Activities of law enforcement agencies and the court in bringing offenders to administrative responsibility for domestic violence

Abstract

The scientific article examines the activities of law enforcement agencies, in particular the police and the court, in bringing offenders to administrative responsibility for domestic violence. The article discusses the concept of domestic violence, forms and manifestations of domestic violence. The provisions of the legislation providing for administrative responsibility have been studied. It is noted that administrative responsibility is provided for in Article 173-2 of the Code of Administrative Offenses.
 It was emphasized that according to the Criminal Code of Administrative Offenses, the police are obliged to draw up a protocol on an administrative offense provided for in Article 173-2 of the Criminal Code of Administrative Offenses. In addition, the employees of this law enforcement agency are obliged to collect evidence to confirm the story set out in the protocol. After that, the case materials are transferred to the court.
 Some problems of the implementation of administrative responsibility are disclosed, in particular, it is stated that the practical application of Article 173-2 is quite difficult. The problem is that the legislator does not quite clearly describe the objective side of this offense, and the acts of interpretation interpret the content of the said norm quite inconsistently.
 It was emphasized that there are certain problems in proof. It is noted that the resolutions under Art. 173-2 of the Code of Ukraine on Administrative Offenses demonstrate that the following are usually used in evidence: a protocol on an administrative offense, police reports, explanations of a person who is brought to administrative responsibility, explanations of a victim, a statement about the commission of domestic violence, an urgent restraining order, a form for assessing the risks of committing domestic violence, printouts of messages from "Viber" and "Telegram", video recordings.
 It is noted that the closure of the proceedings usually occurs due to insufficient evidence of guilt according to the set plot of the protocol, which usually results from the following reasons: unqualified police officers; court practice on domestic violence is not yet sufficiently developed; the circumstances of the offense usually occur TETA-TET; victims neglect their rights to gather evidence.
 It was emphasized that significant steps have already been taken at the legislative level to improve the situation in combating domestic violence. However, as practice shows, the procedure of proof in cases is imperfect. The urgent need to strengthen control over offenders by the police was emphasized.