International legal standards and foreign experience of combating criminal offenses related to domestic violence

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International legal standards and foreign experience of combating criminal offenses related to domestic violence

Journal Title: International Science Journal of Jurisprudence & Philosophy - Year 2022, Vol 1, Issue 3

Abstract

The scientific work proposed for review is aimed at highlighting the main international standards for combating criminal offenses related to domestic violence and the experience of using separate criminal procedural mechanisms of legal regulation of the investigation of such offenses in countries of both the Anglo-American and Romano-German legal families eat The relevance of studying and taking into account international standards for combating criminal offenses related to domestic violence in the rule-making activity is substantiated. The UN model legislation on domestic violence, the prospects of implementing its provisions into national legislation are analyzed. The experience of legislative protection against criminal offenses related to domestic violence in the USA and European countries is summarized from the perspective of its implementation in Ukraine. Summarizing the study of the international experience of combating criminal offenses related to domestic violence, it is necessary to emphasize certain practices that can be implemented in the activities of law enforcement agencies in Ukraine. In order to improve the organization of police response to cases of domestic violence, it is proposed to introduce a record of problem families and cases of domestic violence. It has been determined that it is possible to apply the preventive practice of Great Britain, when at the request of citizens, information about the violent past of potential family partners is provided from such a database. The practice of the United Kingdom and the United States regarding the use of technical telecommunications devices in the consideration of cases of domestic violence in order to ensure the safety of witnesses and victims in the event of the need for visual contact with such persons was recognized as positive. Poland's experience in the implementation of the "Blue Cards" procedure is original, according to which the police keep materials for each family in which violence took place, where documents clarifying the circumstances of each case are accumulated. The practice is also positive, according to which police officers, when going to a family conflict, have with them and are obliged to leave special forms with information about the bodies to which a victim of domestic violence can contact the victim. In such a case, a victim of domestic violence has the opportunity to study in a calmer environment all the information she needs and to decide on further steps to protect her rights. It was determined that it is possible to take into account the practice of the USA regarding the creation of special units in the structure of the police, whose activities are aimed at combating criminal offenses related to domestic violence and the introduction of the institute of specialized courts authorized to consider this category of cases.

Authors and Affiliations

Vyacheslav Gontarenko

Keywords

EP ID EP709675
DOI 10.46299/j.isjjp.20220103.01
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