Fighting Domestic Violence

Ukraine

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6. Special issues
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6. Special issues Start Comparison
6.1 Battered woman syndrome
6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)
Battered woman syndrome is unknown in Ukrainian judicial practice. Such evidence can be presented only in order to prove self-defense.[128] Ukrainian legislation does, however, contain the basis for an exemption from criminal liability due to extreme emotional disturbance, which influences the subject's objective analysis of the situation.[129]
6.2 Domestic violence in the workplace
6.2.1 Can courts issue orders to protect employees suffering from domestic violence?
No special provisions have been found.
6.2.2 Can departure be deemed "for good cause" if related to domestic violence?
Labor laws do not have a list of "good causes" for the departure of an employee. Therefore, employers should decide on their own whether the reason for departure is justifiable.[130]
6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

Labor laws do not provide for a special type of leave for victims of domestic violence or their family members. Due to family circumstances, an employee may be granted (at the employer's discretion) unpaid leave for the period agreed between the employer and the employee, or may ask for annual paid leave.

Annual paid leave

Under the Labor Code, the dates of the annual vacation of each employee are to be planned in advance and indicated in the vacation schedule for the calendar year (to be adopted not later than two weeks before the new year).[131] The vacation period approved in the schedule can be postponed by agreement with the employer.[132]

Unpaid leave

Due to family circumstances and for other justifiable reasons, an employee may be granted (at the employer's discretion) unpaid leave for a period agreed between the employer and the employee.

The employer is obliged to provide unpaid leave to certain categories of employees, for example, disabled employees (up to 60 calendar days per year), all employees in cases of childbirth, registration of a marriage (up to 10 calendar days) and death of close relatives (up to seven calendar days).[133]
6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?
No special provisions have been found.
6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?

No special provisions have been found.

6.3.3 Does domestic violence law discuss asylum accessibility?

According to the Law of Ukraine On Refugees and Persons in Need of Additional or Temporary Protection,[134] refugees have the right to stay in a refugee temporary accommodation center. Within the meaning of the procedure for temporary accommodation of refugees, no fee is charged for such accommodation.

According to the Law On Preventing and Combating Domestic Violence, a victim can be placed in a shelter for safe temporary residence. The law states that asylums are free of charge.[135]

There are no provisions in the laws that would guarantee accessibility of temporary refugee accommodation centers or asylums for victims of domestic violence.

According to the media, there are 37 asylums in Ukraine.[136]

6.4 Armed forces
6.4.1 Can a victim seek a military protective order if the abuser is in active military?

There is no such thing as a military protective order. The only way for a victim to protect herself/himself from a military abuser is the statement to the police or to the court about the fact of domestic violence. Following that statement, the police or court can issue an emergency protection order or court restraining order (or restraining order in case of initiated criminal proceeding) and take certain measures to prevent violence (such as placing a victim in asylum or detaining the abuser).

Until recently, the military carried disciplinary responsibility in accordance with the Disciplinary Codes for committing domestic violence or violation of emergency protection order prohibitions.[137],[138] On 1 August 2021, the Law On Amendments to the Code on Administrative Offenses to Strengthen Responsibility for Committing Domestic Violence and Gender-Based Violence entered into force.[139] According to the amendments, the military is liable on common administrative provisions for committing domestic violence, gender-based violence, failure to comply with emergency protection order provisions or failure to inform the police about the place of the abuser's temporary stay in the event of such an order.
6.5 Child custody and child/spousal support
6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

The laws do not have special provisions regarding custody as a result of domestic violence. According to the Law On Preventing and Combating Domestic Violence, court or guardianship authorities when considering disputes regarding children and parental rights should take into account the facts of domestic violence against the child or in his/her presence.[140]

A child who has suffered from violence and/ cruel treatment must be provided with medical, social and psychological assistance.[141] The child can be placed with relatives, in the family of a foster caregiver, in a center for social and psychological rehabilitation of children, into the shelter of the service for children or other institutions for children.[142]

6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?
No special provisions have been found.
6.6 Housing rights of domestic violence victims
6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?
No special provisions have been found.
6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?
No special provisions have been found.
6.6.3 Can an order exclude the abuser from the residence?

Yes, the court can issue a civil protection order[143] to the abuser with the obligation to leave the victim's place of residence, a ban on staying at the victim's place of residence, a ban on contact with the victim, which implies the impossibility of living in the same place.[144] This will also apply to the shared place of residence of the victim and the perpetrator regardless of their property rights to the relevant residential premises.[145] The only exception may apply to an abuser who is under the age of 18 at the time of the order.[146]

The Law On Preventing and Combating Domestic Violence enables victims to file a civil report, following which they can apply for a protection order, or file a civil claim for cost and restitution.[147]
6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?

The only way to prevent alienation of family domicile that is the abuser's property is to sue and demand a limit to legal capacity.[148] However, that will be effective only if an abuser has pathological cravings for gambling, or for abusing alcohol or drugs.

The court may prohibit the defendant from performing certain actions in the civil process. However, limitation of ownership requires solid justification.

In the criminal proceedings, the abuser's property can be arrested.[149] However, the only goal for that is providing material or moral compensation.

There is no specific procedure in the Law On Preventing and Combating Domestic Violence.

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