Restrictive measures applied to persons perpetrators of domestic violence: national and foreign experience

Abstract

The article establishes that in modern conditions, punishment for criminal offenses related to domestic violence, as a traditional measure of a criminal law nature, cannot overcome all challenges in the field of protection of «healthy» family relations which, in turn, actualizes the possibility to apply and other measures of a criminal law nature. In this regard, in 2017 the Law of Ukraine «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence» was adopted, thus in criminal law Ukraine has an institute of restrictive measures.
 The article provides arguments in favor of attributing restrictive measures as measures of criminal law, not administrative law, and supports the position of the legislator on the legal regulation of their application in the Criminal Code of Ukraine.
 An attempt was made to determine the significance of the institution of restrictive measures, which, in the author's opinion, is to help prevent the commission of new criminal offenses against the victim of domestic violence; ensuring the educational impact on the offender by providing appropriate assistance within the implementation of the program for offenders or probation program, reducing the latency of relevant criminal offenses.
 An attempt has been made to study the institution of restrictive measures in some foreign countries, in particular: the USA, Australia, Belgium. The positive experience of which can be implemented by making appropriate changes to the legislation of Ukraine in terms of imposing restrictive measures on persons who commit domestic violence.
 It is proved that law enforcement practice, it can be said that the law enforcement practice of Ukraine and foreign countries clearly demonstrates that international law is developing through the recognition of state responsibility for domestic violence. Court decisions made in Ukraine and the European Court of Human Rights demonstrate that the practice in this category of cases is developing dynamically, and positive foreign experience needs to be implemented in domestic legislation and law enforcement practice. The vector of change should be aimed at the adoption of appropriate general measures by public authorities to counteract the underlying problem and prevent future ill-treatment by offenders.