Національне законодавство та міжнародні зобов’язання у сфері запобігання та протидії домашньому насильству

Abstract

The article analyzes national legislation in the field of prevention and countermeasures against domestic violence and gender-based violence. The recognition of the concept of "Child witness" at the legislative level has been updated, and the problems of law enforcement practice, when the court cannot, taking into account the circumstances of the case, assess the child specifically as a victim in situations where she only witnessed domestic violence. It was noted that the requirement of the Istanbul Convention to establish one or more official bodies responsible for the coordination, implementation, monitoring, and evaluation of policies and measures to prevent all forms of violence and to combat all forms of violence that fall under the scope of this Convention was embodied by placing to the Ministry of Social Policy of Ukraine for the formation and implementation of state policy in the field of prevention and countermeasures against domestic violence, coordination of the interaction of subjects involved in measures to eradicate the specified socially dangerous phenomenon. An analysis of the State Social Program for the Prevention and Counteraction of Domestic Violence and gender-based violence for the period until 2025 was carried out, and the main tasks and measures for the implementation of the specified Program were identified. It was concluded that the process of improving national legislation needs to be improved taking into account both national characteristics and international principles.