Legal on Preventing and Combating Gender Based Violence
Abstract
The author aims to investigate the mechanism of action of legislative and organizational guarantees in the field of gender equality, defined in the Laws of Ukraine «On Prevention and Counteraction to Domestic Violence», «On ensuring equal rights and opportunities for women and men» and separate articles of the Criminal Code of Ukraine and the Code of Administrative Offenses of Ukraine.
In carrying out the research for the solution of the tasks, the general scientific and special-legal methods were used in the complex. The methodological basis of the article is the dialectical method of scientific knowledge of social and legal phenomena in their contradictions, developments and changes that makes it possible to objectively assess the level and effectiveness of preventing offenses in the field of gender violence in Ukraine; the formal-logical method by which elements of the legal mechanism (application of administrative, criminal, procedural norms of law), which regulate the prevention of gender violence in Ukraine are revealed. The comparative legal method has been used in the analysis of legal and social provision of this institute in some foreign countries and in Ukraine; statistical – in the analysis of empirical data and in the process of studying the statistical material of the study.
The scientific novelty of the article is that it specifies special preventive measures as defined by changes in national legislation and empowering the police, court and social services to protect the rights of an injured woman and child who was or is witness to violence in Ukraine. The necessity of development of real mechanisms of implementation of these measures and ensuring their implementation is emphasized. As a conclusion, the author expressed the view that despite significant positive changes in the legislation of Ukraine in the area of prevention of violent offenses, the question of the mechanism of protection of victims and the necessity of introducing into the legislation of Ukraine pre-trial detention with respect to offenders continues to be a widespread problem at all levels of society.
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