Sources of Criminal Law on Domestic Violence Prevention

Serhii Shevchenko1, Oleksandr Yunin2, Liliia Bobrishova3, Roman Katorkin4 & Serhii Tsyhulskyi5

https://doi.org/10.62271/pjc.16.2.157.168

Abstract
The civilised society, which is constantly developing on the principles of democracy and equality, has no place for domestic violence, but this problem is present and quite common. The work aims to determine criminal law sources and their core provisions on the regulatory framework for preventing and countering offences related to domestic violence, as well as to detect ways to optimise their regulatory framework. The study used the legalistic method, comparative law method, logical and legal method. The study results characterised the sources of criminal law on the prevention of domestic violence in Ukraine, which certifies the presence of a wide mechanism of its prevention. Inconsistency of probation supervision, particularly within the context of its perception by society, was noted. International regulatory acts on domestic violence prevention were analysed. The advantages of using different types of restraining orders in the world practice were revealed. The study results may be useful for state actors for further legislation improvement in domestic violence prevention.

Keywords: Domestic violence, sources of criminal law, gender bias, restrictive measures, civil law order