POSITIONS OF THE SUPREME COURT ON PROBLEM ASPECTS OF COURT PRACTICE IN THE FIELD OF COMBATING DOMESTIC VIOLENCE

Abstract

The article summarizes the Ukrainian Supreme Court's case law on combating do-mestic violence. For this purpose, the author uses the method of searching for relevant sci-entific studies and relevant court decisions, the methods of their analysis and synthesis. The author finds out that the Criminal Cassation Court has defined a broader scope of the concept of "crime related to domestic violence" than the concept of "domestic vio-lence". The court also found that the previous bringing of a person to administrative liability for committing domestic violence does not indicate double legal liability of the same type. The court recognized as an aggravating circumstance the commission of a crime against a person with whom the perpetrator is in a close relationship, regardless of the fact of cohab-itation. In its turn, the Civil Cassation Court substantiated that the case file should contain a system of proper and admissible evidence. The court recognized that the constant use of threats, insults, and profanity in communication with family members should be qualified as psychological domestic violence. The Court emphasized that a court's imposition of a restraining order is a legitimate and temporary measure of interference with property rights. The Supreme Court also noted that the courts must assess the proportionality of the measures and terms of interference with the rights and freedoms of the offender based on the established circumstances of the case and the assessment of risk factors for repeated domestic violence. The Administrative Cassation Court noted that proving the fact of domestic violence through an internal investigation must contain appropriate and admissible evidence. The court noted that the closure of administrative proceedings under Art. 172-3 of the Code of Administrative Offenses does not mean that an urgent restraining order against the same person is unlawful. The court recognized the possibility of conducting a survey, filling out a domestic violence risk assessment form and issuing an urgent restraining order by differ-ent police officers. A further area of scientific research is to determine the effectiveness of various legal, organizational and psychological tools for combating domestic violence.