Domestic Violence: European Experience and Analysis of the Changes Introduced in Ukraine

The article examines changes that have been made with the adoption of the Law on Preventing and Combating Domestic Violence, the practice of national courts regarding the application of Art. 126-1 of the Criminal Code of Ukraine, international treaties, also investigates the decision of the European Court of Human Rights in the context of this issue.

The impetus for the introduction of changes in domestic violence was the final choice by the Ukrainian society of the European vector of its development, which signifies a steady movement of the state towards international standards and the desire to fulfill its human rights obligations. Such universally recognized requirements include the prevention and combating of domestic violence and violence against women as an integral part of ensuring gender equality and empowering women and men.

The topic of domestic violence needs to be studied by the science of criminal law, as it is relatively new.

Domestic violence, which can take many forms, ranging from physical violence to psychological violence or verbal abuse, is a common concern of all Member States and does not always lie on the surface, as it often arises in the context of personal relationships or closed systems, moreover, not only women suffer from such violence.

The main problem of society is that some sections of Ukrainian society believe that family relationships are a family affair and even domestic violence is not a crime, but this position is false and dangerous.

The application to the person of any measure of physical, psychological influence, which was not unambiguously caused by his own conduct, is a degradation of his dignity and is, in principle, a violation of the right provided for in Article 3 of the Convention. Respect for human dignity forms part of the very essence of the Convention, along with human freedom.

It is important to emphasize that public authorities should respond promptly to allegations and complaints of domestic violence, as this leads to fatal consequences.

In the article, the authors concluded that the topic of domestic violence needs to be studied by the science of criminal law, as it is relatively new. Ukraine has chosen its European vector of development and has to fulfill its obligations by joining international agreements on combating violence.

Having analyzed the existing decisions on domestic violence cases, I would like to emphasize that national courts do not refer to the decisions of the European Court of Human Rights, which provides much material on domestic violence. As a consequence, the prevention and counteraction to domestic violence may not be fully implemented, so the protection of the rights and interests of the victims of such violence is diminished. In addition, the number of cases under consideration for this article is very small, due to the fact that, first, society ignores acts of domestic violence, considering them a family issue. And secondly, the state authorities do not respond to the complaints of victims and do not protect their interests.