Legal Regulation of the Burden of Proof in Discrimination Cases in the Context of Directive 2004/113/EC
08 September 2026, 14:30
The Research Service of the Verkhovna Rada of Ukraine has prepared an informational reference on the Draft Law of Ukraine “On Amendments to Article 81 of the Civil Procedure Code of Ukraine Concerning the Implementation of the Provisions of Council Directive 2004/113/EC” (No. 15107 of 30 March 2026).
The informational reference examines the purpose, subject matter and scope of Directive 2004/113/EC, as well as the mechanism it establishes for the allocation of the burden of proof. In particular, it analyses the prima facie approach, under which, once facts are presented that give rise to a presumption of direct or indirect discrimination, the burden of proving that the principle of equal treatment has not been breached shifts to the defendant.
The document also examines how the amendments proposed in the draft law relate to the provisions of Directive 2004/113/EC, particularly with regard to its scope, the principle of equal treatment and the specific rules governing the burden of proof. It also highlights relevant case law of the Court of Justice of the European Union and the Supreme Court concerning the application of the prima facie approach.
The full text of the informational reference is available at:
