HUMAN RIGHTS, GENDER POLICY, LGBT+, AND REINTEGRATION POLICY

The armed aggression against Ukraine, which began in 2014 with the occupation of Crimea and the city of Sevastopol, the capture of certain areas of the Donetsk and Luhansk regions, and which continued with large-scale military actions of the Russian Federation on the territory of Ukraine in 2022, led to gross violations of international humanitarian law and human trafficking.

Until February 2022, the key challenges for the field of human rights were to ensure the realization of the rights of those who suffered as a result of armed aggression against Ukraine.

Protection and assistance in the implementation of the rights of internally displaced persons (first of all, the search for long-term solutions in the field of providing housing and employment), ensuring the search for missing persons were relevant for Ukraine in terms of ensuring human rights, forming and implementing the reintegration policy as of the beginning of 2022 in conditions of armed aggression, support of persons deprived of personal freedom as a result of armed aggression against Ukraine, and their relatives. Residents of the occupied territories faced restrictions on freedom of speech, peaceful assembly and association, and regulation of linguistic and educational rights of Ukrainian citizens in terms of learning and using their native language. As a result of the occupation, citizens' economic and social rights in the temporarily occupied territories of Crimea, Donetsk, and Luhansk regions were violated. The issues of ensuring connections with the residents of the temporarily occupied territories of the Republic of Crimea and the city of Sevastopol, certain districts of Donetsk and Luhansk regions by equipping checkpoints on the demarcation line in the Donetsk and Luhansk regions, and the administrative border with occupied Crimea were relevant; assistance in obtaining documents of the Ukrainian model (first of all, we are talking about birth and death certificates of a person, getting a passport of a citizen of Ukraine, etc.); ensuring the realization of educational rights, etc.

After the beginning of the large-scale armed aggression in February 2022, the issue of ensuring the prompt and large-scale evacuation of Ukrainian citizens from the territories that were at risk of occupation, where hostilities were being carried out, and the provision of humanitarian aid became relevant again. The issue of mass violations of human rights in the temporarily occupied territories, in particular, as a result of the deportation of Ukrainian citizens, the use of forced disappearances, torture, and murders, primarily of active citizens of Ukraine, who demonstrated their Ukrainian position and disloyalty to the occupation authorities, arose with new urgency. The occupation authorities took measures to impose Russian citizenship and issue Russian passports, as well as actions aimed at replacing the population. In addition, mobilization measures are being implemented in the occupied territories, as well as conscription into the ranks of the Armed Forces of the Russian Federation. Both the imposition of the Russian Federation's citizenship and the compulsion to do military service look like the implementation of Russia's strategy in the territories occupied in Ukraine.

Large-scale armed aggression against Ukraine significantly aggravated the issue of observing and protecting human rights and fundamental freedoms. The martial law declared from the first day of the invasion of the Russian army, created conditions for the implementation of several relevant restrictions, which, however, can be considered proportionate in the conditions of large-scale armed aggression and occupation of a significant territory of Ukraine. The number of people who moved due to the war increased significantly. Persons who left the territory of Ukraine as a result of the war received temporary protection in EU countries. Maintaining relations with Ukrainian citizens abroad and their protection (first of all, children who moved unaccompanied by their parents, persons with disabilities, etc.) became an urgent state task. With the improvement of the security situation, integral policies regarding the promotion of the return of citizens to Ukraine should become an urgent task.

Significant negative consequences of armed aggression against Ukraine and a substantial increase in displaced persons led to the need to significantly change the vector of state policy from integrating IDPs to building a more comprehensive response to the challenges of displacement. An important step would be developing a gender-sensitive state policy to support persons who have moved outside of Ukraine. It is essential to maintain contact with them and ensure compliance with their rights during their stay outside Ukraine and their further reintegration after their return. Considering the sociodemographic  composition of those who left the country (primarily women and children), the issues of implementing educational and labor rights, protection against exploitation, and human trafficking are especially urgent.

After the large-scale armed aggression began, the territory temporarily under the occupation of the Russian Federation increased. Thus, in addition to the occupied Autonomous Republic of Crimea and the city of Sevastopol, certain areas of Donetsk and Luhansk regions, the territories of Zaporizhia, Kyiv, Mykolaiv, Kharkiv, Kherson, Chernihiv regions, as well as territories in Donetsk and Luhansk regions that were not occupied by the state came under occupation on 24.02.2022. After the successful actions of the Ukrainian army, part of the territories was deoccupied; however, a year after the beginning of the large-scale armed aggression, 1,877 settlements were under occupation.

At the same time, the issues of restoring control over the currently occupied territories and the need to take further steps to reintegrate the deoccupied territories into the legal, educational, cultural, and information space of Ukraine are becoming more and more urgent. An important issue is the responsibility of persons who remained and lived in the temporarily occupied territories of Ukraine (both those occupied since 2014 and those temporarily controlled by the Russian army after February 24, 2022). In March 2022, amendments were made to the Criminal Code of Ukraine, which introduced criminal liability for "collaborative activity" (Article 111-1 of the Criminal Code of Ukraine) - a comprehensive list of actions and forms of cooperation with the occupation authorities in the field of education, economic activity, the exercise of public authority in the occupied territories, etc. As of May 7, 2023, according to the Office of the General Prosecutor of Ukraine, 5,247 criminal proceedings have been opened under Article 111-1 of the Criminal Code of Ukraine.

The issue of bringing existing Ukrainian legislation and practices and draft laws in the field of human rights compliance and reintegration into compliance with the requirements and standards of the EU and other international documents requires attention and careful analysis, especially considering Ukraine's acquisition of the status of a candidate for EU membership. At the same time, the issue of derogation from international obligations in human rights under martial law conditions and the analysis of the measures and consequences of such a derogation is gaining particular importance. 

1.2. VISION OF THE HUMAN RIGHTS AND REINTEGRATION POLICY IN THE PERSPECTIVE OF 2030

Reintegration, restoration of human rights, and capacity of communities and territories after deoccupation should be a cross-cutting element of various policies. This will require reforms in management, decentralization, and social and cultural processes that would consider the occupation's consequences. The reintegration process means restarting the processes of territory management, law enforcement, and the security component, taking into account the general Ukrainian context of the reforms that have taken place. The occupation of the Republic of Crimea and the city of Sevastopol, certain regions of Donetsk and Luhansk regions in 2014 deleted these regions from the processes of all-Ukrainian transformations (reforms of decentralization, education, medicine, administration, etc.). Therefore, appropriate recovery for the territories will mean a reintegration process, considering the tasks, monitoring, and evaluation of the reforms that have been ongoing in Ukraine for nine years.

It is necessary to form visions and decisions regarding establishing life in the liberated territories and reintegrating all life processes of the population of the deoccupied territories. Relevant issues are also related to the response to mass violations of international humanitarian law by the Russian Federation, as well as to the forcing of the processes of the so-called "integration" of the temporarily occupied territories into the Russian legal, financial, educational, cultural, informational and other spaces, which took place during the entire period temporary occupation.

Appropriate politicians, personnel, and a specialized legal framework should ensure reintegration. In particular, it requires the implementation of territory management reforms in Ukraine during 2014-2023, particularly in decentralization, reforming the law enforcement sphere, education, the media sphere, and others. Reintegration also requires efforts to eliminate the consequences of the occupation in the socio-cultural dimension, in particular, the leveling of the influence of Russian socio-cultural narratives on the public environment, which will require a complex policy in the cultural and information spheres.

The reintegration policy also provides for the restoration of civil society institutions in the deoccupied territory, taking into account their actual displacement by the occupation authorities from the territories temporarily under the control of the Russian Federation.

The reintegration process must consider the rights of the victims - from the occupation to Russian aggression - as well as the restoration of justice. An urgent task is to develop a vision of normative legal acts regarding transitional justice.

Ensuring the realization of human rights and fundamental freedoms in ongoing armed aggression against Ukraine depends on the nature and duration of the war and the course and nature of the deoccupation of the territories, particularly those occupied by the Russian Federation in 2014. Therefore, various scenarios for further development can be considered.

Scenario 1. In the case of the implementation of the scenario of restoration of the territorial integrity of Ukraine in the borders of 1991, reintegration processes will take place, which will complete part of the complex of transitional justice: (a) compensation will be provided to the victims, (b) regions affected by the occupation will be (re)integrated into the legal, political, the socio-economic space of Ukraine, (c) elections were held according to democratic standards, reforms in the field of decentralization, management, education, medicine and others will continue, (d) vision is being produced and its implementation regarding the economic model of the development of the relevant territories, integration into the Ukrainian economic, logistics space (e) citizens of the respective territories will be involved in policies in the field of European integration, (f) systematic international assistance for the process of reintegration and recovery will be implemented in the form of infrastructure and humanitarian projects. The response and recovery measures are determined by the nature of the territories’ destruction during deoccupation.

Scenario 2. In the case of long-term freezing of the war, conducting hostilities of medium intensity, part of the territories of Ukraine occupied by the Russian Federation may remain under the control of the occupying country. Therefore, different regions of Ukraine will be at risk of damage; regions located on the borders of the combat zone will be subject to damage. In such a situation, the trajectory of the reintegration policy may be similar to the reintegration processes of 2014-2022, but with most of the threats, risks, and beneficiaries. Accordingly, (a) all measures to monitor human rights violations in the temporarily occupied territories should be implemented, (b) policies should be implemented to ensure relations with our citizens who remained in the occupied territories, (c) policies should be implemented to assist IDPs, (d) developed measures for permanent response to Russian aggression (support of critical infrastructure, civil protection, humanitarian aid, security measures, etc.), (e) provided measures of international cooperation to provide humanitarian and security assistance, responding to human rights violations. At the same time, security threats and humanitarian challenges will be constantly updated, and the complete restoration of part of the territories of Ukraine will be significantly risky, which will make this process quite risky and resource-consuming if various kinds of international investments in the process of restoration and modernization are impossible.

However, if Russian aggression stops by 2030, Ukraine will face numerous issues related to overcoming the negative consequences of the war (restoration of the destroyed infrastructure, housing stock, promotion of the return of displaced persons to the abandoned place of residence, organization of the management system, etc.). An important task is the implementation of reforms necessary for the further European integration of Ukraine (reform of the SSU , ensuring the independence of the judicial system, protection of personal data, and others).

It is essential to understand the general context of reintegration conditions. In particular, in the summer of 2022, Ukraine received the status of a candidate for EU membership, and there was a discussion and dialogue about the possible start of membership negotiations. Reintegration can occur in complex processes of Ukraine's deep integration into the European Union and compliance with human rights standards. Reconstruction in the liberated territories will take place with full consideration and influence of the European perspective and Ukraine's progress.

Therefore, until 2030, the critical task will be reintegrating the deoccupied territories and their inhabitants into Ukraine's legal, cultural, educational, and information space. When passing this stage, it would be expedient to introduce transitional justice approaches (Transitional Justice) with the necessary adjustments related to the international nature of the armed conflict.

1.3. KEY ISSUES TO BE SOLVED TO ACHIEVE THE DESIRED OUTCOMES IN THE HUMAN RIGHTS AND REINTEGRATION POLICY

Despite the active phase of large-scale armed aggression, the urgent task is to develop strategic and operational policy directions in the field of reintegration, which is based on the following:

• Visions of the future restoration of territories that are currently occupied but will be deoccupied (liberated);

• Emergency response measures after deoccupation of territories;

• Development of transitional justice policies (amnesty, lustration)

Therefore, it is necessary to:

1. Analyze the problematic issues that residents of the deoccupied territories will face after their return to the control of Ukraine (for example, issues of documents issued in the occupied territories, issues of criminal proceedings and sentences handed down by the occupying authorities, issues of property rights, etc.).

2. Map the key reforms that took place or are taking place in the territories under the control of the Government of Ukraine during the temporary occupation of some of its territories (in particular, decentralization, decommunization, reforms in the field of education, etc.).

3. Develop a vision for the economic and social recovery of the temporarily occupied territories, in particular, economic and logistical issues related to the further development of the territories;

4. Form a policy for the return to Ukraine of Ukrainian citizens (mainly women with children) who left the country after the beginning of large-scale armed aggression to promote the return of IDPs and their further integration into new communities. It is crucial to develop appropriate legislation to support the recovery of deoccupied territories, including encouraging return for employment, promoting investment attraction by easing the tax burden on businesses, etc. However, the first step should be to restore social infrastructure (preschool, school education, and medical facilities).

5. Provide programs for reintegrating veterans and their family members into peaceful life.

Introducing a proper prosecution mechanism for crimes committed during the armed conflict against Ukraine is necessary. There is a risk that the national justice system cannot cope with the volume of tasks facing it now, and it will be required to introduce a new system (national hybrid courts, an international tribunal for the crime of aggression, etc.).

In situations where, as a result of the war and armed aggression against Ukraine, there is a danger of new lines of tension and divisions in society (for example, between those who lived in the occupation and the territories controlled by the government of Ukraine, between IDPs and local communities, between those who evacuated abroad, and those who remained in Ukraine, etc.) measures aimed at increasing social cohesion, in particular through the tools of representative democracy and public participation, and countering populist sentiments that polarize communities, become meaningful.

1.4 POLICY FOR ISSUE SOLVING IN THE SPHERE OF REINTEGRATION IN THE PERSPECTIVE OF 2030

1. Regulatory and legal regulation of reintegration issues in 2022/2023

In 2022, several strategic documents in the field of human rights were implemented, in particular:

• The National Strategy in the Field of Human Rights and the corresponding Action Plan for the implementation of the National Strategy in the field of human rights for 2021-2023 ;

• The strategy of deoccupation and reintegration of the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol and the corresponding plan of measure for its implementation ;

• Strategy for the integration of internally displaced persons and the implementation of medium-term decisions on internal displacement for the period until 2024 .

These documents were supposed to set the vectors of state policy and be guidelines for the development of one or another area. At the same time, all these strategic documents were united because they had no financial support.

As of May 2023, we can say that all these strategic documents are either in the process of being updated or have already been updated. The main reason is the need to consider new challenges caused by large-scale armed aggression against Ukraine.

Thus, on April 7, 2023, the Cabinet of Ministers adopted Order No. 312-r, which approved the Strategy of the State Policy on Internal Displacement until 2025 and the corresponding operational plan of measures for its implementation in 2023-2025. This strategic document aims to reduce the impact of the negative consequences of internal displacement caused by armed aggression against Ukraine on citizens of Ukraine, foreigners, and stateless persons who are legally present on the territory of Ukraine by implementing complex and effective state response mechanisms to challenges that arise from the moment a person decides to move, during their social adaptation and integration in the host community, as well as in the case of a person's voluntary return to the abandoned place of residence and their reintegration. The strategy of the state policy on internal displacement until 2025 replaced the previous strategic document - the Strategy for the Integration of Internally Displaced Persons and the Implementation of Mid-Term Decisions on Internal Displacement until 2024.

The National Strategy in the human rights field and the Strategy for Deoccupation and Reintegration of the Temporarily Occupied Territory of the Autonomous Republic of Crimea and the City of Sevastopol are being updated. The plan of measures for the implementation of the Strategy of Deoccupation and Reintegration of the Temporarily Occupied Territory of the Autonomous Republic of Crimea and the city of Sevastopol was updated on April 4, 2023.

Issues related to the implementation of human rights and reintegration are contained in the Plan for the Recovery of Ukraine, which the National Council is developing for the Recovery of Ukraine from the Consequences of War. In particular, the draft Plan has a separate section, "Human Rights", and separate issues are covered in the block "Justice" and "Return of temporarily displaced citizens, in particular abroad and their integration into the socio-economic life of the state". As of May 2023, the Plan for the Recovery of Ukraine from the Consequences of War has not been adopted.

Despite the importance of the reintegration of temporarily occupied territories, there is currently no coherent vision regarding the reintegration processes. The fundamental difficulty here is that, in a formal and legal sense, all territories — both those occupied in 2014 and those temporarily under the control of the Russian Federation from 2022 — are temporarily occupied by the Russian Federation. Ukrainian legislation does not distinguish between them because the same state occupies these territories. At the same time, the consequences of an occupation lasting more than nine years are different from those that occur after several months of occupation or even a year.

The Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine has announced the start of drafting the law on the legal regime of deoccupied territories. The details are still unknown, but the Vice-Prime Minister - Minister for the Reintegration of the Temporarily Occupied Territories reported that the main tasks of the draft law are not only the restoration of state power and ensuring justice but also the issue of property, documents, and court decisions, the restoration of Ukrainian information space and humanitarian component. .

In turn, the Permanent Representative of the President of Ukraine in Crimea reported that a working group worked based on the Representative Office, which worked out a list of priority steps after the deoccupation of Crimea. The working group focused on the following areas: restoration of public administration and personnel support, prosecution for international crimes and crimes against national security, issues of amnesty and lustration, verification of documents and decisions of occupation courts, issues of property rights and humanitarian policy, as well as demilitarization educational and cultural spheres. The working group's activities were presented, in particular, to the People's Deputies of Ukraine in May 2023.

It is important to note that some legislative initiatives have already been adopted in Ukraine to recover further and protect persons injured due to armed aggression. Thus, in February 2023, the parliament adopted the Law of Ukraine "On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, acts of terrorism, sabotage caused by the armed aggression of the Russian Federation against Ukraine, and the State Register of Property Damaged and Destroyed as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine" (entered into force on May 22, 2023).

At the same time, speaking about the formation of policies and the legislative framework for post-conflict/post-war settlement, liquidation of the consequences of the large-scale Russian invasion, there is an acute need to implement policies in the field of reintegration, in particular, a) transitional justice, b) approaches to territory management (management during the transition period), c) reintegration of social groups (IDPs, temporary protection seekers, veterans, etc.), d) implementation of comprehensive reforms in the process of recovery based on respect for the principles of human rights. e) resolving issues of ensuring citizens' rights (property, social, humanitarian) violated during the war, temporary occupation, etc.

2. Necessary institutional changes

On the eve of the Russian Federation's full-scale invasion of Ukraine on February 24, 2022, the vast majority of state authorities were indirectly involved in developing and implementing policies regarding the transition period and reintegration of the temporarily occupied territories of Ukraine. In most cases, there was and is no direct mention of the exercise of powers about temporarily occupied territories or support of internally displaced persons in the regulations on central executive authorities. Still, additional legislative or normative legal acts have primarily assigned functions to facilitate or implement measures for the reintegration of IDPs. Since the beginning of the full-scale invasion and the introduction of martial law, the functions have been supplemented with relevant measures for conflict and post-conflict settlement.

Until 24.02.2022, the Ministry of Reintegration, authorized to develop policies for the reintegration of temporarily occupied territories - the Ministry of Reintegration - in its activities and structure, tried to close all possible areas related to the policy regarding the temporarily occupied territories of Ukraine. Still, the ministry could only implement some of the necessary steps (in particular, due to the lack of human resources) with close interaction with other central bodies of executive power. Since the beginning of the full-scale war, the problem of institutional capacity and availability of the necessary human resources in the ministries (and in general in state authorities) has become even more acute. Also, humanitarian issues came to the fore for the Ministry of Reintegration, which further reduced the institutional capacity of the ministry in the context of developing and implementing policies for post-war reintegration, reconstruction, and human rights protection.

Therefore, the urgent task is to strengthen the institutional capacity of the Ministry of Reintegration and other state (and local) authorities, especially in the context of human resources. First, it is about their greater involvement (additional staffing and expansion, if necessary) and personnel training (implementation of educational and professional training programs with a focus on post-war governance, restoration and settlement, and relevant certification programs). The preparation of the personnel reserve for work in the deoccupied territories and the involvement of veterans and displaced persons should be highlighted separately.

Another possible way of building the state's capacity to ensure the reintegration of deoccupied territories is implementing an end-to-end approach in the governance system, in which the positions of deputy ministers for the reintegration of deoccupied territories should be introduced in all ministries. The complexity of the existing problems and the spread of the consequences of the war to all regions of Ukraine may require a more active inclusion of the issue of reintegration in the focus of the activities of all ministries. At the same time, the coordinating role should be left to the Vice-Prime Minister for the Reintegration of the Temporarily Occupied Territories (following the example of the Vice-Prime Minister for the European and Euro-Atlantic Integration of Ukraine). In such models, the continued existence of the Ministry of Reintegration could be more practical.

Regardless of how the state policy of reintegration of deoccupied territories will be implemented, it is crucial to involve the non-state sector, which can participate in developing and implementing measures for restoration, reintegration, and ensuring human rights. In addition, the involvement of the non-state sector should be systemic and not selective.

Another critical aspect is coordinating and synchronizing the development and implementation of post-war reconstruction, reintegration, and human rights policies and measures. It is surprisingly vital to have a single position/voice in state bodies; in particular, there should be no situations when different government officials come out not just with different but with opposite positions on the issues of ensuring human rights, observing justice, and reintegration and rehabilitation.

3. Funding 

The policy in the field of reintegration requires funding to restore educational and cultural infrastructure, restore property, and economic ties. It will involve working with various target audiences suffering from war and losses. For example, liquidating the consequences of Russian aggression will also require the establishment of compensation of several types for victims of the war, practical investigations, and realization of the right to the truth, including measures in the politics of memory.

The system of measures for the reintegration of social and other spheres, the development of civil society institutions in the deoccupied territories, and measures to work with communities, which should be aimed at social cohesion and reintegration, will require support and resources. These measures may consist of working with citizens and helping various social groups. Measures for the reintegration of veterans will require resource provision. In particular, according to the estimates of theMinistry of Veterans Affairs of Ukraine, the number of veterans and members of their families may amount to almost 5 million people .

Support for reintegration processes is also related to creating opportunities for returning IDPs and temporary protection seekers to their previous places of residence. Since 2014, after the beginning of the occupation by the Autonomous Republic of Crimea, the city of Sevastopol, and some areas of the Donetsk and Luhansk regions, there have been almost 2 million internally displaced persons (IDPs). With the beginning of the large-scale Russian invasion of Ukraine, according to the Ministry of Reintegration of Ukraine, as of January 2023, there were 4.8 million IDPs. However, the real number of people who were forced to leave their places of permanent residence may be almost 7 million citizens . At the same time, there is a mass movement of Ukrainian citizens to European countries and other countries. For example, according to the UNHCR, as of March 20, 2023, 8,157,230 refugees from Ukraine are registered throughout Europe, of which 4,946,000 are registered for temporary protection or similar national protection schemes in Europe. During the war, Ukraine lost more than 2 million workers. When calculating the losses of Ukraine, direct economic losses are often analyzed, while the social and public dimension of the corresponding losses is not fully taken into account. When planning reintegration and recovery measures, it is necessary to consider the need for resource provision not only for economic objects and their modernization but also the support of social processes of reintegration, which contribute to social cohesion and form the foundations of sustainable development.

The Russian invasion caused human losses, massive violations of International Humanitarian Law, the destruction of social infrastructure, herbicide, and social, economic, and logistical ties.

In general, according to the estimates of the experts of the World Bank and the European Commission, the losses in Ukraine as a result of the large-scale Russian aggression in the period from February 24, 2022, to February 24, 2023, are estimated at 134.7 billion dollars, and the need for restoration is 410.6 billion dollars. In particular, according to Rapid Damage and Needs Assessment, full-scale Russian aggression brought losses of more than 135 billion US dollars during the year. At the same time, economic losses, namely disruption of economic flows, production, and additional costs associated with the war, amount to 290 billion US dollars .

Meanwhile, not only the economic, industrial, and energy spheres suffered losses. Social, educational, medical spheres and cultural infrastructure continue to experience losses. For example, according to SEDOS data, 1,259 schools were damaged as of January 2023 due to large-scale military aggression against Ukraine, which is 11% of the total number of schools in the country. Two hundred twenty-three schools were destroyed. According to the Kyiv School of Economics (KSE), 885 kindergartens and 517 buildings of higher education institutions were damaged or destroyed. In general, the KSE estimates the losses of only the educational sphere due to the Russian invasion at 8.8 billion dollars.

Therefore, as of February 2023, 1,245 healthcare facilities are damaged or destroyed. 154 institutions of social protection of the population were damaged or destroyed. Sanatoriums – 46 institutions, social centers – 43, and boarding schools – 31 were the most affected.

According to the Ministry of Culture of Ukraine, as of December 2022, 1,189 objects of cultural infrastructure were destroyed or damaged.

According to the Institute of Religious Freedom estimates, 494 religious buildings, educational institutions of the spiritual sphere, and shrines were damaged, looted, or destroyed during the year of Russian aggression in Ukraine.

The corresponding calculations relate to the consequences of a full-scale Russian invasion and do not consider the losses from the beginning of the Russian occupation of Crimea and the city of Sevastopol, the territories of Donetsk and Luhansk regions occupied in 2014.

At the same time, before the start of the large-scale Russian invasion of Ukraine in February 2022, the direct economic losses that Ukraine suffered from the occupation of the territory of Crimea from February 20, 2014, according to the calculations of Ukrainian experts, amounted to 135 billion dollars in 2021, which was equal to almost 75% of the GDP of Ukraine in 2013. This assessment of losses did not include the macroeconomic consequences of the temporary occupation of the Crimean peninsula. The amount of losses was calculated due to the value of the land on the Crimean Peninsula ($3 billion) and proven mineral deposits ($52.3 billion) in the form of, in particular, natural gas and crude oil. According to experts' estimates, the loss of residential real estate equaled 42.7 billion dollars, the losses of private companies were estimated at 18.4 billion dollars, and banks - at 2.7 billion dollars. State losses amounted to 14 billion dollars, and local communities - 1.7 billion dollars.

Back in 2021, Ukrainian experts assessing the consequences of the Russian occupation of certain areas of Donetsk and Luhansk regions indicated the respective regions' economies lost more than 50 billion dollars for 2014-2018, which is about 10% of the gross product of Ukraine for these five years. The relevant calculations included unrealized value-added and did not include lost or destroyed assets. According to the Center for Economic Strategy’s estimates, the real ones can be estimated at the lower limit - 1.2 trillion UAH for five years (2014-2018).

It is worth paying attention to the social sphere's expenses caused by the Russian war against Ukraine, and the costs of providing the social sphere and various categories of victims, responding to the urgent needs of citizens.

After the deoccupation of the Ukrainian territory, reintegration will require resource provision. In particular, funding is needed for:

• The process of recovery and reconstruction, modernization of various spheres of the life of the Ukrainian state (approach to recovery - "build better than it was");

• Resources for the implementation of sectoral policies on the deoccupied territories, providing services to the population;

• Resources for the implementation of safety;

• Liquidation of the consequences of Russian armed aggression, which will consist in providing compensation mechanisms to the victims;

• Implementation of policies aimed at restoring human relations, reconstruction and support of social institutions, measures related to the development of cohesion and civil stability, support for institutions of civil society, support for processes of management of deoccupied territories;

• Projects of reintegration of veterans and members of their families (restoration, rehabilitation, habilitation, employment, social, and psychological assistance);

• Restoration of critical infrastructure, logistics, social, and personnel infrastructure;

• Resource provision of information policy (restoration of broadcasting to free territories, information reintegration);

• Restoration of objects of cultural heritage that suffered as a result of hostilities and Russian occupation, etc.;

• Restoration of the Ukrainian education system in the temporarily occupied territories.

4. Communication of  reforms to society

A cross-cutting element of reintegration policy, ensuring human rights, should be the communication of authorities with various target public audiences. Formation and implementation of policies should be accompanied by dialogue and consultations informing target audiences. Such a communication strategy will make political decisions understandable and inclusive, increasing public understanding and acceptance of controversial reforms for particular social groups. The reintegration process is connected with the need to form social cohesion, which involves an increase in the level of trust, which will have consequences for the development of cooperation, intersectoral interaction for solving problems, and implementing reforms.

Public communication of sectoral reforms in reintegration is essential, particularly those that can form and exacerbate additional conflict lines in society (for example, transitional justice issues). An urgent task is to develop narratives about reforms and sectoral directions of reintegration policy, which will promote social cohesion and dialogue and increase social stability.

In the reintegration process, based on the principles of respect for human rights, it is worth updating the issue of the formation of holistic approaches to transitional justice, in particular: 

- Formation and implementation of lustration tools;

- Regulation of policy regarding those who were (forcefully) mobilized into enemy armed formations, regarding issues of definition and punishment for collaboration, war crimes, ensuring the right to the truth; 

- Collection of evidence of war crimes, which is conducted both by specialized state bodies and international organizations, and by human rights non-governmental organizations, in particular, by the coalition of human rights organizations "Ukraine. Five in the morning" (“Україна. П’ята ранку”), by the initiative "Tribunal for Putin", public network "OPORA", and other civil society initiatives;

- Policy formation ensuring the rights of victims (satisfaction, compensation, and restitution);

- Development of a policy in the commemoration and memory field;

- Formation of the foundations of social, humanitarian, educational, cultural, and other spheres of reintegration after the deoccupation of the territories in the process of restoration;

However, for the implementation of transitional justice approaches and their implementation in the national legislation of Ukraine, it is necessary to provide information and form the request of key social actors to introduce fundamental decisions on the reintegration of transitional justice approaches in Ukraine. In addition, an essential element in promoting transitional justice approaches is the development of appropriate communication solutions and their testing.

5. Steps/stages of changes

The restoration policy in Ukraine's liberated territories must be consistent with the general policy of restoration of all territories under occupation, particularly the ongoing one, taking into account regional and security features. A vision (territorial, regional, and local levels) should be formed, including restoration (reconstruction) and a vision of modernization of the social and economic spheres of territories and communities. In particular, regarding the development of the economy, financial, and educational spheres. After all, destroyed communities may need to develop other economic models of existence and management. The issue of social resources and the return of citizens is also relevant. When creating a vision for the future, we must lay the foundations for sustainability, adaptability of social and economic systems, management systems, and community security.

The main issues that must be resolved before the territories’ deoccupation may include:

A) Emergency response measures in the field of management, restoration of logistics, restoration of social and economic spheres, and security measures:

- Determination of priority spheres of life and positions in government bodies, which must be filled in the deoccupied territory in the first place, their number, and localization. Considering this calculation (modeling), the formation of a personnel reserve for filling positions in the deoccupied territory of Ukraine should take place. Priority should be given to law enforcement agencies, prosecutor's offices, courts (legislative changes that provide for the possibility of increasing the staffing of regional units/services in the deoccupied territory), as well as military administrations. There must be a vision for the involvement of the local population in the restored structures of the state power of Ukraine.

- Assessment of the need and training of a certain number of heads of educational, medical, and social institutions;

- Determination of mechanisms for supporting the population of the deoccupied territories for the period of the restoration and the activities of state authorities in this territory (including humanitarian aid);

- Solving the issue with foreign citizens who are in the occupied territory;

- Determination of approaches to documents issued during the period of temporary occupation of the territories (including identity documents confirming the fact of the birth of a child, educational documents, documents confirming the right of ownership, driver's licenses, etc.). Defining the territory and the period during which these documents can be used. Separately, it is necessary to solve the issue with the judgments of the occupation courts, especially if the responsibility is connected with the deprivation of liberty. There should also be a procedure for reviewing the decisions of the occupation courts;

B) Development of policies at the strategic level related to recovery, stability, and laying opportunities for further development:

- Development of strategic documents regarding the restoration of the banking sector, postal services, transport (Ukrainian Railways, bus service), retailers, pharmacy chains, etc., in the deoccupied territory;

- Development of the law on lustration, changes to the Criminal Code of Ukraine regarding prosecution for collaborative activities, as well as participation in terrorist organizations, illegal armed organizations, etc.; decriminalization of some acts, amnesty (these laws should be developed now, and applied after the return of control over the deoccupied territories);

- Development of a plan for the implementation of decentralization reforms, New Ukrainian School, medical reform, etc.;

- Development of a regional development plan for the deoccupied territories (with the possibility of implementing incentive measures for the return of individuals and businesses to the deoccupied territories);

- Preparation for forming registers of territorial communities in the deoccupied territories of Ukraine.

Measures to be taken after the deoccupation of the territory (tactical level):

- Stabilization measures, demining of territories (structures of the MIA system have their algorithms of actions, which have already been tested in Kharkiv and Kherson regions);

- Formation of deployment of activities of military administrations;

- Determination of needs for humanitarian aid, medicines, and drinking water;

- Solving the issue of the civilian population evacuation (most probably, it will not be realistic, but it is possible to solve this issue already on the spot, taking into account the security situation. If there is an evacuation, it is worth determining where);

- Deployment of the activities of the units of the National Police (special communications, line "102"), the prosecutor's office, and the SBU;

- Restoration of the activities of judicial authorities;

- Ensure the preservation of documents stored in occupation authorities (archives, current documents);

- Resolution of the issue with persons who, at the time of deoccupation, are in places of imprisonment in these territories (review of cases, release of political prisoners and civilian hostages);

- Provision of mobile communication, Internet;

- Measures to restore the circulation of the hryvnia and withdrawal of the ruble, restoration of banking services, return of the postal operator;

- Organization of obtaining documents of the state standard, replacement of documents issued by occupation authorities (at least with the application of extrajudicial procedure provided for by Bill 9069, we will be talking about acts of civil status). But the issue of obtaining Ukrainian citizen passports and identification of those who already have such passports must also be resolved (book-like (old design) passports issued on the territory that was occupied after 2014 are not available in the departmental information system of the State Migration Service, they can be forged, and therefore, all citizens, who have them, must undergo verification and identification procedures);

- Formation of registers of territorial communities;

- Business entity registration procedures;

- Assessment of the state of infrastructure facilities, including military purposes;

- Dismantling of commemorative plaques dedicated to military personnel and members of the National Defense Forces in the occupied territory.

Strategic directions (this list is not exhaustive):

- Implementation of the ways of the vision for liquidation of the consequences of the war and reintegration in the socio-economic and management spheres. Development of state and local restoration and modernization programs, involvement of partners;

- Development of new regional development programs with the components of reintegration, stability cohesion, taking into account European integration reforms, formation of action plans, and search for resources;

- Formation and implementation of measures for reintegration, social cohesion, restoration, and stability;

- Resumption of work of independent media, resumption of work of editorial offices of foreign media, branches of the Public Service, return of media that were forced to leave the occupied territory;

- Resolving the issue with the property of legal entities and individuals who were forced to give up their property under pressure and using violence (including in the process of so-called "nationalization");

- Restoration of the educational process, its "Ukrainization" (development of educational materials that will allow children who have not studied the Ukrainian language and literature, the history of Ukraine for almost ten years, to learn it within the framework of formal and informal education). Here, we need to address the issue of extending Article 7 of the Law of Ukraine "On Education" to all occupied territories, or should there be some transitional period;

- Decommunization and decolonization, including public space (street names, landmarks, etc.). Solving the issue of monuments that arose during the occupation (this should be a general state policy because there is a monument to "Giva and Motorola" (L/DNR terrorist leaders), and there are monuments to children who died; therefore, not all of them can be simply demolished, some will override);

- Systematic involvement of the local population in authorities' activities in the deoccupied territory (to prevent conflict and the possibility of talking about the alleged "occupational nature" of Ukrainian administrations).

6. Criteria for evaluating the reform’s success/failure 

Evaluation and monitoring of the success or failure of reforms in the field of post-war settlement, reintegration, and reconstruction should be carried out in several directions:

1) Clear articulation of the content and goals of the reforms and the presence of a single positional (one voice) regarding the critical points of post-war reconstruction in various areas, especially regarding the provision of human rights, justice, and the demand for justice. All developed state and local programs must be united by a single vision of reconstruction and reintegration, be based on shared principles, and be unanimous. Accordingly, the criteria are compatibility, consistency, and consensus of state and local programs and measures implemented in post-war settlement, reconstruction, and reintegration.

2) Increase in social cohesion which can be directly assessed during monitoring (research both the specific communities or broader regional or national quantitative and qualitative studies) or indirectly. The level of social cohesion is manifested in the reduction of social tension and the reduction of conflicts in the community. At the same time, it should be understood that it is about tension or conflicts on any ground, even those not directly related to war or post-war settlement issues. Also, indicators of an increase in social cohesion are an increase in solidarity and interpersonal (and partly institutional) trust in the community, which is manifested in an increase in cooperation and involvement, joint activities, and community actions.

3) Increasing the level of civic involvement in communities in general and, in particular, the political involvement of residents in local self-government, especially in those territories that were occupied. It is measured quantitatively.

4) Renewal/emergence of independent media and public/non-profit organizations. Local media and NGOs in the territories that were occupied are significant. We generally talk about the entire state territory and all levels (local, regional, and national). It is measured quantitatively by media diversity and regular media monitoring.

5) Success of measures in individual areas should be evaluated through critical indicators for these specific areas. For example, concerning decommunization/decolonization, indicators can be renaming streets or resolving issues regarding specific monuments, etc.

6) Indicators of success include the return of people to the deoccupied territories and the restoration and reconstruction of these territories (specific indicators regarding the restoration of infrastructure, housing, local self-government, law, order, and the judiciary, etc.).

7) Regular monitoring of the performance of reformers at the national, regional, and local levels through the precise definition of the bodies that coordinate activities and the establishment and achievement of key performance indicators (KPI).

8) Information and communication direction - to what extent citizens know about the course of reforms, their purpose and content, understand and share their goals and observe/know about specific results. No matter how successful the reform may be, if its goals are not clear to people or not supported by society, or if there is insufficient awareness of its specific steps and what has already been done on the way to achieving the goal, then such a reform cannot be considered successful, and socio-political tension may grow. Therefore, the criteria are the level of awareness of all stakeholders and citizens regarding the goals and progress of the reforms, specific measures that have been implemented, understanding of the need for such reforms, particular steps, and measures, and the sharing of basic fundamental principles and values. Such monitoring includes opinion polls, focus group studies, etc. For reforms in the field of reintegration and post-war reconstruction, among such vital issues is an understanding of the essence and principles of the implementation of post-war justice, in particular, prosecution of crimes, amnesties, lustrations, etc.; awareness of the importance of human rights and inclusiveness; understanding the need for public involvement at the local and state levels.

1.5. RED LINES WHICH CANNOT BE CROSSED IN THE HUMAN RIGHTS AND REINTEGRATION POLICY

1. Any questions regarding territorial concessions of Ukraine in the course of peace negotiations regarding the cessation of armed aggression against Ukraine;

2. Difficulties associated with the post-war reconstruction of Ukraine (prioritization of "survival" rather than issues related to the realization of human rights and fundamental freedoms);

3. Lack of effective prosecution mechanisms for crimes committed in armed conflict, and as a result - impunity of persons who committed crimes, in particular, war crimes or crimes against humanity;

4. Difficulties related to the fact that in the absence of effective prosecution mechanisms for crimes committed in armed conflict, individuals and groups of persons will carry out extrajudicial punishments of those they consider guilty, and the state will face the issue of prosecution of everyone involved. A particular problem will be that populist discourses will mainly support such extrajudicial punishments.

5. All processes of post-war recovery and effective implementation of transitional justice measures must take place with respect for human rights and fundamental freedoms, promote social cohesion of society;

6. The risk of not including the population of the deoccupied territories in the recovery process.

2. GENDER POLICY

2.1 STATE OF AFFAIRS IN THE GENDER POLICY AS OF EARLY 2023

Ukraine joined the primary international documents on ensuring equal rights and opportunities for women and men - the UN Convention on the Elimination of All Forms of Discrimination against Women ; the Beijing Declaration on the Status of Women , the 1995 Platform for Action ; UN Security Council Resolution 1325 , and nine additional resolutions of the UN Security Council on the topic "Women, peace, security"; The goals of sustainable development and the agenda in sustainable development until 2030. In 2022, the Council of Europe Convention on Preventing and combating violence against Women and domestic violence (Istanbul Convention ) was ratified.

Gender equality is guaranteed by the Constitution of Ukraine and the legislation and is the basis for the development of the sustainable institutional provision of gender equality; equal involvement of women and men in various spheres of social life – family, politics, security, and defense, etc.; taking into account the needs of different categories of the population (women and men of different ages, marital status, region of origin, health status, sexual orientation and gender identity, religious beliefs, etc.); countering gender stereotypes and gender violence; spread of educational activities and culture of gender equality.

The Association Agreement between Ukraine and the EU provides for the transformation of gender relations in Ukrainian society to achieve such a goal as ensuring gender equality and equal opportunities for men and women in the sphere of employment, education and training, economic and social activities, as well as in the decision-making process. Ukraine must implement directives related to (1) the implementation of the principle of equal treatment regardless of racial or ethnic origin; (2) the general system of equal treatment in professional activity; (3) the implementation of the principles of equal treatment of men and women in matters of access to the supply of goods and services regarding parental leave; (4) establishment of measures to encourage the improvement of safety and occupational hygiene of pregnant workers, workers who have recently given birth, or nursing mothers; (5) gradual introduction of the principle of equal treatment of men and women in the field of social security.

Ukraine confirmed its commitments in the field of gender equality by joining the Global Partnership for the Promotion of Gender Equality - "Biarritz Partnership" - an initiative of the G7 countries with the participation of "UN Women" and by developing an Action Plan to implement the commitments of the Government of Ukraine taken within the framework of this international initiative. Obligations of Ukraine within the framework of the "Biarritz Partnership" - through the integration of the gender component in the educational process .

In the context of the commitments made, several normative legal acts on gender equality were adopted in the period 2014-2022, in particular, on the criminalization of domestic violence (2018), gender quotas on the lists of political parties (2015, 2020), on conducting a gender audit organizations and educational institutions (2020-2021), prohibition of discrimination based on gender in advertising and job announcements (2022). In 2022, the 2030 Strategy for the Implementation of Gender Equality in the Education Sector and the State Strategy for Ensuring Equal Rights and Opportunities for Women and Men for the Period Until 2030 were approved , which lays down priorities and strengthens the national mechanism for implementing gender equality policy.

UN Security Council Resolution 1325, "Women, peace, security," is an essential document for strengthening the involvement of women in the processes of achieving peace and post-conflict reconstruction. . This resolution provides that UN member states should develop national action plans for its implementation. In 2020, the Cabinet of Ministers of Ukraine approved the National Action Plan for the Implementation of UN Security Council Resolution 1325, "Women, Peace, Security", for the period until 2025 . In addition, the Ministry of Defense of Ukraine has developed a plan of measures for the implementation of this resolution , among which is the provision of women's access to military education. Among the tasks of implementing the plan is the one related to ensuring equal access of women and men to educational institutions of all levels of the security and defense sector and the inclusion of a gender component in the educational process.

In addition, Ukraine implements the Conventions of the International Labor Organization (ILO). For example, since 1995, the Convention on Night Work has been in effect in Ukraine, and in 1999, the Convention on Equal Treatment and Equal Opportunities for Working Men and Women entered into force .

After signing the Association Agreement, Ukraine strengthened the national mechanism for implementing the principles of gender equality. The state strategy for ensuring equal rights and opportunities for women and men for the period up to 2030 and the operational plan for its implementation for 2022-2024 have been approved . This Strategy is aimed, in particular, at implementing plan 1325, "Women. Peace. Security", as well as a plan of measures to implement the Government of Ukraine commitments taken within the framework of the "Biarritz Partnership." International initiative to establish gender equality.

Particular attention should be given to the legal protection of female military personnel. As of the beginning of 2023, the number of women in the army is steadily increasing, primarily due to the long martial law and the process of general mobilization (the latter applies to women on military registration. It is also worth noting that all the problems characteristic of the field of veteran affairs have a direct negative impact on female veterans (especially in the case of providing medical, psychological, recreational, and other rehabilitation services without observing a gender-sensitive approach).

The results of a public opinion poll (as of November 2020) show that it is the political sphere where women experience the most significant discrimination . Among the list of almost ten social spheres, 29% of women and 20% of men chose politics as the sphere where women are most discriminated against. On a similar question about discrimination against men, only 3% of men and 2% of women chose politics as the area of such discrimination.

In 2020, the new Electoral Code with a 40% gender quota passed its first test with local elections. According to the CEC (Central Election Commission of Ukraine), the presence of women in local councils has increased by 12.6% and is 37% among all deputies of local councils of various levels. On the other hand, due to the consolidation of administrative districts and local self-government bodies, the number of female deputies in village councils decreased by 8.2% and by 14.4% in village councils. As we can see, the quotas worked, despite the skepticism in the political environment regarding them.

At the same time, the code did not pass the test for ensuring the competitiveness of elections. This competitiveness allows us to assess the election campaign process: its tension, the activity of the participants, the intensity of the struggle, and the scale of the use of resources. The difference in the resources male and female candidates possess does not allow us to talk about competitiveness. It is a financial capacity that often becomes a barrier to women's participation in politics.

This was confirmed by the re-election of 18 out of 22 former mayors of cities of regional importance and the absence of women among the leaders of such cities. The re-elected mayors successfully used the decentralization reform because 60% of personal income taxes remain locally, and it was this resource that the candidates used during the election campaign to their credit. In the entire history of independence, only two women have headed large cities - Zhytomyr - Vira Sheludchenko (2006-2010) and Kherson - Lyudmila Kobernyk (1994-1997). According to Chesno, out of a total of 238 candidates for the positions of heads of regional centers, only 46 candidates were registered.

The confirmation of more resources in the hands of the candidates shows a significant difference, especially in the wages of men and women. According to the State Statistics Service data, in Ukraine, in the 4th quarter of 2021, women received an average salary of 18.4% less than men. The share of women among the managers of enterprises reaches 30%, and in the total number of entrepreneurs - 46%. They usually work in less profitable fields. Among the hundred most wealthy Ukrainians, there are only five women and only one in the top ten — Galina Gerega, together with her husband.

Even with the reduction, the cost of collateral for the mayoral race was unaffordable for women. For example, the deposit in Kyiv was more than 469 thousand hryvnias. The deposit was twice as low in Kharkiv - slightly more than 229,000. In Dnipro, the deposit slightly exceeded 164,000; a similar amount had to be paid to candidates in Odesa - more than 153,000. The five most expensive mayoral seats were closed by Lviv with a pledge of 131 thousand hryvnias.

The situation of women working in the so-called "care jobs” is outside the scope of gender equality policy. The vast majority of workers in these fields are women: nurses, social workers, kindergarten teachers, and others. Traditionally, this field of employment is exceptionally low-paid and unprestigious, and the position of women workers in these fields rarely enters public discussions and reform projects, even though these fields are critically important for the life and well-being of society, women, men, children, and families.

2.2. VISION OF THE GENDER POLICY IN THE PERSPECTIVE OF 2030

The international community constantly monitors the state of affairs with the provision of equal rights and opportunities. In the Global Gender Gap Report (Global Gender Gap Report) , prepared by World Economic Forum, the size of the gender gap is measured in four important areas of inequality between men and women:Economic Participation and Opportunity, Educational Attainment, Health and Survival, and Political Empowerment. The quantitative indicator of the state of implementation of a gender policy for measurement is the indicators of 2022 : Ukraine took 81st place out of 146 studied countries. In Ukraine, the worst situation occurs in the political component (especially the participation of women in the decision-making process), and it holds the 100th place .

Ukraine has developed legislation on equal rights and opportunities for women and men, an effective national mechanism for implementing gender equality policy. However, several problems remain unsolved. First, the gap between legislative regulation and social practice and the preservation of manifestations of gender inequality in various spheres of society. Secondly, there is a lack of systematic implementation of the gender equality policy at all levels of government and in all spheres of decision-making. This policy is still often perceived as a component of the social protection system only.

In the situation of security challenges and post-war reconstruction, it is crucial not to lose sight of Ukraine's achievements in implementing gender equality policy, which may be perceived as "out of date". In particular, it is essential to prevent the reduction of women's influence on decision-making, to provide women with equal access to military education and the security and defense sector (including at the decision-making level) on a par with men, to prevent and counter gender-based violence; to counteract the feminization of poverty and the deterioration of the socio-economic situation of women, especially among vulnerable groups; pay attention to the physical and mental health of women and men, promote the economic activity of women, popularize the ideas of gender equality and non-discrimination, in particular, in the media and education, as well as in the Security and Defense Forces of Ukraine.

Currently, the state has taken several significant steps to ensure the availability of military positions for women (so, for example, all officer positions are now open to women, which affects not only the opportunity for a woman to build a military career but also makes it easier for women recruits to access military training). However, some gaps should be solved not only to ensure gender equality but also to ensure the protection of human rights in the closed and hierarchical system of security and defense forces.

First, it is about creating an effective complaint mechanism and controls over the response to them (for example, in cases of non-statutory relationships, pressure, or violence (in particular, sexual) against servicemen and servicewomen. Every complaint about a violation of human rights must be effectively processed to ensure the protection of rights human rights and avoid cases of abuse of such a tool (for example, to evade the execution of an order that may harm the state's defense capability). At the same time, the gender sensitivity of such a mechanism is significant (for example, in the case of reports of violence), as well as, by international practices of combating this phenomenon, ensuring that the offender does not have the opportunity to influence the victim (for example, by analogy with the mechanism of a restraining order) to avoid re-traumatization of the victim.

2.3. KEY ISSUES TO BE SOLVED TO ACHIEVE THE DESIRED OUTCOMES IN THE GENDER POLICY

• Legislation

Improving the legal framework for ensuring gender equality and combating gender-based violence (particularly regarding the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention)).

The convention has already been ratified, but from now on, national legal acts aimed at combating the phenomenon of domestic violence and the responsibility of perpetrators, regardless of gender, need improvement at the state level).

• Security and defense

The sphere of security and defense must consider women's potential in ensuring the country's defense capability and in post-war reconstruction processes. First of all, the creation of gender-sensitive infrastructural opportunities for greater involvement of women, countering gender discrimination and sexual harassment in the Armed Forces and other law enforcement agencies.

It is also essential to equalize the responsibilities of women and men in military service and protect the right to parenthood (maternity/paternity) for all military personnel, regardless of gender. Considering women's anatomical needs, the issue of proper material and physical support for female military personnel is also relevant.

• Education

To ensure the effective implementation of the Strategy for the performance of gender equality in the field of education until 2030, including the basis for overcoming the consequences of military actions and the post-war reconstruction of Ukraine based on ensuring equal rights and opportunities for women and men, preventing and countering any discrimination, violence, implementation of inclusiveness practices at all levels of education.

To ensure the full functioning of the network of child care services as a critical factor in the economic activity of mothers and the basic social infrastructure that provides care for preschool children, their education, and development, which fundamentally affects the position of women in society, in particular, mothers of preschool children and their families. To consider the needs of employees of preschool education institutions in reforming this sector.

• Political participation

Reducing the gender gap in the political participation of women and men. Introduction of an effective mechanism of gender quotas in political parties. Effective prevention of sexism in politics (including cyberbullying).

• Awareness

Through education and the mass media to change stereotypes regarding the distribution of the roles of men and women in society and the family, in particular, to spread the legal awareness of citizens on issues of gender discrimination to be able to identify gender discrimination in family life (including cases of violence), work, and society.

• Economy and the labor market

Reducing the gender gap in wages, promoting women's economic activity and the development of women's entrepreneurship, control mechanisms for compliance with legislation on ensuring equal rights and opportunities for women and men in the labor market, including the ability to combine work with family responsibilities.

• Social protection

To improve social protection and raise workers' wages in the so-called “care jobs” (the vast majority of whom are women) who perform essential social functions: social workers, nurses, kindergarten teachers, and others. It is also essential to ensure proper state support for women veterans, given the reality of the guarantees offered by the state and their adequate provision of appropriate resources.

• Prevention and countering of gender-based violence

In addition to the ratification of the Istanbul Convention, it is necessary to develop national mechanisms for combating violence at all levels — from improving the issuance of urgent injunctions to developing a tool for responding to and countering harassment and violence in the system of the Defense Forces of Ukraine. Given the increased number of women military servicemen and women veterans, such steps will ensure equality during military service duties.

A separate problem that needs to be solved is violence during (and as a result of) war, particularly in the territory where active hostilities are taking place, as well as in the temporarily occupied territories. First of all, this problem requires immediate psychological and medical assistance for the victims and, if possible, their further involvement in documenting war crimes. It is worth noting that work to achieve this goal is already underway. Thus, the "Updated National Action Plan for the Implementation of UN Security Council Resolution 1325 "Women. Peace. Security" for the period until 2025. The Plan consists of the expanded list of target groups and measures to provide adequate and timely assistance to victims of conflict-related sexual violence, as well as the monitoring indicators of the plan .

State support (including financial) and involvement of civil society organizations in developing gender policy: civil society organizations, analytical centers, and experts dealing with issues of gender equality and empowerment of women.

The policy of gender-sensitive language (in particular, feminine personal nouns, in accordance with modern Ukrainian spelling).

2.4. POLICY FOR SOLVING ISSUES IN THE GENDER EQUALITY IN THE PERSPECTIVE OF 2030

1. Regulatory and legal framework 

1.1 Education

Adopt amendments to the normative legal acts regulating activities in the field of preschool, full general secondary, extracurricular, professional (vocational and technical), professional pre-university, higher, and postgraduate education and the activities of education management bodies by the Strategy for the Implementation of Gender Equality in the Education Sphere 2030 with the aim of overcoming the declarative nature of the current documents, consolidating the norms of direct action, and including compliance with the principles of ensuring equal rights and opportunities for women and men among the priority areas of educational institutions.

• Preschool education

To solve the issue of an inadequate level of working conditions and wages, it is necessary to:

1) Carry out indexation of the subsistence minimum at least to the level of the actual subsistence minimum calculated by the Ministry of Social Policy; adjust the tariff grid following the indexed living wage or minimum wage;

2) Ensure the implementation of Article 61 of the Law of Ukraine "On Education", according to which the minimum wage of a teacher cannot be less than three minimum wages.

3) Provide state subsidies from the central budget for preschool education.

1.2 Security and defense

To ensure the achievements and principles of gender equality in this area, it is necessary to:

1. Ensure the implementation and stability of the Ministry of Defense order No.50 dated 10.02.2022, which opened all officer positions to women. However, the text of the order in which these changes were made has the stamped "For official use only" [DSK]).

2. Implement an effective mechanism for responding to complaints of harassment and gender-based violence among servicemen (women and men).

3. Ensure the practical implementation of the mechanism for responding to cases of sexual harassment in the army, including ensuring proper assistance to the injured person and an independent official investigation without the intervention of the offender. It primarily applies to cases that do not have signs of a crime because the latter already have their own research and prosecution procedure. To achieve the goal, it is first essential to adopt such a mechanism at the level of a subordinate regulatory legal act and extend its effect to all Defense Forces of Ukraine (regardless of the central executive body to which they are subordinate).

1.3 Women's access to politics

Adopt changes to the election legislation (Electoral Code and relevant sub-legal NPAs) regarding the issue of calculating the cash deposit following the real income of women or combine it with another mechanism, in particular, the collection of voter signatures. It is also necessary to reduce the cash deposit for parliamentary elections. Currently, it is the largest in the world - UAH 4.1 million for parties. The need for such changes is determined by the fact that participation in elections, especially in future ones, requires enormous resources. Due to unemployment and lack of finances, women who will not have them will be a "burden" for the parties. Quotas will be used as a scheme for political corruption because the "paid" seats may end up with women who will later give up their place on the list, and the Rada favors the "necessary" candidate or will "obediently" follow the instructions of the party. Therefore, the actual fulfillment of the quota will be in jeopardy, and women's political representation will too.

2. Institutional changes

2.1 Education

The Ministry of Education and Science and educational institutions should:

a) Appoint an adviser on issues of ensuring equal rights and opportunities for women and men, preventing and countering gender-based violence

b) Introduce changes in the structural and organizational aspects of education by the goals and objectives of the Strategy for the Implementation of Gender Equality in Education until 2030 to strengthen the role of educational institutions in coordinating the actions of subjects implementing state policy to ensure equal rights and opportunities for women and men in the field of education, prevention, and counteraction of violence and discrimination and improvement of the educational process based on equal rights and opportunities for women and men, respect for human dignity, non-discrimination, inclusiveness, and counteraction to violence, in particular, based on gender.

In the field of general secondary education

1. Ministry of Education and Science should introduce a course on the basics of sexual/sex education in the field of general secondary education;

2. Institute for the Modernization of the Content of Education should ensure the implementation of anti-discrimination examination of draft school textbooks issued at state expense;

3. Local self-government bodies and secondary education institutions: ensure the creation of a safe and comfortable environment in the educational institution, considering the requirements of privacy and sanitary standards, particularly when arranging toilets for children (presence of partitions and doors, etc.).

4. Textbook authors and educators: ensuring the parity of women's and men's contribution to development of society, and, in particular, women's contribution to victory in both the military and civilian spheres, in educational programs and the educational environment; prevent the reproduction of gender stereotypes in the context of the challenges of war in the content of education and upbringing (for example, “only men as defenders”);

In the field of preschool education

a) Ministry of Education and Science: carry out a reform of the preschool education system, which will be based on measures aimed at:

• Create comfortable and safe conditions for children;

• Improve the conditions and provision of decent wages for employees;

• Solve the issues of overcrowded school groups in big cities, regulating and reducing the ratio of the number of children per teacher;

• Create a methodical portal (resource) for teachers of preschool educational institutions;

b) Local self-government bodies and their specialized departments:

• Include the development of care infrastructure, in particular kindergartens, in the strategic documents of the development of regions and communities (development strategies, programs and plans of socio-economic development, target programs), including with indicators of their implementation, in particular through accurate indicators of children's enrollment ineschool education (per the Sustainable Development Goals);

• Ensure the actual inclusiveness of the care infrastructure for children with special educational needs;

• Ensure funding of the appropriate number of all staff units and rates in preschool education institutions;

• Optimize and reduce the amount of reporting and other paperwork to be performed by kindergarten workers to reasonably necessary limits that do not interfere with the performance of the main functions assigned toworkers (direct work with children: care, development, education);

• Provide comfortable bomb shelters in kindergartens;

• Improve the financing of the material base of preschool education institutions, in particular for the timely acquisition and updating of educational and methodical materials, stationery, toys, and technical support;

• Optimize the work schedule of kindergartens and logistics in accordance with the needs of working parents (primarily in rural areas);

• Ensure the appropriate level of food quality, considering parents' wishes and the needs of children with special nutritional deficiencies (for example, children with allergic reactions).

2.2 Security and Defense

a) It is essential for the Verkhovna Rada of Ukraine to implement the development of gender equality among military personnel at the level of legislative acts, taking into account the principle of the superiority of professionalism over gender. This applies to all draft laws being processed by the Verkhovna Rada of Ukraine. It is also essential to adopt draft law No. 5713 of 06/29/2021 on amendments to some legislative acts of Ukraine regarding military service in the Armed Forces of Ukraine and other military formations since, even during martial law, almost all proposals remain relevant (at the same time, it is possible to update the text before the second reading).

It is also vital to improve the national legislation following the provisions of the Istanbul Convention so that Ukraine can remove the caveat regarding the non-payment of compensation for the victims.

In veterans' affairs, it is vital to ensure a comprehensive policy of support for veterans, particularly by holding activities, events, involvement in national-patriotic education, etc. Respect and gratitude for the veteran's contribution to the state's security should be a through-and-through idea of the veteran's policy.

b) It is crucial for the Ministry of Defense of Ukraine and other central bodies of executive power, which exercise leadership of security formations, to first, create an institute for countering harassment that does not contain signs of a crime. Given the closed nature and rigid hierarchy of the Defense Forces, it can be a specific external body with sufficient powers, for example, a special Commissioner for the protection of the rights of people in service (or the expansion and monitoring of the effectiveness of its representatives).

3. Funding 

Funding of measures for the implementation of gender policy should be carried out primarily at the expense of the State Budget of Ukraine, which is an indicator of the state's awareness of the importance of its obligations.  

Government bodies implement projects within local budgets, including due to equity participation from developer companies.

Financing of individual projects can be carried out at the expense of other sources, not prohibited by law, in particular, public and international organizations and projects of international and technical assistance.

4. Communication of reforms to  society

For communication of reforms with society, rely on the Concept of communication in the field of gender equality. .

4.1 Education

To the Ministry of Education and Science:

Communicate the strategy for the implementation of gender equality in the field of education until 2030 with parent and teacher communities using, in particular, opinion leaders. Pay attention to the issues of gender equality as an indispensable component of a modern, inclusive, and non-discriminatory educational environment. Involve opinion leaders in communication. During communication, weigh the risks of opposition to these changes on the part of representatives of (pro)religious and conservative organizations and movements, emphasize human rights issues and gender equality as an essential component of Ukraine's European integration aspirations.

4.2 Security and Defense

The communication of the Ministry of Defense of Ukraine should be timely, for the period of post-war reconstruction and beyond, the public should be more widely involved, in particular, in the discussion of projects of normative and legal acts initiated by the Ministry (especially those aimed at reforming the system of public relations, as happened for example with the introduction of military registration for women, which is currently voluntary in part as a result of heated public debate, indicating a lack of communication of the issue from the start).

We see the main risks in this area as communication with supporters of the "traditional" distribution of gender roles, who tend to devalue the contribution of the Defenders to the security of the state. For this, first of all, it is necessary to carry out information campaigns and measures aimed at increasing the visibility of the contribution of servicewomen and veterans, their professionalism, and involving such women in national and patriotic education. Educational institutions of all levels and forms of ownership, territorial centers of staffing and social support, and territorial bodies of the Ministry of Veterans Affairs of Ukraine can participate in such a communication campaign.

As for the updates of mechanisms for responding to service members' complaints (men and women), we do not see any communication risks here. The Ministry of Defense of Ukraine, the Office of Ukrainian Parliament Commissioner for Human Rights, as well as the Verkhovna Rada of Ukraine (by improving the legislation, ensuring public control in the complaint response system), and relevant specialized committees when informing the public about the law-making process can be responsible for this process.

5. Steps/stages of changes

To effectively implement changes, several actors are recommended to take direct and indirect measures that will positively contribute to changes.

Recommendations to political parties:

• Among the programs of political parties, gender issues are unpopular. They are often reduced to solving social issues. Therefore, it would be worthwhile to integrate the issues of gender equality and countering sexism into the programs of political parties.

• For gender quotas to work as effectively as possible, parties should change their attitude towards quotas and the women they recruit to their ranks: protect their female candidates during elections, entrust them with leadership positions, not just administrative ones, and help make the role of women in the community more visible.

• In general, political parties should more actively involve women in political party work during and between elections, including in decision-making and party policy formation.

Recommendations for local self-government bodies:  Women in politics face sexism, ageism, lookism, and discriminatory attitudes due to marital status and reproductive work. To counteract and fight against these phenomena, it is advisable to create "Equal Opportunities" deputy groups in local councils, which will help deputies unite to promote gender equality.

Recommendations for media:

• Support such hashtags related to combating gender-based violence as #NotthePriceofPolitics , #EverythingNotForHome, #16days, #stopviolence #don'tbesilent, #SpeakDon’tBeSilent, etc. (#НеЦінаПолітики, #ВсеНеДляДому, #16днів,   #стопнасильство, #немовчи, #ГоворитиНеМожнаМовчати)

• Involve women as experts in various materials (and not only of a social orientation) and interact with projects that promote women experts

• Produce more professional story materials (in particular, news) on issues of gender equality in the field of politics (without stereotypical images of female politicians as wives of politicians, etc.);

• Avoid sexism and other discriminatory visual and textual materials in media products.

6. Criteria for evaluating reform’s success/failure 

6.1 Education

Pre-primary education: Increase the share of children enrolled in pre-school education, especially in rural areas; increase parents' satisfaction with the conditions of children's stay in kindergarten; increase the wages of employees ofkindergartens , implement 100% provision of bomb shelter for kindergartens, increase the level of economic activity/employment of mothers of preschool children.

6.2 Security and Defense

The success criteria are:

• Reducing the number of cases of sexual harassment;

• Ensuring adequate guarantees of equal social protection for women and men who have children;

• The decrease in the number of appeals from the military with complaints and the effectiveness of responding to them from the relevant structure (body);

• Material provision of servicewomen meets their needs;

• Gender-sensitive approaches are applied to rights and duties, as well as responsibilities in the service (taking into account the interests of motherhood and fatherhood for both sexes).

6.3 Women's Access to Politics

The main criteria of the effectiveness of the gender quotas implementation will be seen after the elections when the share of women would equal the size of the quota — increasing the percentage of women in the transitional part of party lists by at least 40%. Increasing the share of women at the local level to at least 40% and in the Verkhovna Rada of Ukraine to at least 30%. In addition to overcoming vertical gender segregation, having women in governing bodies, committees, etc., is also important.

However, quantitative indicators alone cannot satisfy the need for monitoring. If gaps in the system are identified, it will be advisable to initiate its reformation to increase practice efficiency. The monitoring process can start with implementing the pilot project and continue forward.

2.5. RED LINES WHICH CANNOT BE CROSSED IN THE GENDER POLICY

An absolute red line would be a rollback to neo-traditionalism, spreading and supporting "moral panics" about the demographic crisis, the "extinction of the nation," etc. Support for initiatives to restrict women's rights, particularly reproductive rights (such as banning/criminalizing abortion, limiting access to emergency contraception, etc.).

Involvement in the formation of gender policy of organizations and initiatives that are part of the so-called anti-gender movement, which use the rhetoric of the struggle for "traditional values" against "homogaydictatorship" (and other ideas close to the "Russkiy mir”(Russian world) (руський мір)).

Limiting the influence of women on decision-making in the post-war reconstruction, reducing the share of women in government bodies (for example, due to legislative norms regarding the presence of military experience as a requirement for appointment to a position).

3. LGBT+ POLICY

3.1. STATE OF AFFAIRS IN THE LGBT+ POLICY AS OF EARLY 2023

Change in public attitudes

Ukrainians began to have better opinions regarding the LGBTQI+ community.

Thus, in 2022, the Kyiv International Institute of Sociology (KIIS) surveyed the attitude of Ukrainians toward representatives of the LGBTQI+ community. The human rights LGBTQI+ center "Nash svit" compared its results with the results of a similar survey.

Over six years in Ukraine, the number of people with a negative attitude towards LGBTQI+ has decreased by one and a half times. In 2016, 60.4% had a bad attitude towards LGBTQI+, and in 2022 - 38.2%. The number of those treating LGBTQI+ positively (from 3.3% to 12.8%) and those indifferent to them (from 30.7% to 44.8%) also increased significantly.

Young people aged 18-29 have the most tolerant attitude towards LGBTQI+. There was no significant difference by region of Ukraine on this issue. Among representatives of various professions, the military and police are noted to have the greatest tolerance for LGBTQI+. Students and pupils have the highest level of tolerance towards the LGBTQI+ community. The 55+ group has the most significant manifestation of intolerance.

Compared to 2016, the share of Ukrainians who support full equality for people of different sexual orientations doubled (from 33.4% to 63.7%). Those who believe that the rights of LGBTQI+ people should be limited have almost halved (from 45.2% to 25.9%). However, most Ukrainians still do not support the introduction of registered partnerships. Only 23.6% spoke in favor (in 2016 - 4.8%). 27.1% are indifferent to this issue, while 41.9% are against it.

At the same time, National Democratic Institute conducted a nationwide survey from January 4 to 16, 2023, which asked, among other things, whether respondents agreed with the statement that LGBT+ people should have the right to civil partnerships. This opinion was supported by 56% of respondents, and another 8% expressed their neutral position on this matter, categorically against - 16% of respondents.

3.2 VISION OF THE LGBT+ POLICY IN THE PERSPECTIVE OF 2030

By 2030, the attitude toward the LGBTQI+ community in Ukraine is predicted to continue to improve. The following factors will contribute to this:

3. Generational change: Young people with a higher tolerance towards the LGBTQI+ community will occupy more key positions in society, politics, and the economy.

4. Further promotion of equal rights and freedoms for the LGBTQI+ community: implementation of new legislation and reforms aimed at the equality of LGBTQI+ persons, promoting the improvement of society's attitude towards them.

5. Educational programs and campaigns: conducting information campaigns and including tolerance and equality in the educational process will contribute to forming a more positive attitude.

6. The return of a significant part of Ukrainians from countries where a positive or neutral attitude towards LGBTQI+ is a social norm (Germany, the Netherlands, Great Britain, etc.).

Regulatory and legal framework 

Changing the law: recognizing same-sex couples and effectively combating hate crimes.

Adoption and implementation of draft laws #9103 on civil partnerships and #5488 - on amendments to the Criminal Code of Ukraine on combating discrimination.

Adopting the draft law on registered partnerships will help LGBT+ couples get equal rights and protection, and embracing the draft law on combating hate crimes will protect against discrimination. Also, the adoption of such projects is an obligation within the framework of European integration processes: the Ukrainian government undertook to develop a draft law on the legalization of registered civil partnerships for heterosexual and same-sex couples, as well as a draft law on combating manifestations of discrimination, by the second quarter of 2017. The adoption of draft laws is currently provided for in the human rights strategy approved on March 24, 2021. To implement the strategy, the Government approved the Action Plan for 2021-2023, which established the commitment to introduce the institute of registered civil partnership by December 2023.

The issue of registered (or sometimes called "civil") partnerships in Ukraine concerns both same-sex and heterosexual couples. Moreover, introducing registered partnerships only for same-sex couples deepens segregation in society. Given that the institution of marriage in society is strongly associated with religion, the registered partnership is an alternative for those heterosexual couples who do not practice religion or do not wish to marry for any other reason. Russia's full-scale invasion of Ukraine also brought the issue of registered partnerships into the spotlight. It is an urgent need, considering the constant threat to people's lives and health due to hostilities. First of all, it is necessary to protect the rights of military personnel: in cases of injury, disappearance, or death, their families do not have sufficient legal protection from the state.

The neutral institute of registered partnerships in Ukraine will regulate the state's relationship with civil partners as a part of society and establish their rights and obligations. Along with this, there is no need to make any changes to the regulation of marriage relationships, which at this stage may be sensitive for practitioners of particular religious beliefs.

A separate, more long-term issue is fixing the right of same-sex couples to adopt. This right will become the next advocacy goal of the LGBT+ community in Ukraine after adopting the draft law on registered civil partnerships or a similar draft law.

Draft Law No. 5488, if passed, will improve Article 161 of the Criminal Code of Ukraine and establish criminal liability for "public calls for violence on the basis of intolerance, as well as other intentional actions aimed at inciting enmity and hatred on the basis of intolerance", and also provides for the emergence of aggravating circumstances for the administrative offense of committing a crime on the grounds of intolerance.

The draft law expands the authority of the human rights representative or the representative of the Verkhovna Rada of Ukraine to prevent and counter discrimination, granting the right to draw up protocols on administrative offenses.

Conclusions and recommendations:

Parliament should adopt draft laws on the institute of registered partnerships (No. 9103 or similar), as well as improve Article 161 of the Criminal Code of Ukraine and provisions of the Code of Criminal Procedure on discrimination and hate speech (project No. 5488) dated 05/13/2021, or the Verkhovna Rada of Ukraine should adopt an alternative.

2. Institutional changes

2.1 Reintegration of LGBT+ veterans

Since Ukraine will be a country with a large number of veterans - according to the forecasts of the Ministry of Veterans Affairs of Ukraine- up to 10% of Ukraine's population will be tangential to veteran services after the end of the Russian-Ukrainian war. A certain share among them (5-10%, or from 0.5% to 1% of the entire population) will be LGBTQ+ persons. Ensuring reintegration and support for this population will be an essential task. Social programs and services for veterans must be available without discrimination and be friendly to their various categories, including LGBT+ veterans.

The search for a "one-size-fits-all approach" to all groups of veterans will be the wrong way because, as a result of such an approach, representatives of not only the LGBT+ community but also other vulnerable groups (for example, female veterans) may lose confidence in public services and be left alone with their problems.

The reintegration of LGBT+ veterans into society requires a comprehensive approach, which includes providing medical, social, educational, and psychological support, strengthening the legal framework, ensuring a gender-equal approach, combating stigma and discrimination, cooperation with international organizations, as well as monitoring and evaluation of programs and services for LGBT+ veterans.

It is worth noting that the veteran community is mainly ready to include LGBT+ in its advocacy goals and information campaigns. Society respects veterans and feels gratitude and pride for them. Along with this, society maintains several stereotypes about military personnel, so the topic of discrimination against various social groups in the Armed Forces remains on the agenda. Thus, the possibility of a representative of the national minority and LGBT+ heading the Ukrainian unit raises doubts among ordinary respondents. This is even though society, in general, is convinced that representatives of ethnic minorities are not discriminated against during their service.

State authorities should:

1. Provide access to medical care and psychological support, and friendly services for veterans, taking into account the needs of representatives of the LGBT+ community. This may involve establishing appropriate medical centers or adapting existing facilities to provide specialized services for LGBT+ veterans.

2. Ensure the welfare needs of LGBT+ veterans, such as housing, financial assistance, and other benefits, are provided to veterans without any discrimination.

3. Create education and professional training opportunities for LGBT+ veterans, which will help them ensure stable employment and social adaptation.

Сivil society organizations and support networks: to involve LGBT+ veterans in civil society organizations' activities and create support networks that can help in reintegration and adaptation to a peaceful life.

Verkhovna Rada of Ukraine and relevant ministries should:

Strengthen the legal framework: develop and implement legislation that will ensure equal rights and protection for LGBT+ veterans from discrimination and violence and facilitate their reintegration into society.

1. Ensuring a gender-equitable approach: Taking into account the needs of female veterans, particularly LGBT+ women, in the process of reintegration to provide specialized services and support, as well as create opportunities for the development of leadership qualities and active participation in public life.

2. Combating stigmatization and discrimination: developing and conducting information campaigns to raise public awareness of the issues and challenges faced by LGBT+ veterans and promote the creation of a tolerant and inclusive society.

3. Cooperation with international organizations: establishment of partnerships with international organizations and foundations working in human rights, protection of the rights of the LGBT+ community, and reintegration of veterans to exchange experience and receive financial and technical support.

4. Monitoring and evaluation: implementation of a continuous system for monitoring and evaluating the effectiveness of programs and services aimed at reintegrating LGBT+ veterans and ensuring compliance with the needs of this population group.

2.2 Education

The Law of Ukraine, "On Education," guarantees equal opportunities for access to education and prohibits restrictions on the right to education. At the same time, the list of grounds, regardless of which the right to education is guaranteed, does not include such characteristics as sexual orientation and gender identity (SOGI). However, it directly mentions other protected factors (age, sex, race, state of health, etc.).

The education system still lacks an effective mechanism for preventing and countering bullying. The majority of LGBT+ students (88.5%) faced verbal harassment at school (insults or threats).

Since 2017, with the new Law "On Education" adoption, inclusive education has been introduced in Ukraine. However, by definition, inclusive education does not include a SOGI component. The concept of inclusive education should be expanded so that it has various vulnerable groups, including LGBT+. Professional training of school teachers should include the topic of working with LGBT+.

The definition, typical signs, and the procedure for responding to cases of bullying, as well as the responsibility of the persons involved in it, have been defined by the legislation of Ukraine only since January 19, 2019, as a result of the entry into force of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Combating Bullying (Harassment)". In February 2019 the Ukrainian court passed the first decision in the bullying case (however, this case is not related to bullying based on sexual orientation and gender identity).

Recommendations:

1. The Ministry of Education of Ukraine should implement a non-discrimination policy that will consider the needs and rights of LGBT+ teenagers in schools and other educational institutions.

2. Provide professional training to teachers and other team members of educational institutions on issues of LGBT+ rights and problems.

3. Create a safe and supportive environment for LGBT+ teenagers in educational institutions.

4. Provide access to information about LGBT+ rights and issues through courses, seminars, and other educational events.

5. Support cooperation with civil society organizations that protect the rights of LGBT+ people and promote inclusiveness in society.

2.3 Healthcare

The 10th revision of the International Classification of Diseases (ICD) is in force in Ukraine. It includes such diagnoses as "transsexualism" and "other gender identity disorders" (F64.0 and F64.8), which belong to the section on mental diseases. Currently, they mean the complete unfitness of a person for military service if they are "severely expressed, with a tendency to repeated long-term decompensation or pathological reactions" or unfitness in peacetime and limited fitness in wartime, and if they are "moderately expressed with unstable compensation or compensated". In addition, these diagnoses limit the possibilities of adopting a child under the condition of "sustainable compensation (over five years)". It should be noted that there are no clear criteria for "compensation" and "decompensation", so members make actual decisions of medical commissions based on their subjective considerations.

At the same time, in the 11th ICD, diagnoses related to transgenderism were excluded from the section on mental illnesses. ICD-11 uses the concept of "gender discrepancy" (gender incongruence) to describe people whose gender identity differs from the sex assigned at birth. There, this diagnosis is in the section on sexual health.

Accordingly, one of the advocacy goals for the transgender community in Ukraine is the advocacy of the transition to the 11th International Convention.

The Ministry of Health of Ukraine should develop a new clinical protocol for providing medical assistance in the process of transgender transition. Such a protocol should simplify this process, in particular by excluding from it the mandatory psychiatric observation and the related process of changing the gender marker in the documents. In parallel, new regulatory documents of the Ministry of Health should be developed to remove discriminatory practices, such as restrictions on adoption and the right to serve in the Armed Forces of Ukraine.

Recommendations:

1. The Ministry of Health of Ukraine should start adapting ICD-11 and develop and adopt a new clinical protocol for transgender people.

2.4 Political Participation of LGBT+

Before the beginning of the full-scale invasion of the Russian Federation in Ukraine, there were more than 35 million voters. According to various estimates, 1,750,000 of them may belong to the LGBT+ community because from 2% to 10% of the population of any country count themselves in this social group; the world science most often operates with a figure of 5%.

According to research, only 5% of people in Ukraine are personally acquainted with a gay or lesbian, and another 5% do not rule it out. Studies show that the number of supporters of LGBT+ rights among young people and people with a higher level of education is slowly but steadily growing. Evidence of this is the constant increase in the number of participants of the Equality Marches in Kyiv — from 80 people in 2013 to almost 5 thousand in 2018, i.e., 62 times in 5 years.

Despite several political projects, the niche of "liberal" and "ultraliberal" politicians remains almost free. Right-liberal and even conservative politicians and parties ̈ can also count on the support of significant ̈ parts of LGBT+ people ̆.

In the developed societies of Western Europe, calls to limit the rights of LGBT+ have long ceased to be a marker of belonging to the political "mainstream". Back in 2017, in Germany, the far-right Alternative for Germany party and the center-right CDU/CSU party supported the preservation of the institution of civil partnerships for same-sex couples, while other parties — the SPD, the Left, the Greens, and the Free Democratic Party — advocated for the introduction of the same-sex marriages. However, in the summer of 2017, Angela Merkel softened her position, allowing party members to vote at their discretion and not according to the "party line". This allowed 75 "liberal" members of the CDU/CSU to support adopting the relevant law. It is interesting that back in 1998, the group "Lesben und Schwule in der Union" (Lesbians and Gays in the Union) was created, and it was designed to defend LGBT+ rights.

Recommendations for political parties:

1. Identify in each of the parties one or more persons responsible for interaction with the LGBT+ community and will be experts on relevant issues. Notify all party members and workers of party structures that they can turn to designated experts if they plan to make statements on this topic or need advice on working with this target group. This will help maintain consistency and avoid misunderstandings.

2. To attract open representatives of human rights and LGBT+ organizations, as well as representatives of other social groups, to work on the ground, systematically invite representatives of LGBTI+ to party meetings, discussions, events, and hearings.

3. Perceive LGBT+ activists as potential candidates in local and national elections;

4. Create intra-party groups for LGBT+ and their allies. Carry out educational and informational work among party supporters and members, such as presentations, discussions, and film viewings (such as the British film "Pride", 2014). Demonstrate solidarity by attending events of the LGBT+ community. Social networks: one can post appropriate publications with LGBT+ symbols on appropriate days. It will work better if, alongside the symbols on the images, there is party leadership, recognizable party members, or even the whole team.

3. Funding 

Funding of activities for the realization of the rights of the LGBT+ community should be carried out, first of all, at the expense of the State Budget of Ukraine, which will testify to the state's awareness of the importance of its obligations. At the same time, implementing most of the recommendations does not require significant funding because it concerns improving regulatory and legal regulation.

Local self-government bodies must consider the interests of the LGBT+ community and ensure that projects are implemented without discrimination on any grounds, including SOGI.

Individual projects can be financed at the expense of other sources, particularly public and international organizations, and international technical assistance projects.

Success criteria:

• Ukraine has adopted relevant legislative acts, particularly on registered civil partnerships and combating hate crimes against LGBT+ people.

• Number of officially registered civil partnerships;

• Number of effectively investigated reports on hate crimes;

• Level of meeting the needs of LGBT+ veterans, in particular in the social sphere;

• Level of representation of the LGBT+ community in politics at all levels - from local self-government to parliament.