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Contracting Parties Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems Ukraine

Dates Signature: April 8, 2005 Ratification: December 21, 2006 Entry into force: April 1, 2007

Declarations, Reservations

Declaration dated 12 October 2015:
The Ministry of Foreign Affairs of Ukraine presents its compliments to the Secretary General of the Council of Europe, as the Depositary of the European Convention on Information on Foreign Law of 7 June 1968, the Additional Protocol to the European Convention on Information on Foreign Law of 15 March 1978, the European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 30 November 1964, the Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol to the Convention on the Transfer of Sentenced Persons of 18 December 1997, the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972, the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 17 March 1978, the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001, the European Convention on Extradition of 13 December 1957, the Additional Protocol to the European Convention on Extradition of 15 October 1975, the Second Additional Protocol to the European Convention on Extradition of 17 March 1978, the European Convention on the Suppression of Terrorism of 27 January 1977, the Protocol amending the European Convention on the Suppression of Terrorism of 15 May 2003, the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005, the European Convention on the International Validity of Criminal Judgments of 28 May 1970, the Convention on Cybercrime of 23 November 2001, the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems of 28 January 2003, the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings of 16 May 2005, the European Convention on the Exercise of Children's Rights of 25 January 1996, the Convention on Contact concerning Children of 15 May 2003, the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, the Convention on the Establishment of a Scheme of Registration of Wills of 16 May 1972, the Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 31 January 1995, the Criminal Law Convention on Corruption of 27 January 1999, the Additional Protocol to the Criminal Law Convention on Corruption of 15 May 2003 (hereinafter referred to as the «Conventions, Protocols, Agreement» respectively), and has the honour to inform of the following.

Declaration dated 12 October 2015: (continued)
In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

Declaration made upon ratification:
"In accordance with Article 6, paragraph 2, subparagraph a, of the Additional Protocol to the Convention on Cybercrime, Ukraine declares that it shall require that denial or gross minimization referred to in paragraph 1 of that Article is committed with the intention to provoke hatred, discrimination or violence against any person or group of persons based on signs of race, colour, national or ethnic origin as well as faith if [they are] used as a reason for any of those actions."

Declaration dated 18 April 2022: The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour to convey hereby, on behalf of the Government of Ukraine, the list of international treaties concerning international cooperation within the Council of Europe, signed/ratified by Ukraine, as well as to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine. - European Convention on Information on Foreign Law (ETS No. 62) - Additional Protocol to the European Convention on Information on Foreign Law (ETS No. 97) - Convention on the Transfer of Sentenced Persons (ETS No. 112) - Additional Protocol to the Convention on the Transfer of Sentenced Persons (ETS No. 167) - European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73) - European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders (ETS No. 51) - Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141) - European Convention on Extradition (ETS No. 24) - Additional Protocol to the European Convention on Extradition (ETS No. 86) - Second Additional Protocol to the European Convention on Extradition (ETS No. 98) - Third Additional Protocol to the European Convention on Extradition (CETS No. 209) - Fourth Additional Protocol to the European Convention on Extradition (CETS No. 212) - European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) - Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 99) - Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 182) - European Convention on the Suppression of Terrorism (ETS No. 90) - European Convention on the International Validity of Criminal Judgments (ETS No. 70) - Convention on Cybercrime (ETS No. 185) - Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189) - Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) - Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (entry in force 01.07.2017) (CETS No. 217) - Council of Europe Convention against Trafficking in Human Beings (CETS No. 197) - Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198) - European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82) - European Convention on the Exercise of Children's Rights (ETS No. 160)

Declaration dated 18 April 2022: (continued) - Convention on Contact concerning Children (ETS No. 192) - Convention on the Establishment of a Scheme of Registration of Wills (ETS No. 77) - European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (ETS No. 105) - European Convention on the Legal Status of Children born out of Wedlock (ETS No. 85) - Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (ETS No. 156) - Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201) - European Convention on the Adoption of Children (Revised) (CETS No. 202) - Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (CETS No. 211) - Criminal Law Convention on Corruption (ETS No. 173) - Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191) - Civil Law Convention on Corruption (ETS No. 174) - European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92).