There are a number of legal remedies for domestic violence victims, such as the following:[17],[18],[19]
- issuance of an emergency protection order by the police
- issuance of a restraining order by a court (under the civil procedure law) against a person who has committed domestic violence
- issuance of a restraining order by a court (under the criminal procedure law) against a person who has committed domestic violence
- detention (under the common criminal procedure law provisions) of a person who has committed domestic violence
- temporary placement of the victim of domestic violence in a safe place
The constitution does not specifically identify protection against domestic violence as a human right. However, it falls under the general principle indicated in Article 28:
Everyone has the right to respect of his or her dignity. No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his or her dignity. No person shall be subjected to medical, scientific or other experiments without his or her free consent.
In addition, the Law On Preventing and Combating Domestic Violence is based on the principle of compliance with international standards in the field of human rights and gender equality.[20]
The inclusion of the word "gender" in the title of the convention appears to be preventing the ratification, although the main provisions have been given legal effect in recent legislation.[22]
Certain commentators are of the view that there is much work to be done on enforcement and changing attitudes.[23]
In June 2020, the Ministry of Social Policy of Ukraine has developed a draft law on the ratification of the Istanbul Convention. Its revised version is now under consideration by the Ministry of Foreign Affairs.[24],[25] Therefore, the ratification of the convention is on the cards.The Convention on the Elimination of All Forms of Discrimination against Women[26] is applicable to this issue. Ukraine is a party to this convention[27] and regularly submits reports on its implementation.[28]
Implementation of the recommendation resulted in the reform of legislation on domestic and sexual violence. In 2017, the president signed the Law of Ukraine On Preventing and Combating Domestic Violence replacing the outdated law. That law provided the main provisions for protection against domestic violence as a human right and corresponding amendments to several other laws: (i) Law of Ukraine On Ensuring Equal Rights and Opportunities for Women and Men; (ii) Code of Administrative Offenses; (iii) Criminal Code; (iv) Civil Procedure Code of Ukraine; (v) Law of Ukraine On Child Protection; (vi) Law of Ukraine On Social Work with Family, Children and Youth; and (vii) Law of Ukraine On Free Legal Aid.
Previously, perpetrators of domestic violence could only face administrative procedures. Now, under the Law of Ukraine On Preventing and Combating Domestic Violence and corresponding amendments, criminal liability has been established. The reform also establishes an emergency protection order that can be issued by national police for up to 10 days and extended by the court.