(2018) 4/2 Visn. Nac. akad. prokur. Ukr. 45–57
doi
Title of the article Legal Framework of Prosecutor’s Office Activity on Preventing Domestic Violence
Author(s) OLEKSANDR SVIRIN
Honored Lawyer of Ukraine, chief research officer, department of scientific and methodological support of prosecutor’s activity outside the criminal justice sphere, Scientific and Research Institute, National Prosecution Academy of Ukraine, Kyiv, Ukraine, alexsvirin55@gmail.com
Short title
of the journal (ISSN)
Visn. Nac. akad. prokur. Ukr.
Year 2018
Issue 4/2
Pages [45–57]
Language Ukrainian
Abstract For a long time, family relations remained outside the sphere of legal regulation of the state, since any interference in these relations was regarded as a violation of the privacy of the private life.
Today, domestic violence is one of the most acute and most widespread problems in the world. It is present in all social groups, does not depend on the status of the person, his/her level of income and other factors. Cases of violence are becoming more and more common in both dysfunctional and quite decent families. Most often, women and children who are the least protected category from all suffer from this unlawful act.
The purpose of the article is to analyze the current legislation concerning the prevention of domestic violence, as well as to provide a list of normative legal acts regulating activities in this area, aimed at targeting the employees of the prosecutor’s offices on this issue.
Taking into consideration the set goals, a number of normative legal acts, which form the basis of the national legislation concerning combating and preventing crime, are considered. Some ECHR judgments, which courts apply as a source of law in case trials, are analyzed.
It is concluded that the prosecutor’s office should play a major role in the fight against domestic violence. To a certain extent, it can do so independently, but above all its efforts should be aimed at coordinating the activities of other law enforcement agencies in this area, overseeing their activity to increase the effectiveness of a response.
In addition, the problem of ensuring the completeness of the data on the victims, as well as the relationship between the of ender and the victim, and improving the procedure for collecting information about the victims, in particular regarding the submission of personal data, is to be solved. Thus, due to legislative changes and taking into account the possibilities of the functioning of the Unified Register of the Pre-Trial Investigation, there is an urgent need to systematize statistics on preventing and combating domestic violence and to arrange them in the form of a table.
Keywords family; child; domestic violence; the UN Convention on the Elimination of All Forms of Discrimination against Women; Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.
References REFERENCES
List of legal documents
Legislation
1. Konstytutsiia Ukrainy [The Constitution of Ukraine]: Zakon Ukrainy [Law of Ukraine] vid 28 chervnia 1996 roku № 254k/96-VR. URL: (accessed: 14.12.2018) (in Ukrainian).
2. Konventsiia OON pro likvidatsiiu vsikh form dyskryminatsii shchodo zhinok, pryiniata 18 hrudnia 1979 roku rezoliutsiieiu Heneralnoi Asamblei OON № 34/180 [Тhe United Nations Convention on the Elimination of All Forms of Discrimination against Women, adopted on December 18, 1979, by the UN General Assembly Resolution № 34/180]. URL: (accessed: 14.12.2018) (in Ukrainian).
3. Kryminalnyi kodeks Ukrainy [Тhe Criminal Code of Ukraine]: Zakon Ukrainy [Law of Ukraine] vid 5 kvitnia 2001 roku № 2341-III. URL: (accessed: 14.2.2018) (in Ukrainian).
4. Poiasniuvalna zapyska do proektu Zakonu Ukrainy “Pro zapobihannia ta protydiiu domashnomu nasylstvu” [Explanatory Note to the Drat Law of Ukraine “On Preventing and Combating Domestic Violence”]. URL: (accessed:17.12.2018) (in Ukrainian).
Bibliography
Authored books
5. Yevsiukova M, Sudovyi rozhliad sprav, poviazanykh z vchynenniam nasylstva v simi v Ukraini: problemy vidpovidnosti mizhnarodnym standartam ta shliakhy vdoskonalennia: nauk.-prakt. posib. [Judicial Consideration of Cases Related to Domestic Violence in Ukraine: Problems of Compliance with International Standards and Ways to Improve: scien.-pract. manual] (Vaite 2011) 196 (in Ukrainian).
Edited books
6. Uvarova O ta Yasynovska M (comp), Sudove vyrishennia sprav u sporakh, poviazanykh iz hendernoiu dyskryminatsiieiu. Zbirka krashchykh praktyk [Judicial Resolution of Disputes Related to Gender Discrimination. Collection of Best Practices] (FOP Brovin O.V. 2016) 192 (in Ukrainian).
Dissertations
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Journal articles
8. Yurkiv Ya, ‘Nasylstvo ditei u simi yak sotsialno-pedahohichna problema’ [‘Violence of Children in the Family as a Socio-Pedagogical Problem’] (2013) 28 Naukovyi visnyk Uzhhorodskoho natsionalnoho universytetu. Seriia “Pedahohika. Sotsialna robota” 185–8 (in Ukrainian).
Websites
9. ‘Istorychni aspekty stanovlennia problemy nasylstva v simi’ [‘Historical Aspects of the Emergence of the Problem of Domestic Violence’] URL: accessed 14 December 2018 (in Ukrainian).