RESTRICTIVE MEASURES AND RESTRICTIVE ORDERS IN THE SYSTEM OF SPECIAL MEASURES FOR INDIVIDUAL PREVENTIVE PREVENTION OF DOMESTIC VIOLENCE

Abstract

The article examines the problems of applying restrictive measures and restrictive orders to persons who have committed domestic violence and criminal liability for their failure to comply. It is indicated that the absence of a wider list of types of punishments that can be applied to persons who have committed a criminal offense provided for in Art. 390-1 of the Criminal Code of Ukraine, as well as the presence of certain features for their imposition create additional grounds for applying to offenders either a milder punishment than provided for by law, or exemption from punishment (as a rule, with probation). Attention is drawn to the need to amend the sanction of Art. 126-1 of the Criminal Code of Ukraine in order to systematize the types of punishment that can be imposed for domestic violence and criminal offenses related to it. It is noted that the national criminal legislation does not clarify what should be considered a “crime related to domestic violence”. Similarly, there are no relevant interpretations in the Council of Europe Convention on preventing and combating violence against women and domestic violence and the relevant Law of Ukraine No. 2229-VIII of 07.12.2017 “On preventing and combating domestic violence”. It is argued that this leads to problems in law enforcement and is being considered by the Supreme Court. It is concluded that currently restrictive measures and restrictive orders as a measure of individual preventive prevention of domestic violence do not fully fulfill the function provided for in the Istanbul Convention. The main reason is linguistic and regulatory errors made during the construction of Art. 91-1 of the Criminal Code of Ukraine, ineffective types of punishment that can be imposed for committing a criminal offense provided for in Art. 390-1 of the Criminal Code of Ukraine, as well as the lack of a systematic approach to imposing punishment and release from it in judicial practice.