The right to protection from domestic violence

Abstract

The article is devoted to the study of the essence, content and features of the right to protection from domestic violence. It was stated that domestic violence is one of the biggest problems in the modern world, the level of which has increased in the context of anti-epidemic measures taken by states due to the coronavirus pandemic. The statistical data testifying to the aggravation of the problem of domestic violence in Ukraine are given. The normative bases for the formation of the right to protection from domestic violence and its inclusion in the catalog of human rights are analyzed. The characteristic of legal protection on protection of domestic violence as a subjective public law is given, on the basis of, firstly, in it along with interest of personal establishments and public interests, secondly, its realization within the limits of relations which are public-legal characteristics. The content of the person's interest (to receive protection from authorized entities in the form of measures aimed at restoring violated rights) and the public interest (the need to maintain public order and security), which are the basis of the investigated law. The subject (owner) of the right to protection from domestic violence is determined, its features are singled out, the peculiarities inherent in the child as a subject of such a right are highlighted. It is proved that the exercise of the right to protection from domestic violence is carried out both at the request of the person and without such, at the initiative of the authorized entity based on the results of risk assessment. The subjects endowed with the duty to take measures aimed at protecting a person from domestic violence are outlined, they are divided into types: prevention, support of victims, prosecution of perpetrators. Prevention or prevention involves taking measures to prevent domestic violence. Support for victims is to take the necessary measures to avoid recurrence of violence, to provide independence and economic independence to victims of violence, to take into account the special needs of vulnerable people, including victims, to obtain relevant and timely information on available support services and legal measures. which is understood by the victims. The offender is brought to justice through court proceedings. Liability can be criminal, administrative and material.