Two men in a Kyiv court proved they have a marital relationship with each other
Kyiv • UNN
The Desnianskyi District Court of Kyiv established the fact of cohabitation as one family for two men, one of whom is a diplomat in Israel. This decision will allow him to obtain permission to reunite with his partner abroad.
The Desnianskyi District Court of Kyiv established the fact of cohabitation as one family between two men, citizens of Ukraine. One of them is abroad on a business trip and is trying to obtain permission to reunite with his partner. UNN reports this with reference to the court's ruling.
Details
The men have been living together as one family, as partners, since 2013. In 2021, the men married in the USA and have a marriage certificate issued by the Utah County Clerk.
One of the men has been on diplomatic service abroad on a business trip to Israel since 2024. He is the First Secretary of the Embassy of Ukraine in Israel.
In the same year, the diplomat appealed to the State Secretary of the Ministry of Foreign Affairs of Ukraine, asking to send him on a long-term business trip with his partner.
Despite the fact that the court's ruling does not specify surnames and names, according to the facts presented, it refers to diplomat Zoryan Kis, who is openly gay and has a long-term partner, Timur Levchuk.
Diplomat Kis received a response stating that the Ministry of Foreign Affairs cannot recognize and implement same-sex marriage in the sphere of public-legal relations, as it contradicts the concept of marriage currently enshrined in domestic legislation.
As a result, the men decided to apply to the court for recognition of the fact of marital relations between them.
Witnesses were questioned in court, who stated that the men had been living together for a long time, sharing a household, buying things and food together, and had purchased a car.
The case materials also contain evidence submitted by the applicant to confirm the fact of cohabitation: photographs from their wedding ceremony, articles printed from the "Ukrainska Pravda" website covering their wedding, tickets for various flights and an insurance certificate for a travel voucher in their names, screenshots from medical documents where they refer to each other as civil husband and wife.
The court noted that although the Family Code of Ukraine indeed defines marriage as "a family union of a woman and a man, registered with a state civil registration authority," there are nuances.
The Court agrees that the protection of the family in the traditional sense is, in principle, a weighty and legitimate ground that can justify different treatment based on sexual orientation. However, this goal is quite abstract, and a wide range of specific measures can be used to achieve it. In addition, the concept of family inevitably evolves, as indicated by the changes it has undergone since the adoption of the Convention (see the aforementioned judgment in the case of "Fedotova and Others v. Russia", paragraphs 207 and 208). The Court has already established that there are no grounds to believe that providing legal recognition and protection to same-sex couples in stable and committed relationships can, by itself, harm families created in the traditional way, or jeopardize their future or integrity. In fact, the recognition of same-sex couples in no way prevents heterosexual couples from marrying or forming a family in accordance with their understanding of this concept. More broadly, ensuring the rights of same-sex couples does not, by itself, mean weakening the rights of other individuals or other couples (see the aforementioned judgment in the case of "Fedotova and Others v. Russia").
The Court concluded that the difference in treatment in this case, which consisted of an unjustified refusal to grant applicants, as a same-sex couple, any form of legal recognition and protection compared to heterosexual couples, constitutes discrimination against the applicants on the grounds of their sexual orientation. Therefore, Article 14 of the Convention in conjunction with Article 8 of the Convention was violated (para. 81).
Thus, the court noted that the legal position of the ECHR indicates that de facto marital relations between persons of the same sex can be recognized if there is evidence of cohabitation, shared household, and mutual obligations and rights. This allows persons of the same sex to receive legal protection for their family relations.
The Desnianskyi District Court of Kyiv noted that, given the above and the fact that family and family relations belong to the most important areas of legal regulation. Resolving the issue of whether a person belongs to a family, establishing the fact of the existence of a family can significantly affect the scope of rights and obligations of legal entities. And that is why the court concluded that the applicant's claims are substantiated, confirmed by proper evidence, and subject to satisfaction.
To establish the fact of cohabitation as one family (de facto marital relations) between (Levchuk and Kis – ed.) since 2013, at the address of residence: Kis – ed.)
Situation with civil partnership in Ukraine
In August 2024, the Verkhovna Rada Committee on National Health, Medical Care, and Medical Insurance supported bill No. 9103 on civil partnerships.
Olena Shuliak, Head of the Verkhovna Rada Committee on State Power Organization, Local Self-Government, Regional Development, and Urban Planning, reported that bill No. 5488, aimed at countering any intolerance and minimizing manifestations of aggression, particularly towards veterans and people with disabilities, has not been able to move in parliament for more than 3 years.
One of the reasons is that there are still people in the Verkhovna Rada who see certain threats in its adoption. To rectify the situation, proper advocacy is needed, as the current task is to pass the bill at least through the first reading.