In June 2025, the Desnyanskyy local district court in Kyiv (‘the Court’) decided to recognise the fact of cohabitation as one family (de facto marital relationship) between two Ukrainian men. It stated that same-sex couples have legally recognised rights as family members living together and have de facto marriage relations, despite the fact that same-sex marriages are banned in Ukraine, because Article 51 of the Ukrainian Constitution only allows marriage between a man and a woman.

The applicant stated that since 2013, he and his boyfriend had been living together as a family. After four years of living together, they held a social marriage ceremony, and then in May 2021, they were married (online) in the city of Provo, Utah County, Utah, United States of America. On June 10, 2024, his partner was appointed to the position at the Embassy of Ukraine in the State of Israel, and he was seconded to the State of Israel. Understanding that such a long-term assignment would cause long-term separation, the applicant decided to go with his partner. However, the Ministry of Foreign Affairs of Ukraine did not approve the assignment as Ukrainian law defines the concept of marriage as a family union between a woman and a man, so the applicant cannot be recognised as a family.

The Court relied on the decision of the Constitutional Court of Ukraine dated June 3, 1999, No. 5-rp/99, which established that family members include persons who permanently live together and run a joint household, and they can do not have to be close relatives, but can also be other persons who do not share direct family ties. The Court in the current case stated that it was indisputably proven that the applicant and his boyfriend had lived together in the same living space for a long time, ran a joint household, shared a common life, divided responsibilities and expenses for maintaining the home, and mutually took care of each other, and were thus family members.

Additionally, the Court drew upon several decisions by the European Court of Human Rights (‘ECtHR’) and their respective arguments. The Court cited the Schalk and Kopf v. Austria case, in which it was stated that although the Convention does not obligate states to permit same-sex marriages, they must ensure the adequate protection of the family life of such couples. The court also mentioned the ECtHR’s logic from M.A . v. Italy that refusal to recognise same-sex partnerships violates the applicant’s right to respect for his family life. Further, the Maymulakhin and Markiv v. Ukraine case was used, arguing that same-sex couples are just as capable as heterosexual couples of entering into stable and committed relationships, and have the same needs for mutual support and help. Therefore, the Court stated that de facto marital relations between persons of the same sex can be recognised if there is evidence of cohabitation, joint household management, and the presence of mutual obligations and rights. This allows persons of the same sex to receive legal protection for their family relations.

Considering the above and the fact that family relations are among the most important areas of legal regulation, resolving the issue of whether a person belongs to a family in law can significantly affect the rights and obligations of persons in such relations. Being legally recognised as family members, each partner in same-sex couples gains rights in various spheres of daily life, such as access to medical procedures or protocols that apply only to family members, or being recognized as a family member for work/travel purposes, as was the case in the analysed case.

It is a genuinely progressive case where the Ukrainian court analysed the arguments and case circumstances about the rights of same-sex couples, and concluded that the applicant’s claims are justified, supported by appropriate evidence, and subject to satisfaction.

Despite the Ukrainian constitution banning same-sex marriages, such a decision is another step towards the Ukrainian Judiciary and lawyers accepting same-sex relations. Being only a small spark in the Ukrainian dark sky of “old viewers”, it is a very important one that can flare up in the future and illuminate the way for same-sex legal relations in Ukraine.