Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Ukraine (Ratification: 2000)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. (i) Code on Administrative Offences. The Committee notes from the Government’s report that in 2022, 36 cases were considered under section 185-1 “Violation of the procedure for organizing and holding gatherings, rallies, street marches and demonstrations” of the Code on Administrative Offences, resulting in the imposition of eight administrative sanctions, including four warnings and four fines (none of them involving compulsory labour).

(ii) Penal Code. The Committee notes that sections 436-1 (Production and distribution of communist symbols and propaganda of communist totalitarian regimes) and 436-2 (Justification, recognition as legitimate, denial of the armed aggression of the Russian Federation against Ukraine) of the Penal Code provide for sanctions of correctional labour, probation supervision, restriction of freedom, or imprisonment, which may involve compulsory labour. The Committeerequests the Government to provide information on the application of sections 436-1 and 436-2 of the Penal Code in practice, particularly the number of prosecutions, convictions and types of penalties applied, as well as a description of the facts behind the convictions.

Article 1(c). Sanctions for violation of labour discipline. The Committee notes from the information provided by the Government that in 2022, out of 41 convicted persons under section 367 “Professional negligence” of the Penal Code, one was sentenced to imprisonment, one was sentenced to restriction of liberty, 10 were fined, and 24 were released from punishment. The Committee requests the Government to provide a brief description of the facts that led to any conviction involving sanctions of imprisonment under section 367 of the Penal Code.

Article 1(d). Sanctions for participation in strikes. The Committee notes that section 293 of the Penal Code, as amended in 2023, provides for the penalties of a fine or probation supervision for up to three years for the organization of or active participation in group actions that result in a gross violation of public order or significant disruption of the operation of transport, enterprises, institutions or organizations. According to section 59-1(3) of the Penal Code, the court may require a convicted person placed under probation supervision to register with the state employment service in order to find a job. According to the information provided by the Government in 2022, one person was punished with a fine under section 293 of the Penal Code. The Committee requests the Government to continue to provide information on the application of section 293 of the Penal Code in practice, indicating the number of prosecutions, convictions and types of penalties applied and whether any of the convictions handed down involved participation in strike action. The Committee also refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)