THE CASES OF DOMESTIC VIOLENCE IN PROTRACTED QUARANTINE CAUSED BY COVID-19

Keywords

domestic violence, legal assistance, forensic examination, Istanbul Convention, COVID-19

Abstract views: 69

How to Cite

Babkina , O., Ushko , I., Danylchenko , S., Tarasyuk , V., & Vako , I. (2020). THE CASES OF DOMESTIC VIOLENCE IN PROTRACTED QUARANTINE CAUSED BY COVID-19. Medical Science of Ukraine (MSU), 16(4). https://doi.org/10.32345/2664-4738.4.2020.8

Abstract

Relevance. The analysis demonstrated that legislative documents in Ukraine were developed to prevent and combat domestic violence, protect and respect human rights. The basic standards of the regulatory framework of Ukraine are consistent with the Istanbul Convention. A positive moment in the modern legislation of Ukraine is the establishment of restrictive measures for people who have committed domestic violence in the form of a ban on staying in a place of joint residence with a person who has suffered from domestic violence. Some recommendations on conducting a forensic medical examination in cases of domestic violence are proposed. Displayed aspects of an ethical approach in the "Rules for the Examination of Victims, Accused, and Other Persons" in order to reduce psychological trauma during the examination.

Objective: to analyze and summarize the legal and forensic aspects of providing legal assistance to victims of domestic violence in Ukraine and to offer recommendations for their improvement

Material and methods. The materials are data from available Internet sources within the spring of 2020; 68 appeals to forensic medical institutions. The analysis was performed using a descriptive method; fixation methods, statistical processing of the results.

Results. Ukraine is oriented towards European standards, including in the area of issues of prevention and counteraction to domestic violence and respect for human rights. Recommended using modern methods of fixation during data collection and further examination of the victim in order to be able to use the obtained data by the parties to criminal proceedings / Сourt.

Conclusions. The issue of prevention and counteraction to domestic violence needs special attention and further resolution due to the increase in domestic violence cases, especially during quarantine caused by COVID-19.

https://doi.org/10.32345/2664-4738.4.2020.8

References

1. Law of Ukraine 759-IV. [On Amendments to the Code of Ukraine on administrative misdemeanor installation responsibility for committing domestic violence or failure to comply with a protective order] [in Ukrainian]. URL: https://zakon.rada.gov.ua/laws/show/759-15; 2003 [accessed 15 May 2003]
2. Law of Ukraine 2227-VIII. [On Amendments to the Criminal and Criminal Procedure Codes of Ukraine with a view to implementing the provisions of the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence] [in Ukrainian]. URL: https://zakon.rada.gov.ua/laws/show/2227-19; 2017 [accessed 6 December 2017]
3. Law of Ukraine 2229-VIII. [On Prevention and Countering Domestic Violence] [in Ukrainian]. URL: https://zakon.rada.gov.ua/laws/show/2229-19. [accessed 1 January 2020]
4. [COUNCIL CONVENTION on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), Handbook for Members; 2013] [in Ukrainian]. URL: https://rm.coe.int/1680096e45
5. Administrative Code of Ukraine 80731-X, Article 173-2 on Administrative Offenses. [Committing Domestic Violence, Gender-Based Violence, Failure to Comply with an Urgent Restraining Order or Notification of Your Temporary Residence] [in Ukrainian]. URL: https://zakon.rada.gov.ua/laws/show/80731-10; 2020 [accessed 28 April 2020]
6. Dudorov OO, Khavroniuk MI. [Responsibility for Domestic and Gender-Based Violence (Scientific and Practical Commentary on the Novelties of the Criminal Code of Ukraine)]. In: Khavroniuk MI, editor. K: Waite; 2019, p. 78. [in Ukrainian]
7. СMU Resolution 658-2018-п. [On Approving the Procedure for Interaction of Subjects Performing Measures to Prevent and Combat Domestic and Gender-Based Violence] [in Ukrainian]. URL: https://zakon.rada.gov.ua/laws/show/658-2018-%D0%BF; 2018 [accessed 22 August 2018]
8. Order of the Ministry of Internal Affairs z0965-18. [On approval of the Procedure of passing by the authorized units of bodies of the National police of Ukraine the urgent restraining order against the offender] [in Ukrainian]. URL: https://zakon.rada.gov.ua/laws/show/z0965-18?lang=ru; 2018 [accessed 1 August 2018]
9. Order of the Ministry of Social Policy, Ministry of Internal Affairs z0333-19. [On approval of the Procedure for carrying out the assessment of risks of domestic violence] [in Ukrainian]. URL: https://zakon.rada.gov.ua/laws/show/z0333-19; 2019 [accessed 13 March 2019]
10. Order of the Ministry of Internal Affairs No. 124. [On approval of the Procedure for taking on preventive accounting, carrying out preventive work and removing from the preventive account of the offender by an authorized unit of the National Police of Ukraine] [in Ukrainian]. URL: https://zakon.rada.gov.ua/laws/show/z0270-19; 2019 [accessed 25 February 2019]
11. Order No. 6. [On the Development and Improvement of the Forensic Medical Service of Ukraine] [in Ukrainian]. URL: https://translate.google.com/translate?hl=ru&sl=uk&u=https://zakon.rada.gov.ua/go/z0248-95&prev=search; 1995 [accessed 17 January 1995]
Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.