Lawyer: Major human rights debates ahead on new Civil Code draft
The draft of Ukraine’s new Civil Code contains a number of modern provisions that take into account societal changes, but some clauses may trigger heated debate during the second reading.
This was stated in a comment to Ukrinform by Serhii Starenkyi, Deputy Head of the Human Rights Committee of the National Bar Association of Ukraine.
He noted that the proposed document should not be viewed as a direct alignment with European standards, since approaches to family relations vary significantly across European countries.
“Family relations in Europe have their own specifics, and approaches differ greatly. Therefore, I would not say this is alignment with European standards,” Starenkyi said.
At the same time, he emphasized that updating the code is necessary, as the current version was adopted in the early 2000s and does not reflect modern realities.
“Our lives have acquired many new elements that did not exist before – digital communication, the development of reproductive technologies, which have become part of many people’s lives,” he explained.
Some provisions have already sparked criticism. In particular, there is a proposal that could require one spouse to abandon their surname after divorce in cases of “unworthy behavior.”
“From my point of view, this is a form of discrimination against women and their right to a name. This provision is being proposed and will be critically discussed,” he said.
Among other innovations is the introduction of the concept of “digital silence,” which would grant people the right not to receive work messages during vacation or days off.
However, the expert stressed that a key challenge remains vague terminology in the document, such as “dobrozvychainist” (“good conduct”) or “unworthy behavior.”
“There will be serious debates during the second reading, taking into account public discussion. These issues will still require significant refinement,” Starenkyi concluded.
As reported, the Verkhovna Rada of Ukraine approved the draft of the new Civil Code in the first reading on April 28, supported by 254 MPs.
At the same time, civil society organizations, human rights defenders, and legal experts have criticized the draft over several controversial provisions, including the vague legal definition of “dobrozvychainist” (“good conduc,”), which critics say could potentially be used to restrict the rights of certain groups.
Human rights groups also argue that the current version creates legal barriers for the LGBT+ community and lacks progressive provisions on civil partnerships. Another criticized clause involves mandatory reconciliation measures for spouses in cases where a woman is pregnant or a child is under one year old.