The Bill (Reg. No.1143) has been defined by The President of Ukraine as an urgent Bill requiring a speedy consideration by The Verkhovna Rada of Ukraine.
The Bill proposes to amend The Criminal Code of Ukraine by adding a new Clause 4421 ,' The Public Denial of The Famine in 1932/3 in Ukraine as being a Genocide of the Ukrainian People, and The Holocaust as being a Genocide of the Jewish people'. The Bill purports a penalty of 100 to 300 times the untaxed minimum income level, or a custodial sentence for up to two years, for the public denial of The 1932/3 Famine (Holodomor) in Ukraine as being a Genocide of the Ukrainian people, and The Holocaust as being a Genocide of the Jewish people, and for the making and dissemination of materials containing the said denial. The same actions committed either by Officials, or repeatedly, shall be punished by a custodial sentence for up to four years.
Amendments to Clause 112 of The Procedural Criminal Code of Ukraine establish that a prejudicial inquiry, in the cases of offences listed in Clause 4421 of The Criminal Code of Ukraine, is incumbent on the inquiry bodies of The Security Service of Ukraine.
The President of Ukraine feels that the passing of the Law of Ukraine, 'On Amendments to The Criminal and Procedural Criminal Codes of Ukraine (appertaining to The Liability for Public Denial of The 1932/3 Famine (Holodomor) in Ukraine)´, all the more so on the eve of the 75th Anniversary of The 1932/3 Famine in Ukraine, will be conducive to the establishment of an intolerance within society to any manifestations of violence, prevention of the destruction of the social foundations of the Ukrainian People, its ancient traditions. spiritual culture and ethnic identity, protection of its reputation and the rights of victims of The 1932/3 Famine in Ukraine and The Holocaust, together with an improvement in Ukraine's image on the International stage, and recognition of The 1932/3 Famine as a Genocide of the Ukrainian people.
During deliberations, Committee Members raised several objections to the Bill. People's Deputies of The Party of Regions Faction noted the absence in world judicial practice of any criminal liability for public statements by citizens. They also had doubts as to the extent of such liability, considering it 'rather strict'.
The People's Deputy, Volodymyr Moisyk, presenting this Bill at the Committee Meeting, stated that this Bill does not contradict The Constitution of Ukraine. He referred to Clause 34 of The Constitution of Ukraine, reading out that, 'The exercising of these Rights may be restricted by Law for the sake of National Security, and territorial integrity or Public Order, with the purpose of preventing disturbances or crimes'. This case, according to V. Moisyk, concerns the restriction of Rights for the sake of National Security.
V. Moisyk also referred to the Legislation of more than ten European countries envisaging criminal liability for the public denial of The Holocaust.
In the outcome of voting, Committee Members carried the decision to recommend that Parliament passes the Bill on Amendments to The Criminal and Procedural Criminal Code of Ukraine (appertaining to The Liability for Public Denial of The 1932/3 Famine (Holodomor) in Ukraine) at the First Reading.