Issue: №10/3, 2019
Issues of issuance and continuation of the restraining order have been considered. Special measures for combating domestic and gender-based violence are revealed as new ways of temporarily limiting individual property and personal non-property civil rights of a person, explaining the reasons for their application. The police (administrative) procedure for the application of the urgent restraining order and the judicial civil procedural procedure for issuing a restraining order against the offender were investigated, their legal nature and shortcomings were revealed. The responsibilities of the perpetrator of domestic violence under restrictive measures have been identified. Today, the problem of domestic violence is extremely important in society. Domestic or domestic violence is applied by one family member to another, thereby violating the constitutional rights and freedoms of the latter. Such deviant behavior significantly undermines social relations, devalues the concept of a family institution, and requires special attention from the legislator. Therefore, any manifestation of domestic violence should be immediately prevented. Women and children are the most abused, and men are the abusers. The issuance of a restraining order is a measure of influence against the abuser, which can only be taken in the interests of the victims and in the event of certain factors and risks. European and world standards. A restrictive injunction against an abuser is a measure of temporarily restricting the rights or duties of the perpetrator. This legal instrument is aimed at ensuring the safety of the victim. References 1. On the Prevention and Countering of Domestic Violence: Law of Ukraine of January 11, 2018 # 5294. URL: https://zakon.rada.gov.ua/laws/show/2229-19 (in Ukrainian) 2. Ratification of the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence: Law of Ukraine of 06.12.2017 No. 2227-VIII. URL: https://zakon.rada.gov.ua/laws/show/2227-19 (in Ukrainian) 4. Vozniuk A.A. Criminal liability for domestic violence: current issues of theory and practice. The forum is right. 2019. № 2. pp. 6-14. (in Ukrainian) 5. Haiduk Yu.A. Prevention of Domestic Violence in National and International Legislation. Actual problems of domestic jurisprudence. 2016. Issue 3. P. 152. (in Ukrainian) 6. The Head of State signed the Law on Prevention and Countering Domestic Violence. President of Ukraine: Off. site. URL: http://www.president.gov.ua/news/glava-derzhavi-pidpisav-zakon-prozapobigannya-ta-protidiyu-45354 (in Ukrainian) 7. Horbova H.O. Administrative and Legal Regulation of Combating Domestic Violence: Abstract. diss. … cand. law sciences: 12.00.07. Kyiv, 2016. 17 p. (in Ukrainian) 8. Levchenko K.B. Urgent prohibitive and restrictive prescriptions as special forms of response to cases of domestic violence: international experience and national practice. Law and Security. 2018. № 4. pp. 60-65. (in Ukrainian) 9. Loshytskyi M.V. New ways of temporarily restricting individual civil rights: special measures to counter domestic and gender-based violence and special police and civil procedural procedures for issuing urgent restraining and restraining orders. Judicial appeal. 2017. № 4. pp. 65-76. (in Ukrainian) 10. Domestic Violence and the Activities of the Internal Affairs Bodies to Address It: tutorial / A.V. Zaporozhtsev et.al. Kyiv: Univ. "Ukraine", 2012. 246 p. (in Ukrainian) 11. Kharlamov V.S. Institute of Security Order in Foreign Legislation as a Tool for Protecting a Person from Domestic Violence. Criminology: yesterday, today, tomorrow. 2014. № 1 (32). P. 38. URL: https://cyberleninka.ru/article/v/institut-ohrannogo-ordera-v-zarubezhnom-zakonodatelstvekak-instrument-zaschity-lichnosti-ot-vnutrisemeynogo-nasiliya (in Ukrainian) 12. Code of Civil Procedure of Ukraine. Verkhovna Rada of Ukraine, 2018, №. 46. Art. 371 (in Ukrainian)
Keywords : court, restraining order, domestic violence