Domestic violence is one of the most immoral and unacceptable phenomena in the modern world.

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Domestic violence is one of the most immoral and unacceptable phenomena in the modern world. According to statistics, in the period 2019-2020, the number of complaints from citizens affected by domestic violence increased, compared to previous years, by 15% in 2019 and 66% in 2020, respectively. Most of these appeals are from women – 86%, men – 12% and 2% – children.


According to experts, the main preconditions for domestic violence are low levels of material security, alcohol abuse, high unemployment, and in today’s conditions and the COVID-19 pandemic. However, the main reason continues to be that most perpetrators consider domestic conflicts by private business, which should not be brought to the public sphere and, moreover, does not involve any interference by the state in their personal relations.
The fight against domestic violence in the world began in the 1990s. In particular, the Council of Europe has launched a number of initiatives to protect women from violence. These initiatives resulted in the implementation by the Committee of Ministers of the Council of Europe in 2002 of recommendations to member states on the protection of women from violence, as well as the launch in 2006-2008 of a pan-European campaign against violence against women (including domestic violence). The final stage in this struggle was the adoption on 11 May 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, or in other words the Istanbul Convention. This document defines violence against women as a violation of fundamental human rights and a manifestation of gender discrimination. The Convention also sets out a list of actions to be criminalized, including, inter alia, physical, psychological, economic and sexual violence.
In Ukraine, the fight against domestic violence at the legislative level began with the adoption on 07.12.2017 of the Law of Ukraine (as amended on 17.01.2019) “On Prevention and Counteraction to Domestic Violence” and the addition in 2019 of the Criminal Code of Ukraine Article 126-1 entitled “Domestic violence”.
The Criminal Code of Ukraine defines the concept of “domestic violence” – as intentional systematic commission of physical, psychological or economic violence against a spouse or ex-spouse or another person with whom the perpetrator is (was) in a family or close relationship, leading to physical or psychological suffering, health disorders, disability, emotional dependence or deterioration of the victim’s quality of life.
The responsibility for such actions is provided in the form of community service for a period of one hundred and fifty to two hundred and forty hours, or arrest for up to six months, or restriction of liberty for up to five years, or imprisonment for up to two years.
At the same time, despite the existence of statutory liability for domestic violence, as practice shows, Ukrainian society is unaware of this. Therefore, domestic violence is often ignored by law enforcement and the legal community, which creates a sense of impunity for perpetrators and increases as a phenomenon in society.
The question of how to combat domestic violence will be fair. First of all, we believe that there is no need to be afraid to claim that a person has been a victim of violence. A person can apply directly to law enforcement agencies or for legal assistance to specialists (lawyers). At the same time, it will be fair to note that the appeal of the person directly to law enforcement agencies often does not give the desired effect. Due to their workload and other reasons, law enforcement officers do not always pay enough attention to the prompt investigation of such criminal offenses.
At the same time, unlike law enforcement agencies, the work of a qualified specialist (lawyer) will be to build the most effective and optimal tactics for protecting a victim of domestic violence. This can be both criminal proceedings and civil proceedings or a series of mediation actions (settlement of the conflict by contract). Within the framework of such proceedings, restrictions may be imposed on the person who committed the illegal actions – prohibition of actions, obligation to refrain from actions, arrest, etc. Such restrictive measures make it possible to promptly stop illegal actions, which in fact already brings results for the victim. In addition, the role of the lawyer in such cases is also to provide psychological support and assistance to the client. It is a big job to give the victim hope that they are not left alone with the problem.
Therefore, only a set of the above actions is the most effective way to protect the rights of the victim from domestic violence. At the same time, it should be noted that the sooner the violence is stopped, the better the chances of maintaining the relationship between the parties to the conflict. Because the conflict in its acute phase (violent actions of the offender) generates a reaction of the victim to take appropriate action – to prosecute in all possible ways. And gaveand it is extremely difficult to talk about reconciliation.
Andriy Schwab, lawyer, partner of Revealing Information Law Firm
Andriy Shevchuk, Candidate of Law, Lawyer of Revealing Information Law Firm
Chernivtsi, Independence Avenue, bldg. 68-A, room 1, 58005, tel .: +38 068 8365330, e-mail: office@shvab.com.ua
Kyiv, street Degtyarivska, 25-A, 04119, tel .: +38 (095) 868-35-90, e-mail: revealing@ukr.net

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