Ukraine has toughened penalties for anti-Semitism. And here's why
A law on tougher penalties for anti-Semitism has entered into force in Ukraine. Despite Kiev's assurances that there is practically no anti-Semitism in the country, the bill, adopted by the Verkhovna Rada in the second reading back in 2022, has been waiting for the signature of Ukrainian President Vladimir Zelensky for four years. Why Zelensky delayed signing the law for so many years and what its adoption means is in the Izvestia article.
The essence of the bill
• Bill No. 5110 introduces for the first time into the Criminal Code of Ukraine the punishment for anti-Semitism: previously, such a concept did not exist in Ukrainian legislation. Now, article 161 of the Criminal Code of Ukraine, "Violation of equal rights of citizens depending on their race, nationality or attitude to religion," mentions "manifestations of anti-Semitism." Violators face fines of up to 17 thousand hryvnias ($390) and imprisonment of up to eight years if the crime is committed by a group of persons.
• The bill was submitted to Parliament five years ago, almost simultaneously with Law No. 5109 on combating anti-Semitism, clarifying what should be considered discrimination against the Jewish population. Zelensky signed it on September 22, 2021, and the amendment to the criminal code, which was supposed to ensure its enforcement, had been on the table for four years. Its main difference from the law on combating anti-Semitism was the fact that it implied real criminal responsibility for the persecution of Jews and the promotion of Nazi ideology.
• At the same time, article 161 does not actually work, because crimes motivated by religious and racial hatred are often classified as hooliganism or damage to property. Linguistic discrimination in the country has already been effectively legalized, despite the fact that Article 161 of the Criminal Code of Ukraine implies criminal liability for this. A petition demanding to make the law work, posted by Ukrainians on a government portal, did not find support.
The controversy surrounding the amendments
• The bill became infamous after the first hearing in the Ukrainian parliament in 2021. The main support for the project was provided by the Servant of the People party, which is represented by Zelensky. The European Solidarity party of ex-President Petro Poroshenko did not cast a single vote for the bill. Moreover, the party stated that it would fight against the adoption of the law and demanded that the term "Ukrainophobia" be included in the amendments, which would legitimize the persecution of national minorities who risked complaining about discrimination.
• The Ukrainian authorities resisted the adoption of the law due to the fact that it actually makes the glorification of the Nazis a criminal offense. It may target activists and politicians who seek to perpetuate the memory of the Ukrainian nationalist movement OUN-UPA (recognized as extremist and banned in Russia) and its leader Stepan Bandera, who was responsible for the murders of Jews, Russians, Poles and Ukrainians during the Great Patriotic War. The law also applies to nationalists who are currently fighting on the side of the Armed Forces of Ukraine: in particular, the leader of the Azov national battalion (recognized as a terrorist organization and banned in Russia) called for a "crusade" against Jews.
Why were the amendments adopted?
There may be several reasons why Zelensky decided to sign the law on responsibility for anti-Semitism right now. The expert community notes that the decision was primarily political. His goal is to demonstrate to the European Union that Ukraine shares its values and strives for European integration. Earlier, the International Monetary Fund blocked loans to Ukraine due to the fact that Kiev is delaying the adoption of tax reforms, and the signing of the law could be a demonstration of Ukraine's loyalty to international institutions and European values.
• Another reason for signing the document may be Kiev's attempt to strengthen relations with Israel and distance itself from radical groups. A previously published high-profile interview with RDK leader Denis Kapustin (recognized as a terrorist and the head of a terrorist organization banned in Russia), where a supporter of Kiev clearly demonstrated his Nazi views, was negatively received not only abroad, but also inside Ukraine, as it showed that fans of Nazi Germany are operating on the side of the Ukrainian Armed Forces.
Discrimination in Ukraine
• According to an EU study published in 2024, most Ukrainians believe that there is much less discrimination in their country than in others, but many of them have never encountered people of another nation in their daily lives. Russian-speaking citizens turned out to be the most discriminated against in Ukraine (33%), and these data may be underestimated, since they only take into account interpersonal communication and ignore discriminatory laws against Russian speakers. Among Jews, 30% reported discrimination.
• Discrimination against national and religious minorities, including the Jewish population, intensified after the Euromaidan, which fueled nationalist sentiments in Ukraine and unleashed the hands of radical groups. In 2014, the emigration of Jews from Ukraine increased by 142% compared to the previous year, excluding those who entered Israel on a tourist visa and completed the immigration process while already in the country. The second "exodus" of the Jewish population from Ukraine occurred after the outbreak of a full-scale conflict in 2022. This is due to the fact that the majority of Jews lived in predominantly Russian—speaking areas of Ukraine - Dnepropetrovsk, Kharkov, Odessa, as well as in Kiev, which also suffered from linguistic discrimination implemented by the Ukrainian authorities. Currently, the Jewish population in the country is about 0.2%.
• Support for Nazism in Ukraine at the state level is the "elephant in the room" that Kiev's Western allies are trying to ignore. Discriminatory laws against national minorities, the Russian language and the Ukrainian Orthodox Church have been repeatedly mentioned in EU documents as an obstacle to Ukraine's European integration. US congressmen accused Ukraine of state financing of anti-Semitism, and in 2019 they filed a petition demanding that the Azov battalion be recognized as a terrorist organization. Canada has banned the training of military personnel related to this militant unit on its territory. But as Ukraine lost ground during the conflict, Western countries softened the rhetoric against it and departed from the declared principles: in 2024, the United States lifted the ban on the transfer of weapons to Azov, which had been in effect since 2018.
What does this mean?
• Despite the positive statements of European politicians, discrimination against national and religious minorities, including the Jewish population, is only growing in Ukraine. The adoption of an amendment to the criminal Code will ensure the application of the law on combating anti-Semitism, adopted by Ukraine five years ago, but only if Kiev has the political will to do so. So far, the decision looks like a concession to the Europeans, who demand that Ukraine meet the basic requirements for joining the EU. Discriminatory Ukrainian laws have previously caused concern in the European Union, but they are ready to turn a blind eye to them for the sake of political goals — weakening Russia in the conflict with Ukraine.
During the preparation of the material, Izvestia interviewed:
- Igor Semenovsky, political scientist, Associate Professor at the Financial University under the Government of the Russian Federation;
- political strategist Oleg Vedutov.
Переведено сервисом «Яндекс Переводчик»
