Foreign Experience in Preventing and Combating Domestic Violence in the European Union Countries and Possibilities of Its Use in Ukraine
Abstract
A comprehensive analysis of the organisational and legal framework for preventing and combating domestic violence in the Republic of Poland, the Czech Republic, as well as in the Republics of Latvia and Lithuania is carried out. The legislative and administrative legal regulation of the activities of the authorised entities of these EU member states in the field of combating domestic violence is analysed.
The main powers of police bodies and units of Latvia, Lithuania, the Czech Republic and Poland in the general system of prevention and counteraction to domestic violence are identified: conducting awareness-raising activities, suppression of unlawful acts, assessment of the risks of domestic violence, issuance of restraining orders, and referral of victims to special assistance institutions. The key role of EU police authorities and units in the formation and implementation of the state policy in the field of preventing and combating domestic violence is emphasised.
It is proved that the legislation on criminal and administrative liability for domestic violence in the studied countries differs from the Ukrainian one, since it sometimes lacks provisions that directly establish liability for domestic violence.
It is stressed that the analysed EU countries have established an effective system of social, psychological and legal assistance to victims of domestic violence. In particular, this is reflected in the functioning of extensive networks of specialised crisis centres and counselling centres which help these persons to draw up a personal safety plan, make referrals to specialised professionals, and resolve the issue of providing “emergency housing” for temporary residence, especially for women with minor children.
The paper formulates a number of conceptual provisions for improving the legal and organisational framework for preventing and combating domestic violence in Ukraine, taking into account the best law enforcement practices of the analyzed countries, in particular: establishing administrative liability for refusal to undergo a correctional programme for offenders; increasing the period of administrative detention of a person who has committed domestic violence to 24 hours; establishing the obligation of the offender to pay (part of the payment) for undergoing a correctional programme at the level of by-laws.
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