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The document ceased to be valid since January 7, 2018 according to part 2 of the Section IX of the Law of Ukraine of December 7, 2017 No. 2229-VIII

LAW OF UKRAINE

of November 15, 2001 No. 2789-III

About the prevention of violence in family

(as amended on 23-12-2015)

This Law determines legal and organizational basis of the prevention of violence in family, bodies and organizations to which implementation of measures for the prevention of violence in family is assigned.

Section I. General provisions

Article 1. Determination of terms

For the purposes of this Law the stated below terms are used in the following value:

violence in family - any intentional actions of physical, sexual, psychological or economic orientation of one family member in relation to other family member if these actions violate constitutional rights and freedoms of the family member as man and citizen and cause it moral damage, harm to his physical or mental health;

physical abuse in family - intentional drawing by one family member to other member of the family of beating, bodily harms that can bring or led to the death of the victim, violation of physical or mental health, causing damage of his honor and advantage;

sexual violence in family - illegal infringement of one family member of sexual integrity of other family member, and also action of sexual nature in relation to the child who is the member of this family;

psychological violence in family - the violence connected with action of one family member on mentality of other family member by harsh languages or threats prosecutions, intimidations which intentionally cause emotional uncertainty inability to protect itself and can be done or harm is done to mental health;

economic violence in family - intentional deprivation by one member of the family of other member of the family of housing, food, clothes and other property or means to which the victim has the right provided by the law that can lead to his death, cause violation of physical or mental health;

family members - persons who are married; living one family, but not married among themselves; their children; persons which are on care or under guardianship; being relatives of the direct or indirect line of relationship on condition of cohabitation;

the victim of violence in family - the family member who was affected by physical, sexual, psychological or economic abuse from other family member;

the prevention of violence in family - system of the social and special measures directed to elimination of the reasons and conditions promoting making of violence in family the termination of violence in family which prepares or already began, accountability of persons guilty of making of violence of family, and also medico-social resettlement of victims of violence in family;

real threat of making of violence in family - threat of making by one family member concerning other member of the family of the intentional actions provided by the paragraph the second this Article if there are real bases to expect it accomplishment;

the protective instruction - special form of reaction authorized divisions of bodies of National police concerning protection of the victim of violence in family which to person who committed violence in family are forbidden to make certain actions concerning the victim of violence in family;

the correctional program - the program directed to forming of humanistic values and not violent behavior model in family of person who committed violence in family.

Article 2. The legislation on the prevention of violence in family

The legislation on the prevention of violence in family consists of the Constitution of Ukraine, this Law, other regulatory legal acts governing the relations according to the prevention of violence in family.

Article 3. Bodies and organizations to which implementation of measures for the prevention of violence in family is assigned

1. Implementation of measures for the prevention of violence in family within the powers conferred to them is assigned on:

1) the central executive body providing forming of state policy concerning the prevention of violence in family;

1-1) central executive bodies realizing state policy concerning the prevention of violence in family;

2) authorized divisions of bodies of National police;

3) guardianship and custody bodies;

4) specialized agencies for persons who committed violence in family and the victims of such violence:

the crisis centers for members of families in which violence in family is committed or there is real threat of its making (further - the crisis centers);

the centers of medico-social resettlement of victims of violence in family.

2. Executive bodies, local government bodies, the companies, organizations and the organizations irrespective of pattern of ownership, associations of citizens, and also certain citizens can assist in implementation of measures for the prevention of violence in family.

Article 4. The bases for taking measures to the prevention of violence in family

1. The bases for taking measures to the prevention of violence in family are:

the statement for the help of the victim of violence in family or the family member concerning whom there is real threat of making of violence in family;

expressed by the victim of violence in family or the family member concerning whom there is real threat of making of violence in family, desire on taking measures to the prevention of violence in family if the message or the statement arrived not from it personally;

receipt of the message on use of violence in family or real threat of its making concerning the child who is the member of this family or the incapacitated family member.

2. The statement and the message on use of violence in family or real threat of its making are accepted at the place of residence of the victim by the bodies specified in Items 1 and 2 of part one of article 3 of this Law.

3. Body in which the statement arrived or the message on making of violence in family or real threat of its making arrived, considers the application or the message and takes within the powers the measures for the prevention of violence provided by the law in family.

4. The procedure for consideration of the applications and messages on making of violence affirms as family or real threat of its making the Cabinet of Ministers of Ukraine.

Section II. Bodies and organizations to which implementation of measures for the prevention of violence in family is assigned

Article 5. Powers of the central executive body providing forming of state policy concerning the prevention of violence in family and the central executive body realizing state policy concerning the prevention of violence in family

The central executive body providing forming of state policy concerning the prevention of violence in family:

develops and approves methodical recommendations concerning passing of the correctional program and organizes providing the crisis centers with such methodical recommendations;

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