(2018) 4/2 Visn. Nac. akad. prokur. Ukr. 7–19
doi
Title of the article	Directions of Implementation of the Istanbul Convention in the Legislation of Ukraine
Author(s)	HEORHII POPOV Doctor of Law, Director, Scientific and Research Institute, National Prosecution Academy of Ukraine, Kyiv, Ukraine, georgepopov3000@gmail.com IHOR PYLYPENKO PhD in Law, leading scientific officer, department of scientific and methodological support of prosecutor’s participation in criminal proceedings, Scientific and Research Institute, National Prosecution Academy of Ukraine, Kyiv, Ukraine, pervomay-49@ukr.net
Short title of the journal (ISSN)	Visn. Nac. akad. prokur. Ukr.
Year	2018
Issue	4/2
Pages	[7–19]
Language	Ukrainian
Abstract	The Council of Europe Convention on the Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention) was signed by Ukraine in 2011, but it has not been ratified yet. The implementation of the provisions of the Istanbul Convention is important for Ukraine for a number of reasons, primarily because of the social danger and the diversity of manifestations of such a phenomenon as domestic violence that violates human rights. In addition, there is no effective mechanism in Ukraine for protecting against domestic violence and gender discrimination. The purpose of the article is to identify promising areas that would contribute to the implementation of the Istanbul Convention and to ensure their effectiveness in Ukraine. Problematic issues of ratification of the Convention are primarily related to domestic legislation. In fulfillment of obligations on the criminalization of certain forms of behavior, on December 6, 2017, the Law of Ukraine “On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in order to implement the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and fight against these phenomena”, which established the possibility of applying restrictive measures against persons who committed domestic violence. We believe that the legislator’s discretion regarding the partial limitation of the conciliation agreements in this category of criminal proceedings is controversial. The prohibition of the use of such institutions should be complete, otherwise the interests of the victims could be harmed. In general, in this part of the law, Ukraine is in compliance with the provisions of the Convention. There is a need for improvement of the practical component of the ratification, in particular, it is necessary to adopt the corresponding subordinate legal acts. Practice is closely linked to the need to train professionals in the field of countering domestic violence, because when applying norms, one may also encounter certain problems. Given the definition of new forms of violence in the Convention, it is important to correctly understand their meaning. This is especially true of economic violence. Practitioners are mostly oriented towards domestic violence, although not all of them realize the difference between domestic violence as a generic concept and other forms of it. Therefore, one of the priorities of the state should be the introduction of special training courses for practical workers. Consequently, in the framework of promoting the ratification of the Istanbul Convention, Ukraine should harmonize national legislation in line with the provisions of the Convention, form a system of subordinate legal acts aimed at preventing and combating domestic violence, protecting persons who have suffered this phenomenon, as well as introduce special training for judges, prosecutors, staff of the National Police and lawyers on domestic violence.
Keywords	Istanbul Convention; domestic violence; ratification; training; legislation; prevention.
References	REFERENCES List of legal documents Legislation 1. Konventsiia Rady Yevropy pro zapobihannia nasylstvu stosovno zhinok i domashnomu nasylstvu ta borotbu z tsymy yavyshchamy ta poiasniuvalna dopovid [Convention of Council of Europe on Preventing and Combating Violence against Women and Domestic Violence and Explanatory Note] (Rada Yevropy [Council of Europe]) URL: accessed 10 December 2018 (in Ukrainian). 2. Pro ratyfikatsiiu Konventsii Rady Yevropy pro zapobihannia nasylstvu stosovno zhinok i domashnomu nasylstvu ta borotbu z tsymy yavyshchamy [On Ratification of the Convention of Council of Europe on Preventing and Combating Violence against Women and Domestic Violence]: proekt Zakonu Ukrainy [drat Law of Ukraine] vid 14 lystopada 2016 roku № 0119. URL: (accessed: 13.12.2018) (in Ukrainian). 3. Pro vnesennia zmin do Kryminalnoho ta Kryminalnoho protsesualnoho kodeksiv Ukrainy z metoiu realizatsii polozhen Konventsii Rady Yevropy pro zapobihannia nasylstvu stosovno zhinok i domashnomu nasylstvu ta borotbu z tsymy yavyshchamy [On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in Order to Implement the Provisions of the Convention of Council of Europe on Preventing and Combating Violence against Women and Domestic Violence and Fight against These Phenomena]: Zakon Ukrainy [Law of Ukraine] vid 6 hrudnia 2017 roku № 2227-VIII. URL: (accessed: 13.12.2018) (in Ukrainian). 4. Pro zapobihannia ta protydiiu domashnomu nasylstvu [On Prevention and Counteraction to Domestic Violence]: Zakon Ukrainy [Law of Ukraine] vid 7 hrudnia 2017 roku № 2229-VIII. URL: (accessed: 13.12.2018) (in Ukrainian). 5. Pro zatverdzhennia typovyh polozhen pro zaklady sotsialnoi pidtrymky simei, ditei ta molodi [On Approval of Model Provisions on Institutions of Social Support for Families, Children and Youth]: postanova Kabinetu Ministriv Ukrainy [resolution of Cabinet of Ministry of Ukraine] vid 4 zhovtnia 2017 roku № 741. URL: (accessed: 13.12.2018) (in Ukrainian). Bibliography Authored books 6. Yevsiukova M ta in. 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 of Domestic Violence in Ukraine: Problems of Compliance with International Standards and Ways of Improvement: scientific and practical manual] (Vaite 2011) 196 (in Ukrainian). Edited books 7. Konventsiia Rady Yevropy pro zapobihannia nasylstvu stosovno zhinok i domashnomu nasylstvu ta borotbu z tsymy yavyshchamy (Stambulska konventsiia): dovidnyk dlia chleniv parlamentu [Convention of Council of Europe on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention): directory for members of parliament] (2013) (Rada Yevropy [Council of Europe]) 101 URL: accessed 10 December 2018 (in Ukrainian). Websites 8. Hromadska orhanizatsiia “La Strada – Ukraina” [Public organization “La Strada – Ukraine”] URL: accessed 10 December 2018 (in Ukrainian).