Kiev, July 3, 2025
Photo: nydailynews.com
The Desnyansky District Court of Kiev established in June 2025 the fact of cohabitation as one family between two Ukrainian male citizens, recognizing the existence of actual marital relations between them.
One of the men has been serving in diplomatic service abroad in a long-term assignment since 2024 and sought court recognition of their relationship to obtain permission for family reunification with his partner, who currently remains in Ukraine, reports the Union of Orthodox Journalists with reference to the Ukrainian Judicial-Legal Gazette.
However, Ukraine’s Ministry of Foreign Affairs refused in 2024 to send the diplomatic worker’s civil partner on long-term assignment abroad as a family member, since domestic legislation recognizes marriage only as a family union between a woman and a man.
The men then decided to appeal to the court to recognize the fact of marital relations between them.
The couple informed the court that they have been living together as one family as civil partners since 2013. In 2017, they held a civil marriage ceremony, and in 2021 they entered into marriage in the United States, for which they have a corresponding American marriage certificate.
To establish the fact of cohabitation as one family, the court heard witnesses and examined photos from the men’s wedding ceremony and their joint life together.
The court noted that while Ukraine’s Family Code defines marriage as a union between a woman and a man, Article 21 of Ukraine's Constitution states that “All people are free and equal in their dignity and rights.” A 1999 Constitutional Court decision indicates that family members include persons who permanently live together and maintain a joint household, not only close relatives.
The European Court of Human Rights has noted that refusing to recognize same-sex relationships violates rights to respect for private and family life, citing cases including Maimulakhin and Markiv v. Ukraine (2023).
The court concluded that the men’s cohabitation as one family and actual marital relations were established. The decision can be appealed to the Kiev Court of Appeals.
“It should be noted that the Ministry of Foreign Affairs ignored the aforementioned legal process,” the Judicial-Legal Gazette writes.
KyivPride held its annual “Pride Month” events last year, including “Kyiv Pride Park” on the eve of the great feast of Pentecost. Earlier, an LGBT film festival opened in Kiev on Holy Friday and ran through Pascha and Bright Week.
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