Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.40 N° 73
Julio
Diciembre
2022
Recibido el 29/02/2022 Aceptado el 25/04/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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Vol. 40, Nº 73 (2022), 292-310
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Eectiveness of gender policy in the
activities of the Ukrainian police in
the context of intensifying European
integration processes
DOI: https://doi.org/10.46398/cuestpol.4073.15
Taisiia Korzh-Ikaieva *
Anzhela Kaliniuk **
Lesia Shapoval ***
Liakh Nelya ****
Natalia Polishko *****
Abstract
The article oers a comparative legal analysis of the legislation
in the regulation of the combat and prevention of gender violence
by the police, studying, for this, the best international experience
in this area. It indicates the need to dene in the law prole the
specic subdivisions of the National Police that carry out prevention of
domestic violence, gender violence (Department of Preventive Activities;
Patrol Service; Youth Prevention Units; District Police Service) to regulate
its powers, competences and attributions. It is argued that a number of
organizational and technical measures will help to increase the eectiveness
of gender policy in the activities of the Ukrainian police: the creation of
widely available databases showing statistics on cases of gender-based
domestic violence, investigations and punishments, categories of victims
and perpetrators. By way of conclusion, the desirability of introducing
international best practices in policing in this area is demonstrated, in
particular the adaptation of the «Blue Card» procedure carried out by the
Polish police.
* Candidate of legal sciences, Associate Professor, senior inspector of the personnel sector, Main
Directorate of the National Police in Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-8908-
9923
** Philosophy Doctor of law, senior lecturer of the department of the civil and juridical disciplines,
National Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-8032-
3632
*** Candidate of legal sciences, Associate Professor, Associate Professor of the civil and juridical disciplines,
National Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0003-4503-
9075
**** Senior lecturer at the Department of Polish Law, National Academy of Internal Aairs, Kyiv, Ukraine.
ORСID ID: https://orcid.org/0000-0002-0260-708Х
***** Senior lecturer of the department of the civil and juridical disciplines, National Academy of Internal
Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-3898-3896
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Keywords: gender policy; National Police of Ukraine; prevention;
domestic violence; gender discrimination.
Ecacia de la política de género en las actividades de la
policía ucraniana en el contexto de la intensicación de
los procesos de integración europea
Resumen
El artículo ofrece un análisis jurídico comparativo de la legislación en
la regulación del combate y prevención de la violencia de género por parte
de la policía, estudiando, para ello, la mejor experiencia internacional
en este ámbito. Se indica la necesidad de denir en el perl de ley las
subdivisiones especícas de la Policía Nacional que realizan prevención a la
violencia intrafamiliar, violencia de género (Departamento de Actividades
Preventivas; Servicio de Patrullas; Unidades de Prevención Juvenil;
Servicio de Policías Distritales) para regular sus poderes, competencias y
atribuciones. Se argumenta que una serie de medidas organizativas y técnicas
ayudarán a aumentar la ecacia de la política de género en las actividades de
la policía ucraniana: la creación de bases de datos ampliamente disponibles
que muestren estadísticas sobre casos de violencia doméstica por razón de
género, investigaciones y castigos, categorías de víctimas y perpetradores.
A modo de conclusión se demuestra la conveniencia de la introducción de
las mejores prácticas internacionales de la actividad policial en este ámbito,
en particular, la adaptación del procedimiento “Carta Azul” llevado a cabo
por la policía polaca.
Palabras clave: política de género; policía nacional de Ucrania;
prevención; violencia doméstica; discriminación de
género.
Introduction
One of the consequences of gender inequality in society, unequal
distribution of power and imbalance of representation of women and men
in dierent spheres of life is gender-based violence, which is one of the
most common problems in measuring modern social space and has a long
history. The concept of “gender-based violence” encompasses such acts of
violence against a person because of being a victim of violence, as well as the
role of people dened by public opinion and their expected behavior. At the
present stage of society, the most common types of gender-based violence
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Eectiveness of gender policy in the activities of the Ukrainian police in the context of intensifying
European integration processes
in the world are rape, domestic violence, sexual harassment, prostitution,
and sex tracking.
Examples of gender-based violence, which are explained by so-called
culture, traditions and customs, are also widespread in the world. For
example, early or child (often forced) marriages, female genital mutilation,
honor killings (Zaporozhtsev et al., 2012). The determinant of violence
is the ingrained stereotype of the dominance of one sex over another in
society and the family.
XX-XXI centuries are the era of establishing gender equality - social
equality of men and women, the establishment of the foundations of gender
parity and gender democracy (Perunova, 2020). The Constitution and
other normative legal documents guarantee equality of men and women in
Ukraine in all sectors. The country has acceded to all major international
commitments in the eld of gender equality and women’s rights to establish
an institutional mechanism for the implementation of key tasks and the
practical implementation of the law, including the Ukrainian police.
The Council of Europe`s Gender Equality Strategy for 2018-2023 states
that achieving gender equality is a key element in the implementation of
the Council of Europe`s mission, which is to protect human rights, uphold
democracy and ensure the rule of law, and states that gender equality
involves equal rights for women and men, girls and boys, as well as their
equal importance, opportunities, responsibilities and participation in all
spheres of public and private life (The council of europe’s gender equality
strategy for 2018-2023, 2018).
Ukraine has created certain conditions for combating and preventing
domestic and gender-based violence. In particular, the Law of Ukraine
“On Prevention and Counteraction to Domestic Violence” denes the
organizational and legal framework for preventing and combating such
violence, the main directions of state policy in the eld of preventing
and combating it, aimed at protecting the rights and interests of victims
of such violence (Law of Ukraine “On Prevention and Counteraction to
Domestic Violence”, 2019). However, as practice shows, citizens remain
dissatised with the level of public administration in preventing and
combating domestic violence in Ukraine, including the Ukrainian police,
and regulations in this area are ineective. These circumstances justify the
relevance of this scientic article.
1. Methodology of the study
To achieve the set goals and objectives, to ensure the reliability of the
results and conclusions used a system of methods of scientic knowledge.
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The dialectical method contributed to the consideration and study of
the problem in the unity of its social content and legal form and the
implementation of a systematic analysis of gender policy in the activities
of the Ukrainian police in the context of intensication of European
integration processes.
The system-structural method allowed to study the state policy in
the eld of protection of children from violence and other illegal actions
as a holistic set of interacting elements. The use of statistical methods
contributed to the generalization of legal practice; analysis of empirical
information related to the research topic. The comparative legal method
was used during the review and study of legal literature, the main scientic
approaches to solving the tasks of research and analysis of domestic
legislation in the process of clarifying its relationship with similar rules of
foreign law and practice of its application.
The formal-legal method was used in the study of normative sources of
scientic work, which allowed to identify shortcomings of current legislation
of Ukraine, which regulates the activities of the National Police of Ukraine
in the eld of protection of victims of gender violence and other illegal
actions, to formulate proposals to improve their activities. These methods
in correlation with the general logical methods and techniques (analysis,
synthesis, induction, deduction, analogy) allowed a comprehensive and
eective study of the peculiarities of the implementation of gender policy in
the Ukrainian police.
The scientic and theoretical basis of the article are scientic works
of domestic and foreign experts in the eld of management theory,
administrative law, civil law, criminal law, criminology, sociology and other
branches of legal sciences.
2. Analysis of recent research
Issues of developing mechanisms aimed at improving the eectiveness
of gender policy in modern conditions have a special place in the scientic
research of such scientists as: O. Perunova (Perunova, 2020), A. Blaga
(Blaga et al., 2012), F. Zaiert (Zaiert, 2013), A. Galay (Galay, 2014),
K. Guseva (Guseva, 2020), A. Zaporozhtsev (Zaporozhtsev et al., 2012),
K. Dovgun (Dovhun, 2021), N. Lesko (Lesko, 2019) and many others.
Despite the active research in Ukraine on the protection of victims of
gender-based violence, the issue of improving the eectiveness of gender
policy in the activities of the Ukrainian police in modern conditions has
not been studied separately. In the available scientic works, these aspects
were covered either in fragments or within a much broader issue. Instead,
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the study of the current state of improving the eectiveness of gender policy
in the Ukrainian police in the context of intensifying European integration
processes, as well as making proposals on this basis to improve legislation
and practice in its application is extremely important and necessary.
3. Results and discussion
3.1. Regulatory and legal regulation of prevention of gender-
based violence in Ukraine
The study of the problem of improving the eectiveness of gender policy
in the activities of the Ukrainian police in the context of intensication of
European integration processes will logically begin with an analysis of legal
regulations for the prevention of gender-based violence in Ukraine.
International legal regulation of domestic and gender-based violence
is carried out by the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the UN Convention on
the Elimination of All Forms of Discrimination against Women, and the UN
Convention on Marriage, age of marriage and registration of marriage, the
UN Convention on the Rights of the Child, the European Convention for
the Protection of Human Rights and Fundamental Freedoms, the European
Convention on the Exercise of Children’s Rights and other acts.
In general, it should be noted that the system of international legal
regulation in the eld of combating domestic and gender-based violence
includes a signicant number of “soft law” acts, which serve as a basis
for improving national legal systems in combating gender-based violence
legal acts that have become binding on countries in connection with their
ratication. Such acts include the UN Declaration on the Elimination of
Violence against Women and the UN Model Law on Domestic Violence.
Among the international legal instruments in the eld of combating
domestic and gender-based violence is the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence (Council of Europe convention on preventing violence against
women and domestic violence, 2013). To date, Ukraine has not ratied this
Convention, although domestic and international experts say that it has
now become particularly relevant.
We believe that ratication of the Istanbul Convention would allow
Council of Europe experts to monitor Ukraine’s compliance with its
commitments, and Ukraine would have the right to demand increased
accountability for perpetrators of Ukrainian citizens abroad. In addition,
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it makes it possible to demand responsibility for Ukrainian oenders who
are hiding abroad.
An important aspect in the context of the subject of our study is
to identify ways to increase the eectiveness of the National Police of
Ukraine as a subject of protection of victims of gender-based violence and
other illegal actions. After all, as K. Dovhun rightly points out, domestic
violence, gender-based violence is a complex social problem and eective
counteraction requires the involvement of various actors who dier in
nature, forms and methods of activity, as well as their powers. All state
bodies and citizens should take part in preventing and counteracting this
negative social phenomenon (Dovhun, 2021).
The system of legislation on the legal regulation of preventing and
combating domestic violence by police includes the Constitution of Ukraine,
laws of Ukraine “On Prevention and Combating Domestic Violence”, “On
Ensuring Equal Rights and Opportunities for Women and Men”, “On
Principles of Preventing and Combating Discrimination in Ukraine”, “On
Child Protection”, as well as the Civil Code of Ukraine, the Family Code
of Ukraine, the Civil Procedure Code of Ukraine, the Code of Ukraine on
Administrative Oenses, the Criminal Code of Ukraine, the Criminal
Procedure Code of Ukraine and other legislation.
The Constitution of Ukraine (parts 2, 3 of Article 24) stipulates that
there may be no privileges or restrictions on the grounds of race, color,
political, religious and other beliefs, sex, ethnic and social origin, property
status, place of residence, on linguistic or other grounds (Constitution of
Ukraine). One of the key laws in Ukraine regulating the implementation of
gender equality is the Law “On Ensuring Equal Rights and Opportunities
for Women and Men”, which aims to achieve parity between women and
men in all spheres of society (Law of Ukraine “On Ensuring Equal Rights
and opportunities for women and men”). The provisions that determine
the powers of the National Police of Ukraine in this area take an important
place in it.
Provisions on preventing and combating gender-based violence were
included in Section V-1 of the Law of Ukraine “On Ensuring Equal Rights
and Opportunities for Women and Men”.
In general, measures to prevent and combat gender-based violence
are identical to those that can be used to combat domestic violence in
accordance with the Law of Ukraine “On Prevention and Counteraction to
Domestic Violence”. However, it should be emphasized that such a measure
as an urgent injunction against the perpetrator who committed violence
under the article is not provided by the Law of Ukraine “On Ensuring Equal
Rights and Opportunities for Women and Men”.
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In 2017, the Law of Ukraine “On Prevention and Counteraction to
Domestic Violence” № 2229 – VIII was adopted, according to which the
bodies of the National Police of Ukraine are included in the entities with
appropriate powers to protect victims of domestic violence. It is also worth
mentioning the Law of Ukraine “On Amendments to the Criminal and
Criminal Procedure Codes of Ukraine in order to implement the provisions
of the Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence” № 2227-VIII.
The Code of Ukraine on Administrative Oenses was amended by
Article 173-2, as well as amendments were made to the Criminal Code to
determine liability for domestic violence (Article 126-1 of the Criminal
Code of Ukraine) and non-compliance with restrictive measures, restrictive
regulations or failure to pass the program for oenders (Article 390 -1 of
the Criminal Code of Ukraine).
Responsibility for certain types of crimes against sexual freedom has
also been strengthened. Such changes in the current legislation mobilize
and slightly change the activities of the pre-trial investigation bodies of the
National Police of Ukraine in terms of determining the circumstances have
to be claried in such criminal proceedings, the use of methods of obtaining
evidence of gender-based domestic violence.
The most numerous among the normative legal acts in the researched
sphere are by-laws of general action, which directly or indirectly concern the
activity of the Ukrainian police. Among them are: Decree of the President
of Ukraine № 501/2015 of August 25, 2015 “On approval of the National
Strategy in the eld of human rights” (National strategy in the eld of human
rights), Resolution of the Cabinet of Ministers of Ukraine of August 22,
2018 № 658 “Approval of the Procedure for Interaction of Entities Carrying
Out Measures in the Sphere of Prevention and Counteraction to Domestic
Violence and Gender-Based Violence” (Procedure for interaction of entities
implementing measures in the eld of prevention and counteraction to
domestic and gender-based violence).
Resolution of the Cabinet of Ministers of Ukraine of August 22, 2018
№ 655 “On approval of the Standard Regulations on Asylum for Victims of
Domestic violence and / or gender-based violence” (Standard provision on
asylum for victims of domestic and / or gender-based violence), Resolution
of the Cabinet of Ministers of Ukraine of August 22, 2018 № 654 “On
approval of the Standard Regulations on the Mobile Brigade of Social and
Psychological Assistance to Victims of Domestic Violence and / or Gender-
Based Violence” (Standard regulations on the mobile brigade of social and
psychological assistance to persons who have suered from domestic and /
or gender-based violence).
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Resolution of the Cabinet of Ministers of Ukraine of March 20, 2019 №
234 “On approval of the Procedure for formation, maintenance and access
to the Unied State Register of Domestic Violence and Gender-Based
Violence” (Procedure for formation, maintenance and access to the unied
state register of domestic violence and violence on the grounds of sex), the
order of the Ministry of Internal Aairs of Ukraine dated August 1, 2018
№ 654 “On approval of the Procedure for issuance by authorized units of
the National Police of Ukraine of an urgent injunction against the oender”
(Procedure for issuing urgent prohibitive instructions against the oender
by authorized units of the National police of Ukraine).
Order of the Ministry of Education and Science of Ukraine of October 2,
2018 № 1047 (Methodical recommendations for detecting, responding to
cases of domestic violence and interaction of teachers with other bodies and
services), order of the Ministry of Social Policy of October 1, 2018 № 1434
“On approval of the Standard program for abusers” (Standard program
for abusers), order of the Ministry of Social Aairs Policy of Ukraine №
564/836/945/577 of August 19, 2014 “On Approval of the Procedure for
Considering Appeals and Reports Concerning Child Abuse or Threat of
Its Commitment (Ministry of social policy of Ukraine, Ministry of internal
aairs of Ukraine, Ministry of education and science of Ukraine, Ministry
of health of Ukraine)” (Procedure for consideration of appeals and reports
regarding child abuse or threat of its commission), Order of the Ministry of
Social Policy of Ukraine № 281 of May 8, 2014 “On approval of Methodical
recommendations on the organization of correctional programs for
perpetrators of domestic violence” (Methodical recommendations on the
organization of correctional programs for persons who commit domestic
violence).
The order of the Ministry of Social Policy of Ukraine № 1852 of December
11, 2018 “On the establishment of the State Institution” Call Center of the
Ministry of Social Policy of Ukraine on combating tracking in human
beings, prevention and counteraction to domestic violence, gender-based
violence and violence against children” (On the establishment of the
state institution “callcenter of the Ministry of social policy of Ukraine for
combating tracking in human beings, prevention and counteraction to
domestic violence, gender-based violence and violence against children”).
These regulations and certain provisions are aimed at introducing
an integrated approach to preventing and combating domestic and
gender-based violence, expanding the list of tools and instruments to
combat domestic and gender-based violence, as well as creating a legal
basis for ratication of the Council of Europe Convention on Prevention
violence against women and domestic violence and the ght against these
phenomena. One of the key roles in this area of activity is played by the
bodies of the National Police of Ukraine.
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Despite the relatively high activity of the legislator in resolving the
problem of combating and preventing gender-based violence, the issue
of public awareness in this area remains the most urgent and needs to
be addressed urgently. Thus, at present, the real scale of the problem of
protection of victims of gender-based violence is dicult to assess due to
the lack of comprehensive research on the problem, as well as a systematic
approach to the collection of statistical information by various ministries.
The statistics of dierent ministries often do not match, as this
information was collected according to dierent methodologies. In this
regard, N. Lesko notes that in departmental statistics on children there are
such paradoxical cases when the number of victims of domestic violence
and children who have committed such violence, were given by one total
gure (Lesko, 2019). In addition, the current legislation needs to improve
the powers of the National Police of Ukraine, as a subject of combating
domestic violence, as their powers were spelled out in various regulations
and due to their constant reorganization and transfer of powers, the
interaction mechanism does not work eectively.
In our opinion, the main areas of improving the eectiveness of the
National Police of Ukraine, which protects victims of gender discrimination
at the legislative level, include expanding the competence of entities
implementing measures to prevent and combat domestic violence, including
the National Police, systematization of normative legal acts regulating the
order of their activity.
3.2. The main powers of the National Police in the eld of
prevention of gender-based violence
The main bodies and institutions entrusted with the functions of
implementing measures in the eld of preventing and combating gender
and domestic violence are: children`s services; authorized units of the
National Police of Ukraine (On Prevention and Counteraction to Domestic
Violence). It is the units of the National Police of Ukraine that are entrusted
with the tasks in the eld of administrative and legal response to cases of
domestic violence, timely detection and prevention of oenses, elimination
of their negative consequences. According to the Law of Ukraine “On the
National Police” of 02.07.2015 № 580-VIII activities to prevent and combat
domestic violence or gender-based violence are referred to its main powers
(Law of Ukraine “On the National Police”).
Regarding the details of the main powers of the National Police in the
eld of prevention and counteraction to domestic violence, it is provided
in Article 10 of the Law of Ukraine “On Prevention and Counteraction to
Domestic Violence”, according to which their powers include: detection
of facts of domestic violence and timely response to them; reception and
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consideration of applications and notications of domestic violence,
including consideration of notications received by the call center on
prevention and counteraction to domestic violence, gender-based violence
and violence against children, taking measures to stop it and providing
assistance to victims, taking into account the results of risk assessment in
the manner prescribed by the central executive body, which ensures the
formation of state policy in preventing and combating domestic violence,
together with the National Police Ukraine.
Informing victims about their rights, activities and social services
that they can use; issuing urgent injunctions against oenders; taking on
preventive registration of oenders and carrying out preventive work with
them in the manner prescribed by law; monitoring the implementation by
oenders of special measures to combat domestic violence during their
term; revocation of permits for the right to acquire, store, carry weapons and
ammunition to their owners in case of domestic violence, as well as seizure
of weapons and ammunition in the manner prescribed by law; interaction
with other entities implementing measures in the eld of prevention and
counteraction to domestic violence, in accordance with Article 15 of this
Law; reporting to the central executive body implementing state policy
in the eld of preventing and combating domestic violence on the results
of exercising powers in this area in the manner prescribed by the central
executive body that ensures the formation of state policy in preventing
and combating domestic violence (Law of Ukraine “On preventing and
combating domestic violence”).
The Law of Ukraine “On Prevention and Counteraction to Domestic
Violence” expands the system of measures to combat domestic violence in
comparison with previous legislation. Special countermeasures include an
urgent injunction against the oender; restrictive prescription against the
oender; taking on preventive maintenance of the oender and carrying
out preventive work with him; referral of the oender to the program for
oenders.
It is seen that the promptest and eective measures to combat domestic
violence will be an urgent injunction and a restraining order against the
perpetrator. The other two measures were both aimed at combating violence
and at re-educating and correcting the oender. Urgent restraining order is
the most eective means of combating domestic violence, which was issued
to the oender by authorized units of the National Police of Ukraine in case
of imminent threat to life or health of the victim in order to immediately
stop domestic violence, prevent its continuation or recurrence. An urgent
injunction may include such measures as: the obligation to leave the place of
residence (stay) of the injured person; ban on entry and stay in the place of
residence (stay) of the victim; prohibition in any way to contact the victim.
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An urgent restraining order was issued for a period of up to 10 days
at the request of the injured person, as well as on his own initiative by an
employee of the authorized unit of the National Police of Ukraine based on
the results of the risk assessment. An urgent injunction was handed over to
the oender, and a copy is given to the injured person or his representative.
At the same time, it should be noted that the issuance of an urgent
restraining order by the police as a special measure to combat domestic
violence against the perpetrator is regulated in the situation of a person
committing physical domestic violence. The procedure for its application
by authorized units of the National Police of Ukraine is limited to cases of a
criminal oense committed by the oender.
We share the position of some scholars that in order to meet the needs
of preventive activities of the National Police of Ukraine in the use of
measures to combat gender-based domestic violence as an administrative
oense, it is necessary to amend Chapter 20 of the Code of Administrative
Oenses (“Measures to ensure proceedings administrative oenses”) and
streamline a number of regulations, in particular, the order of the Ministry
of Internal Aairs of Ukraine dated August 1, 2018 № 654 “On approval of
the Procedure for issuing by the authorized units of the National Police of
Ukraine urgent injunction against the oender”, interdepartmental order
of the Ministry of Social Policy of Ukraine and the Ministry of Internal
Aairs of Ukraine dated March 13, 2019. № 369/180 “On Approval of
the Procedure for Assessing the Risks of Domestic Violence” (Guseva and
Gorbach-Kudrya, 2020).
A restraining order against an oender is a court-ordered measure
to temporarily restrict the rights or obligations of a person who has
committed domestic violence, aimed at ensuring the safety of the victim.
A restraining order may provide for one or more of the following measures
to temporarily restrict the rights of the oender or impose obligations on
him: prohibition to be in the place of joint residence (stay) with the victim;
elimination of obstacles in the use of property that is the object of the right
of joint ownership or personal private property of the victim; restriction
of communication with the injured child; prohibition to approach at a
certain distance to the place of residence (stay), study, work, other places
of frequent visits by the victim; prohibition to search for the injured person
personally and through third parties, if he is at his own will in a place
unknown to the oender, to persecute him and to communicate with him
in any way; Prohibition of correspondence, telephone conversations with
the victim or contact with him through other means of communication in
person and through third parties.
Restrictive measures may be applied not only in the framework of
separate proceedings under the conditions specied in Chapter 13 of Section
IV of the Civil Procedure Code of Ukraine by civil procedural legislation,
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but also in the framework of criminal proceedings. The application of
restrictive measures is provided by the Criminal Code of Ukraine and the
Criminal Procedure Code of Ukraine. The Law of Ukraine “On Amendments
to the Criminal and Criminal Procedure Codes of Ukraine to Implement
the Provisions of the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence” supplements
the general part of the Criminal Code with a new section entitled “Restrictive
Measures”. To Art. 194 of the Criminal Procedure Code of Ukraine was also
amended to regulate the application of restrictive measures in criminal
proceedings against a person who has committed domestic violence or
violence under the article.
It should be noted that, despite the rather detailed list of powers of the
National Police, the law does not specify which units work in the eld of
preventing and combating domestic violence, gender-based violence. P.
Bilenko proposes to include in the authorized units of the National Police
of Ukraine, which carry out prevention and counteraction to domestic
violence: Department of Preventive Activities of the National Police
of Ukraine; patrol service of the Ministry of Internal Aairs of Ukraine;
juvenile prevention units; service of district police ocers (Bilenko, 2019).
In 2017, the National Police launched the Polina project to combat
domestic violence. Initially, the project worked in some districts of Kyiv,
Odesa, and Severodonetsk, Luhansk regions (Combating domestic violence.
a practical guide for police ocers. council of Europe project “combating
violence against women and children in ukraine”). The project created a
new system of interaction between mobile police groups against violence.
Gradually, the project was extended to certain districts of Dnipropetrovsk,
Odessa and Zaporizhia regions. The mobile teams include representatives
of various police units - district police ocers and juvenile prevention
ocers from the Department of Preventive Activities, investigative and
operational units, as well as, remotely, the patrol police crew (Newsletter
on law enforcement reform in Ukraine, 2017).
It should be noted that the project does not provide for the creation of
separate units that will work in the eld of combating domestic violence.
However, a separate algorithm has been developed between operators of
line 102 and patrol, precinct, juvenile police, investigators and operatives
to respond to and prevent domestic violence. According to the developed
protocol, the operator of line “102” sends a patrol police crew to the scene,
who nds out all the circumstances of the incident and in case of a violation,
they call a police ocer. If violence / oenses against minors were detected,
a juvenile prevention worker is involved. In case of a criminal oense,
specialists in investigation and criminal investigation are involved.
It should be noted that within the framework of the Polina project, the
police interact with public initiatives. For example, La Strada-Ukraine
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Eectiveness of gender policy in the activities of the Ukrainian police in the context of intensifying
European integration processes
domestic violence prevention consultants inform subscribers from Polina
project areas about the existence of mobile groups to combat domestic
violence. In 2019, mobile groups responding to domestic violence were
established in 37 cities. It is worth noting that these mobile groups have
proven their eectiveness, so it was planned in their further deployment.
Since 2018, work is underway to prepare for the spread to other regions of
Ukraine (Report of the head of the National police of Ukraine on the results
of the department`s, 2019).
Summing up this block of the scientic article, we note that the
eectiveness of gender policy in the activities of the Ukrainian police will
contribute to a number of such organizational and technical measures:
categories of victims and perpetrators; adequate stang of National Police
units responsible for the prevention of domestic violence.
3.3. Best foreign practices of gender policy in police activities
The development of eective mechanisms of gender policy in the
activities of the Ukrainian police requires the study of best practices abroad.
A characteristic feature of German law in this area is the focus on the
removal of a person who has committed domestic violence from the family.
According to German law, such a person must leave the premises by
order of the police for up to 10 days (Blaga, 2012). In addition, there are
so-called domestic violence commissions among criminal police units in
Germany, which deal with domestic violence cases (Zaiert, 2013). By
expanding their knowledge in this area, employees of these units more
eectively investigate and identify the circumstances of domestic violence,
establish contact with the victim and the aggressor to stop further cases
of violence. It is worth noting that the experience of removing a person
who has committed domestic violence from the family is also practiced
in European countries such as Austria, Spain, the Netherlands, the Czech
Republic, Sweden and others (Kharlamov, 2014).
The police in Austria (according to the Federal Law “On Protection from
Violence” and “On Security Police”) are authorized to issue (if appropriate)
a prohibition order, according to which a person who poses a danger to
others (family members, cohabitants, etc.), and its behavior indicates the
existing (or potential) the risk of encroachment on life, health, personal
liberty, etc., is removed from the place of residence (regardless of family
ties and property rights) with a ban on returning there, seizure of keys
and determination (temporarily) of another place of residence (in case
of resistance to the oender it is applied by police coercive measures)
(Amendments to the legislation on prevention and counteraction to
domestic violence).
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In France, there is an eective interaction between the police and the
mobile hotline, which allows you to quickly arrive at the scene of domestic
violence. In addition, police units have the right to immediately remove
perpetrators of domestic violence from the place of residence with the
victim, and the court may order such a measure to combat domestic violence
as the use of electronic control bracelets. With these bracelets, the police
receive a signal that the perpetrator of domestic violence is approaching the
victim and can respond immediately (Galay, 2014).
The positive experience of the Swedish police in preventing gender
discrimination is interesting in view of the research. In particular, the Karin
project is a pilot project aimed at strengthening cooperation between the
police and social services in Malmö. Two forensic investigators and two
social workers are in the same room and work closely together to facilitate
access to these specialists for victims, in particular children who have
witnessed violence.
In addition, both the police and social workers are in constant contact
with other organizations and government agencies. When forensic
investigators receive a statement, they immediately notify social workers.
Social workers contact the woman within 24 hours to assess the need for
support and assistance in obtaining adequate protection. Thanks to the
project, the female victims noted that the police ocers were kind, pleasant
and responsive. The women also claimed that they had received useful
information about the investigation.
The Blue Charter procedure, conducted and implemented by the Polish
police in connection with well-founded suspicions of domestic violence,
is noteworthy. This procedure was provided for in the Order of the Chief
Commander of the Police of 18 February 2008 № 162 “On the methods and
forms of police performance of tasks related to domestic violence under
the Blue Charter procedure”. This procedure is a very eective measure to
combat domestic violence, which was usually caused by gender conicts.
This is due to the fact that no case of gender-based violence is ignored,
accompanied by fruitful work of the police, which carries out a number
of measures aimed at eradicating violence in a particular family. Another
positive aspect of Poland’s experience is the introduction of the “Blue
Charter” procedure in the “Blue Charter” procedure, which the victim of
domestic violence lls in in a calm atmosphere after the police have taken
the necessary measures against the aggressor. After all, in a state of stress
after an act of domestic violence, the victim may not always be able to
adequately respond to police questions and provide the necessary evidence
that will help police develop the right strategy to combat violence in this
particular family (Gorbova, 2015).
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It should be noted that the similarity of legislation governing the
prevention and combating of gender discrimination in Europe is not only
a desire to implement the provisions of the Istanbul Convention, but also
common social values that are protected - the health and life of a person
regardless of gender, peace and well-being of the family, etc. European
experience of police work in this area, of course, should be studied
and implemented in our country in order to avoid possible mistakes in
overcoming gender-based domestic violence in Ukraine.
We believe that the intervention of the authorized units of the National
Police in the early stages of violence prevention is a more eective measure in
the ght against gender discrimination than any prevention programs. One
of the advantages of such an early intervention may be the redistribution
of funds for the implementation of other programs useful to society. In
addition, it will save time and money spent by social and law enforcement
agencies and the judiciary on combating gender-based domestic violence.
At the same time, it is important to remember that only by working together
can we not only convey to everyone what gender discrimination is and
protect against it, but also improve the quality of response and assistance.
Creating a safe environment free from violence is a common goal of the
entire world community.
Conclusions
Summing up and analyzing what was stated in the article, we can draw
the following conclusions.
The main areas of improving the eciency of the National Police of
Ukraine, which protect victims of gender discrimination at the legislative
level, include expanding the competence of these entities, systematization
of regulations governing their activities.
The relevant law should dene specic units of the National Police that
prevent and combat domestic violence, gender-based violence: Department
of Preventive Activities; patrol service; juvenile prevention units; service of
district police ocers.
A number of organizational and technical measures will help increase
the eectiveness of gender policy in the activities of the Ukrainian police:
measures to create publicly available databases that would display statistics
on cases of gender-based domestic violence, the course of investigation and
punishment, categories of victims and perpetrators.
Intervention by authorized units of the National Police in the early
stages of violence prevention is a more eective measure in the ght against
gender discrimination than any prevention program. Establishing close
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cooperation between the police and other actors empowered to prevent and
combat gender discrimination is key to improving the protection of victims’
rights.
It is expedient to introduce best foreign police practices in this area.
In particular, an eective measure to combat domestic violence due to
gender dierences is the Blue Charter procedure, which was carried out
and implemented by the Polish police in connection with well-founded
suspicions of domestic violence.
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