THE COMPLIANCE OF CRIMINAL LEGISLATION OF UKRAINE WITH THE PROVISIONS OF COUNCIL OF EUROPE CONVENTION ON PREVENTING AND COMBATING VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE 2011 ON STALKING
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article addresses the compliance issues of criminal legislation of Ukraine with the provisions of Council of Europe Convention on preventing and combating violence against women and domestic violence 2011 on stalking. The authors point out, that the Istanbul convention provides comprehensive mechanism of defense for victims of violence mentioned, which makes the process of its implementation highly significant. The article focuses on the meaning of stalking under the Istanbul convention as well as the difference between stalking and psychological violence. In order to find out the probable analogues of such conduct in Ukrainian legislation, the provisions of the Criminal code of Ukraine have been researched into. The extent of compliance of domestic legislation and the Istanbul convention claims has been identified. The authors emphasize, that despite of the level of this compliance, the Criminal code of Ukraine doesn’t contain precise statements covering specificity of domestic violence and violence against women. In order to reach the purpose of the paper the following constructions of crimes under the Criminal code of Ukraine has been analyzed: torture, death threat, trespassing, secrecy of correspondence violation, invasion of privacy, property damage, threat of another person’s property destruction in a dangerous way, animal abuse. It’s mentioned, that this list can be continued. In conclusion, the authors mark, that the extent of compliance of criminal legislation of Ukraine with the provisions of Council of Europe Convention on preventing and combating violence against women and domestic violence on stalking is very fragmentary.
Authors and Affiliations
К. П. Задоя, Я. Г. Оленіна
Keywords
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