There were 52,609 prisoners held in Ukraine in 2020 [1]. There is no relevant data on number of prisoners, who were incarcerated for drug law related offences. Drug consumption is an administrative offence. However, using illicit drugs in public places – such as at educational, sports and cultural events, as well as in other places of mass gathering of citizens – is a criminal offense punishable by restraint of liberty for up to 4 years or imprisonment for up to 3 years, according to Article 316 of the Criminal Code [2]. Penalties for possessing illicit drugs without intent to distribute are based on the quantity held. Possession of a ‘small quantity’ of illicit drugs falls under Article 44 of the Code of Ukraine on Administrative Offenses, punishable with a fine equivalent to 25 to 50 tax-free minimum incomes of citizens (€13-€27) or community service for a period of 20 to 60 hours, or an administrative arrest of up to 15 days. Possession of a ‘large quantity’ of illicit drugs is punishable with 2 to 5 years imprisonment; and for a ‘very large quantity’, the punishment is 5 to 8 years in prison [3]. HIV prevalence among prisoners was estimated to be 7.2% in 2019 [4] and antiretroviral therapy (ART) is available in prisons, as is opioid substitution therapy (OST); however, needle/syringe programmes (NSP) is not present in any Ukrainian prisons [5].

In 2018, it cost the Government of Ukraine €1,134 to support one prisoner, per year, or €3.11 per day [6].

There are an estimated 317,000 people who inject drugs in Ukraine as of 2018 [7] with HIV prevalence estimated in 2020 at 20.9% [8]. NSP costs approximately €16.13 per client, per year [9] and OST at around €126.11 per client, per year [10]. Unemployment benefit is paid at the rate of about €193 per person, per year, if the individual has paid into the insurance scheme during the previous 12 months [11].

Therefore, it would cost the Government of Ukraine in the region of €335 to support one person who injects opioids in community settings each year, whereas the Government spends €1,134 to support that person in prison. Consequently, by fully decriminalising drug use and possession, the Government of Ukraine could save €799 per drug user, per year, and potential save up to €3.5 million in total each year.

[1]    World Prison Brief. Ukraine. London; Institute for Crime & Justice Policy Research, University of London. https://www.prisonstudies.org/country/Ukraine (accessed 4 August 2021).
[2]    Eurasian Harm Reduction Association (EHRA). Penalties for drug law offences in East Europe and Central Asia at a glance. Vilnius; EHRA, 2017. https://old.harmreductioneurasia.org/drug-laws/#Possession (accessed 7 August 2021).
[3]    Ibid.
[4]    Joint United Nations Programme on HIV and AIDS (UNAIDS). The Key Populations Atlas. Geneva; UNAIDS. https://kpatlas.unaids.org/dashboard (accessed 3 August 2021).
[5]    Harm Reduction International (HRI). Global State of Harm Reduction 2020, Regional Overview 2.2 Eurasia. London; HRI, 2021. https://www.hri.global/files/2020/10/26/Global_State_HRI_2020_2_2_Eurasia_FA_WEB.pdf (accessed 3 August 2021).
[6]    Korrespondent.net. It became known how much one prisoner costs in Ukraine. Kiev; Korrespondent.net, 6 November 2018. In Russian. https://korrespondent.net/ukraine/4029638-stalo-yzvestno-vo-skolko-ukrayne-obkhodytsia-odyn-zakluichennyi (accessed 11 August 2021).
[7]    Joint United Nations Programme on HIV and AIDS (UNAIDS). Global AIDS Response Progress Reporting: Ukraine, 2018; Geneva; UNAIDS, 2019. https://www.unaids.org/sites/default/files/country/documents/UKR_2019_countryreport.pdf (accessed 11 August 2021).
[8]    Joint United Nations Programme on HIV and AIDS (UNAIDS). The Key Populations Atlas. Geneva; UNAIDS. https://kpatlas.unaids.org/dashboard (accessed 3 August 2021).
[9]       Public Health Directorate. Margin Tariffs for the provision of HIV prevention services among high-risk groups for HIV infection. Kiev; Ministry of Health, 23 July 2019. In Ukrainian. https://zakon.rada.gov.ua/laws/show/z0906-19#n4 (accessed 11 August 2021).
[10]      Information submitted by national partners.
[11]      Uteka. Benefits for the unemployed 2021: maximum benefit accruals. Kiev; Uteka, 2 January 2021. In Russian. https://uteka.ua/publication/news-14-delovye-novosti-36-vyplaty-dlya-bezrabotnyx-2021-maksimalnye-nachisleniya-posobiya (accessed 11 August 2021).