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LAW OF UKRAINE

of December 7, 2017 No. 2229-VIII

About prevention and counteraction to domestic violence

This Law determines organization-legal bases of prevention and counteraction to domestic violence, the main directions of realization of state policy in the sphere of prevention and counteraction to domestic violence directed to protection of the rights and interests of persons which were affected by such violence.

Section I General provisions

Article 1. Determination of terms

1. In this Law the following basic concepts are used:

1) the child offender - person who did not reach 18 years and committed domestic violence in any form;

2) the child who was affected by domestic violence (further - the injured child) - the person which did not reach 18 years and underwent domestic violence in any form or became the witness (eyewitness) of such violence;

3) domestic violence - acts (actions or failure to act) of physical, sexual, psychological or economic abuse made in family either within the residence or between relatives, or between the former or present spouses or between other persons who jointly live (lived) one family, but are not (did not consist) in the related relations or in scrap person who committed domestic violence among themselves irrespective of, lives (lived) in the same place, as injured person, and also threats of making of such acts;

4) economic violence - the form of domestic violence, including intentional deprivation of housing, food, clothes, other property, money and documents or opportunity to use them, leaving without supervision or guardianship, preventing in receipt of necessary services in treatment or rehabilitation, will lock to work, coercion to work, will lock to study also other offenses of economic nature;

5) prevention of domestic violence - system of the actions performed by executive bodies, local government bodies, the companies, organizations and the organizations, and also the citizens of Ukraine, foreigners and stateless persons which are in Ukraine on legal causes and the awarenesses of society directed to increase in level concerning forms, the reasons and consequences of domestic violence, forming of the intolerant attitude towards violent behavior model in the private relations, not indifferent attitude towards injured persons, first of all to injured children, eradication of discrimination ideas of social roles and obligations of women and men, and also any customs and traditions which are based on them;

6) the offender - person who committed domestic violence in any form;

7) the restrictive instruction concerning the offender - the action of temporary restriction of the rights established judicially or assignment of obligations on person who committed the domestic violence aimed at safety of injured person;

8) person which was affected by domestic violence (further - injured person) - person who received house violence in any form;

9) risks assessment - assessment of reliability of continuation or repeated making of domestic violence, approach of heavy or especially heavy consequences of its making, and also the death of injured person;

10) the program for the offender - complex of actions which is created on the basis of results of risks assessment and directed to change of violent behavior of the offender, forming at him to new, not aggressive psychological behavior model in the private relations, responsible attitude to the acts and their consequences, including in education of children, on eradication of discrimination ideas of social roles and obligations of women and men;

11) the program for injured person - complex of the actions directed to deprivation of emotional dependence, uncertainty in themselves and forming at injured person of capability to defend own advantage, to protect the rights in the private relations, including by means of authorized bodies of the government, local government bodies;

12) counteraction to domestic violence - system of the actions performed by executive bodies, local government bodies, the companies, organizations and the organizations, and also the citizens of Ukraine, foreigners and stateless persons which are in Ukraine on legal causes, and directed to the termination of domestic violence, assistance and protection to the victim, compensation to it damage and also on proper investigation of cases of domestic violence, accountability of offenders and change of their behavior;

13) preventive accounting - implementation by authorized divisions of bodies of National police of Ukraine of organizational and practical actions for control of behavior of the offender for the purpose of non-admission of repeated making of domestic violence, behind observance of temporary restrictions of its rights by it and accomplishment of the obligations assigned to it in connection with making of domestic violence;

14) psychological violence - form of domestic violence, including harsh languages, threats, including concerning the third parties, the humiliation, prosecution, intimidation, other actions directed to restriction of declaration of will of person, control in the reproductive sphere if such actions or failure to act caused in injured person of concern for the safety or safety of the third parties, or did the entailed emotional uncertainty, inability to protect themselves harm to mental health of the person;

15) sexual violence - form of domestic violence, including any actions of sexual nature made concerning full age person without its consent or concerning the child irrespective of its consent or in the presence of the child, coercion to the act of sexual nature with the third party and also other offenses against sexual freedom or sexual integrity of the personality including made concerning the child or in case of it;

16) the urgent prohibiting instruction concerning the offender - the special event for counteraction to domestic violence which is used by authorized divisions of bodies of National police of Ukraine as response to the fact of domestic violence and is directed to the immediate termination of domestic violence, elimination of danger to life and health of victims and non-admission of continuation or repeated making of such violence;

17) physical abuse - form of domestic violence, including slaps in the face, kicks, pushing, shchipaniye, flogging, biting, and also illegal imprisonment, drawing beating, torture, causing bodily harms of varying severity, leaving is in danger, non-rendering of the help to person who is in life-threatening condition, causing death, making of other offenses of violent nature.

Article 2. Legislation on prevention and counteraction to domestic violence

1. The legislation on prevention and counteraction to domestic violence consists of the Constitution of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, this Law and other regulatory legal acts on violence non-admission.

Article 3. Coverage of the legislation on prevention and counteraction to domestic violence

1. Subject of regulation of this Federal Law are the legal relationship arising in the course of prevention and counteraction to domestic violence.

2. Operation of the legislation on prevention and counteraction to domestic violence irrespective of the fact of cohabitation extends to the following persons:

1) spouses;

2) former spouses;

3) bride;

4) mother (father) or children of one of spouses (former spouses) and other of spouses (former spouses);

5) persons who jointly live (lived) one family, but are not (were not married) among themselves, their parents and children;

6) persons having general child(children);

7) parents (mother, father) and child(children);

8) grandfather (grandma) and grandson (granddaughter);

9) great-grandfather (great-grandmother) and great-grandson (great-granddaughter);

10) stepfather (stepmother) and stepson (stepdaughter);

11) brothers and sisters;

12) other relatives: uncle (aunt) and nephew (niece), cousins and sisters, granduncle (grandma) and cousin grandson (granddaughter);

13) children of the spouses, the former spouses, brides, persons having general child(children) who are not general or adopted;

14) the guardians, custodians, their children and persons which are (being) under guardianship;

15) the adoptive parents, parents tutors, foster tutors, their children and adopted children, children pupils, children living (living) in family of the foster tutor.

3. Operation of the legislation on prevention and counteraction to domestic violence extends also to other relatives, other persons connected by general life who have the mutual rights and obligations, on condition of cohabitation, and also on the subjects performing measures in the sphere of prevention and counteraction to domestic violence.

Article 4. Basic principles of prevention and counteraction to domestic violence

1. The activities directed to prevention and counteraction to domestic violence are based on the following principles:

1) providing to injured persons of safety and basic rights and freedoms of man and citizen, in particular the rights to life, freedom and security of person, to respect of private and family life, to fair trial, to legal assistance, taking into account practice of the European Court of Human Rights;

2) due attention to each fact of domestic violence when implementing actions in the sphere of prevention and counteraction to domestic violence;

3) accounting of disproportionate influence of domestic violence on women and men, children and adults, respect for the principle of providing the equal rights and opportunities of women and men when implementing actions in the sphere of prevention and counteraction of domestic violence;

4) recognitions of public danger of domestic violence and providing the intolerant relation to any manifestations of domestic violence;

5) respect and the impartial and not indifferent attitude towards victims from the subjects performing measures in the sphere of prevention and counteraction to domestic violence, ensuring priority of the rights, legitimate interests and safety of victims when implementing actions in the sphere of prevention and counteraction to domestic violence;

6) confidentiality of information on victims and persons who reported about making of domestic violence;

7) voluntariness of receipt of the help by injured persons, except children and incapacitated persons;

8) accounting of special needs and interests of victims, including persons with disability, expectant mothers, children, incapacitated persons, elderly people;

9) effective interaction of the subjects performing measures in the sphere of prevention and counteraction to domestic violence with public associations, non-governmental organizations, mass media and other interested persons.

2. If injured person is the child, any actions made with it are based on the principles determined by the Convention of the UN on the rights of the child, the Convention of the Council of Europe on protection of children from sexual exploitation and sexual violence, the European convention on implementation of the rights of children and legal acts of Ukraine in the sphere of protection of the rights of the child.

3. Measures in the sphere of prevention and counteraction to domestic violence are performed without discrimination on any sign.

4. Customs, religious beliefs, religion, traditions cannot be considered as justification of any forms of domestic violence provided by this Law or to be the basis for release of the offender from responsibility.

Article 5. The main directions of realization of state policy in the sphere of prevention and counteraction to domestic violence

1. State policy in the sphere of prevention and counteraction to domestic violence is aimed at providing integrated integrated approach to overcoming domestic violence, rendering full assistance to injured persons and approval of nonviolent nature of the private relations.

2. The main directions of realization of state policy in the sphere of prevention and counteraction to domestic violence are:

1) prevention of domestic violence;

2) effective response to the facts of domestic violence by introduction of the mechanism of interaction of the subjects performing measures in the sphere of prevention and counteraction to domestic violence;

3) assistance and protection to injured persons, ensuring the indemnification caused by domestic violence;

4) proper investigation of the facts of domestic violence, involvement of offenders to the responsibility provided by the law and change of their behavior.

Article 6. The subjects performing measures in the sphere of prevention and counteraction to domestic violence

1. The subjects performing measures in the sphere of prevention and counteraction to domestic violence are:

1) specially authorized bodies in the sphere of prevention and counteraction to domestic violence;

2) other bodies and organizations to which functions on implementation of actions in the sphere of prevention and counteraction to domestic violence are assigned;

3) general and specialized support services of victims;

4) the citizens of Ukraine, foreigners and stateless persons which are in Ukraine on legal causes.

2. Specially authorized bodies in the sphere of prevention and counteraction to domestic violence are:

1) the central executive body providing forming of state policy in the sphere of prevention and counteraction to domestic violence;

2) the central executive body realizing state policy in the sphere of prevention and counteraction to domestic violence;

3) Council of Ministers of the Autonomous Republic of Crimea, local public administrations, including their structural divisions into which power implementation of actions in the sphere of prevention and counteraction to domestic violence is included;

4) rural, settlement, city, district in the cities (in case of their creation) councils, their executive bodies into which power implementation of actions in the sphere of prevention and counteraction to domestic violence is included.

3. Treat other bodies and organizations to which functions on implementation of actions in the sphere of prevention and counteraction to domestic violence are assigned:

1) services for children;

2) authorized divisions of bodies of National police of Ukraine;

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