Direction for the program for abusers or probation program: a practical aspect

Issue: № 6/3, 2021

Doi: https://doi.org/10.37634/efp.2021.6(3).6

Introduction. Restrictive measures applied to perpetrators of domestic violence are a relatively new type of criminal law measure provided for in current criminal law. The legislative and scientific novelty of these measures, the inconsistency norms of legislative acts, which regulate the procedure for their appointment and implementation, cause problems and difficulties in their practical application. Purpose. Analysis of the practice of restrictive measures provided for in paragraph 5 of Part 1 of Art. 91-1 of the Criminal code of Ukraine, revealing of problems and difficulties of their appointment and performance and statement of offers concerning possible overcoming of these problems, by elimination of legislative gaps and contradictions. Results. The article analyzes the practice of prescribing and implementing such restrictive measures applicable to perpetrators of domestic violence as "direction for program for abusers" and "direction for probation program". Problems and difficulties that arise due to the ambiguity of the wording of criminal law, the inconsistency of regulations governing the appointment and implementation of relevant measures, as well as the lack of professionalism of the judges. In particular, it was established that the judges did not specify which restrictive measure provided for in paragraph 5 of Part 1 of Article 91-1 of the Criminal Code of Ukraine should be applied to the convict, because it contains two different in content and procedure. This makes it impossible to enforce the sentence. Also, the lack of a mechanism for interaction of probation authorities with local state administrations and local self-government authorities makes it impossible for probation authorities to exercise control over convicts who are sent to undergo a program for abusers. Conclusion. It is proposed to amend Art. 91-1 of the Criminal code of Ukraine, the Law of Ukraine "About probation" and other regulatory legal acts, for the purpose of elimination of the analyzed problems of application of restrictive measures.

Keywords : restrictive measures applied to perpetrators of domestic violence; program for abusers; probation program; probation authorities

References:

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