Documentation of sexual harassment by the units of the National Police of Ukraine: practical and legal aspects

The article analyses the practical and legal aspects of documenting sexual harassment as an administrative offence under Article 1737 (Sexual Harassment) of the Code of Ukraine on Administrative Offences. The introduction of administrative liability for sexual harassment has become an important step in ensuring the protection of victims’ rights and fulfilling Ukraine’s international obligations to implement the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence, but the effectiveness of the implementation of the relevant provisions largely depends on the quality of documentation of such offences. The article examines the legal and organisational aspects of documenting the facts of sexual harassment, starting with the acceptance of a statement (report) by the bodies (units) of the National Police of Ukraine and ending with the drawing up of a protocol on an administrative offence. Particular attention is paid to the requirements for recording evidence, its relevance, reliability and admissibility. The article analyses the current case law on the admissibility and authenticity of evidence, in particular, the use of electronic evidence, such as screenshots of messages in messengers, audio recordings of conversations. The article emphasises the importance of adherence to the basic principles of accepting statements (reports) of sexual harassment - immediacy, confidentiality and impartiality - which contribute to an effective police response to such offences. The author suggests ways to improve the documentation process, in particular by developing methodological recommendations for police officers on the specifics of collecting evidence and processing materials on an administrative offence, as well as raising public awareness of the mechanisms of protection against such offences. The results of the study are aimed at improving the practice of documenting sexual harassment, ensuring effective law enforcement and the realisation of victims’ rights.