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"I understand that I have to count on myself, and I am ready to resist if any unusual situation happens," she explains. She says that the lack of legal protection for LGBT people makes her feel unsafe in Ukraine. Yana Kolisnichenko, a lesbian, did not really think much about standing up for her rights until her first Kyiv Pride last year. The police have developed their own protocols to classify any attack on LGBT people as simple hooliganism, thus sweeping the motivation and nature of anti-LGBT crimes under the rug. Another issue, according to Kravchuk, is that the police have developed their own protocols to classify any attack on LGBT people as simple hooliganism, thus sweeping the motivation and nature of anti-LGBT crimes under the rug.
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The Criminal Code of Ukraine currently does not consider intolerance, discrimination, or hatred based on SOGI (sexual orientation and gender identity) as an aggravating circumstance in the commission of crimes. The core of the problem lies in the incorrect classification of those crimes. As Kravchuk points out, the issue goes beyond just improper investigations of anti-LGBT crimes. This is no surprise, since crimes of hatred and discrimination have been notoriously poorly investigated for years. Although the victims usually suffer emotional and material harm, very rarely do they report incidents to the police. All this includes hate speech in various forms, expressions or crimes of hatred. Most such violations happen in big cities like Kyiv, Kharkiv, Odesa, since LGBT people are more open and visible there.
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During 2019, however, dozens of cases of blackmail and violations of privacy of LGBT representatives took place in different regions of Ukraine.
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According to its head Andriy Kravchuk, this number is three times lower than in the same period last year, partially as a result of the pandemic. Since the beginning of this year, the Nash Mir LGBT Human Rights Centre has registered 85 attacks and other violations of LGBT rights. Eventually, such perceptions end up blocking the vital steps to secure LGBT rights at the state level. As a result, appeals to so-called "traditional values" (meaning heterosexual, nuclear families) are repeated throughout public discourse, from the far-right to the parliament or ordinary citizens. While Ukraine is a secular state, churches of different denominations condemn LGBT marches and prompt others to do so. When it comes to LGBT rights, Ukraine's adherence to democratic values is very uneven.