Problems of legal regulation on gender-based violence in Ukraine and foreign countries

T. S.  Kyrychenko

doi:10.32631/pb.2023.2.07

T. S. Kyrychenko Kharkiv National University of Internal Affairs https://orcid.org/0000-0002-8785-0475

DOI: https://doi.org/10.32631/pb.2023.2.07

Keywords: gender-based violence, European standards, national legislation, combating and preventing domestic violence.

Abstract

The purpose of the article is to analyse gender-based violence and to study the legal mechanisms for overcoming it in Ukraine. On the basis of scientific findings and proposals, it has been suggested that a new perspective on this issue be taken. The basic concepts of gender-based violence, its forms, and European standards that are effective in preventing and combating violence have been studied. The expediency of forming a scientifically based system of prevention, regulation and overcoming of domestic violence has been emphasised. The legislation of different countries has been analysed, the peculiarities of gender-based violence and the factors that influence its occurrence in the family have been identified. The author’s own definition for the term “gender-based violence” has been presented.

Both general scientific and special methods of cognition were used in the course of the study. The logical method was used to formulate legal concepts and classify types of violence. The historical method was used to study the historical aspects and chronology of the emergence and development of gender-based violence. The use of the dialectical method has made it possible to determine the legal nature and essence of gender-based violence. The synergistic method has allowed to characterise the legal nature of gender-based violence. The axiological method was used to determine the role of the principle of gender equality in the development of Ukrainian legislation and its implementation into European legislation. The dogmatic method was used to interpret legal acts in terms of their compliance with modern European standards.

Based on the analysis of regulatory acts and legal literature, the author proposes a definition of gender-based violence as an activity or behaviour aimed at maintaining the advantage of one party over another, depending on gender status. It can be physical violence, mental violence, sexual violence, economic violence, stereotypical behaviour.

Downloads

Download data is not yet available.

Author Biography

T. S. Kyrychenko, Kharkiv National University of Internal Affairs

Candidate of Law, Associate Professor.
Department of Civil Rights and Procedure.

References

Anishchuk, N. V. (2008). Legal means of eradicating gender-based violence in Ukraine: historical and theoretical analysis [Doctoral thesis, Odesa National Law Academy].

Blaha, A. B. (2014). Domestic violence (criminological analysis and prevention). FOP Makarenko.

Dmytrashchuk, O. S. (2021). Prevention of domestic violence by units of the National Police of Ukraine [Candidate thesis, Dnipropetrovsk State University of Internal Affairs].

Gumennikova, T. R., & Metill, A. S. (2018). Characteristics of domestic violence: responsibility and consequences. Scientific Herald of International Humanitarian University, 35(2), 12-14. https://doi.org/10.32841/2307-1745.2018.35.2.3.

Halai, A. O., Halai, V. O., Holovko, L. O. et al. (2014). International experience of preventing and combating domestic violence. KNT.

Horbova, V. O. (2015). Administrative and legal regulation of combating violence in the family [Candidate dissertation, Open International University of Human Development “Ukraine”].

Khrystova, H. (2011). Educational course “Court consideration of cases related to family violence”. VAITE.

Kochemyrovska, O. O. (2020). Combating domestic and gender-based violence and the well-being of communities. FOP Klymenko.

Kolomoiets, O. D. (2010). Administrative and legal regulation of responsibility for committing domestic violence, failure to comply with a protective order or failure to complete a correctional program [Candidate thesis, Classical Private University].

Lysiuk, Yu. V. (2007). Combating violence in the family. Odesa Law Institute of Kharkiv National University of Internal Affairs.

Medvedska, V. (2022). Correlation of scientific approaches to the definition of family violence. Internauka. Series: Juridical Sciences, 2, 30-38. https://doi.org/10.25313/2520-2308-2022-2-7901.

Medvedska, V. V. (2021). Historical and legal aspect of the preconditions foe the emergence of domestic violence against women. Internauka, 1. https://doi.org/10.25313/2520-2308-2021-1-6841.

Medvedska, V. V. (2022a, May 26-28). Sources of international legal regulation of protection of women's rights against domestic violence [Conference presentation abstract]. International Scientific and Practical Conference “Scientific community: interdisciplinary studies”, Hamburg, Germany.

Medvedska, V. V. (2022b). Legal basis of protection of women from domestic violence [Candidate dissertation, National University of Life and Environmental Sciences of Ukraine].

Perunova, O. S. (2019, December 10). Gender-based violence as one of the key violations of human rights [Conference presentation abstract]. Collection of theses of the round table dedicated to the 71st anniversary of the adoption of the Universal Declaration of Human Rights, Kyiv, Ukraine.