On current legislative initiatives to improve the prevention and combating of domestic violence in Ukraine

The article examines current legislative initiatives in the field of preventing and combating domestic violence in Ukraine, in particular the provisions of the Draft Law of Ukraine “On Amendments to the Law of Ukraine ‘On Prevention and Combating Domestic Violence’ to Improve the Mechanism of Prevention and Combating Domestic Violence” (No. 6074 of September 20, 2021). The relevance of the scientific analysis of this draft law is justified in the context of the need to improve Ukrainian legislation in accordance with international legal standards and Ukraine’s obligations in the field of European integration. Special attention is given to the provisions proposing the introduction in Ukraine of the “Blue Cards” procedure, modeled after the Polish experience, as a preventive tool for working with families where instances of domestic violence have been identified. A comparative analysis is conducted between the procedure proposed in the draft law and the relevant provisions of the Law of the Republic of Poland “On Counteracting Domestic Violence” of July 29, 2005, and the Regulation of the Council of Ministers of Poland “On the ‘Blue Cards’ Procedure and Samples of the ‘Blue Cards’ Forms” of September 13, 2011. It is determined that the proposed version of Draft Law No. 6074 has certain shortcomings related to the lack of clarity in the procedural aspects of implementing the “Blue Cards”; the uncertainty of entities responsible for carrying out correctional and educational programs; and the insufficient alignment with the existing system of legal liability measures for committing domestic violence, including administrative liability. It is concluded that Ukraine’s international treaties, soft law instruments, and other international documents in this field set only general guidelines for states in preventing domestic violence, leaving countries free to determine the forms and means of implementing preventive activities. It is proposed to take into account the experience of Poland and other European states, considering the specific features of Ukraine’s legal system, and to ensure a comprehensive approach to improving the mechanisms for preventing and combating domestic violence in Ukraine.