Homepage Search this site
About Us
What is Legislationline.org? Legislative Support Unit Factsheet
Search by Topic
Administrative Justice Anti-Discrimination Citizenship Elections Counter-Terrorism Gender Equality Migration Trafficking in Human Beings Freedom of Peaceful Assembly Freedom of Association Political Parties Access to Information and Data Protection Fair Trial (Right to a) Judicial and Prosecution Systems Hate Crimes Freedom of Religion or Belief National Human Rights Institutions National Minorities
Search by Country
Site map
Contact:legislationline@odihr.pl
 

Law of Ukraine on Amending Certain Legislative Acts of Ukraine Concerning Improvement of Legislation Combating Domestic Violence (2008)

Unofficial translation

LAW OF UKRAINE

On Amending Certain Legislative Acts of Ukraine Concerning Improvement of Legislation Combating Domestic Violence

(The Journal of the Verkhovna Rada of Ukraine (JVR), 2009, No 13, page 153)

 The Verkhovna Rada of Ukraine hereby d e c r e e s:
 
 I. To amend the following legislative acts of Ukraine:

 1. The Code of Administrative Offenses of Ukraine (80731-10, 80732-10) (The Journal of the Verkhovna Rada of Ukrainian S.S.R., 1984, Annex to No 51, page 1122):

 1) Article 173-2 shall be revised as follows:

 "Article 173-2. Committing Domestic Violence, Breaching Restraining Order,
    or Failure to Attend Correctional Program

 Domestic violence, i.e. any deliberate physical, psychological, or economic actions (use of physical violence without causing physical pain and bodily injuries, threats, insulting or stalking, deprivation of housing, food, clothes, other property or money to which victim has right given to him by law, etc.) which could or have resulted in damage to physical or mental health of victim, as well as breach of restraining order by person whom this order concerns and failure to attend correctional program by person who committed domestic violence –
 is punishable by fine in the amount of three to five times the amount of minimum individual income before taxes, or by correctional work for the period of up to one month and withholding of twenty percent of the earned amount, or, if circumstances of the case (considering offender’s personality) will warrant the above measures insufficient, by administrative arrest for the period of up to five days.

 The same actions committed by person against whom administrative charges were brought for committing any type of offense mentioned above during one year –
 are punishable by fine in the amount of five to ten times the amount of minimum individual income before taxes, or by correctional work for the period between one and two months and withholding of twenty percent of the earned amount, or, if circumstances of the case (considering offender’s personality) will warrant the above measures insufficient, by administrative arrest for the period of up to fifteen days".

 2) Article 262 (2) (1): words "committing domestic violence" shall be inserted after words "when committing petty hooliganism";

 3) Article 263 (4): words "domestic violence" shall be inserted after words "persons who committed petty hooliganism";

 4) Article 277 (2): number "173-2" shall be inserted after number "173-1".

 2. The Law of Ukraine On Preventing Domestic Violence (2789-14) (The Journal of the Verkhovna Rada of Ukraine, 2002, No 10, page 70; 2007, No 15, page 194):

 1) Article 1:

 the following new indent shall be inserted after indent six:

 "family members: persons married to each other; persons living as family but not married to each other; their children; persons under guardianship or care; are direct or indirect relatives living together".

 Consequently, indents seven to eleven shall be considered indents eight to twelve, respectively;

 indent twelve is to be deleted;

 the following indent thirteen shall be added:

 "correctional program means program aimed at formation of humanistic values and nonviolent behavior in family in person who committed domestic violence";

 2) Article 3 (1) (2) and (4) shall be revised as follows:

 "2) bodies of law enforcement agencies concerned";

 "4) specialized institutions for persons who committed domestic violence and their victims:
 crisis centers for members of families where domestic violence was committed or where there is a real threat of domestic violence (hereinafter referred to as crisis centers);
 centers for medical and social rehabilitation of victims of domestic violence";

 3) Article 5:

 indents three and four shall be revised as follows:

 "coordinates work of respective bodies of law enforcement agencies, care and guardianship institutions on the matters of prevention of domestic violence;
 determines needs of Ukrainian regions in specialized institutions for victims of domestic violence and organizes establishment of these institutions";

 the following new indent shall be inserted after indent five:

 "develops and approves methodological recommendations concerning correctional program and organizes provision of crisis centers with these methodological recommendations".

 Consequently, indents six to twelve shall be considered indents seven to thirteen, respectively;

 the following two new indents shall be inserted after indent ten:

 "organizes and carries on educational and explanatory work among the public about the problem of domestic violence and measures which can be taken to prevent domestic violence;
 organizes attendance of correctional program by persons who committed domestic violence".

 Consequently, indents eleven to thirteen shall be considered indents thirteen to fifteen, respectively;

 4) Article 6 title and part 1 shall be revised as follows:

 "Article 6. Powers of Bodies of Law Enforcement Agencies Concerned to Prevent
   Domestic Violence

 1. Bodies of law enforcement agencies concerned with prevention of domestic violence include department of police precinct inspectors and criminal police for children’s affairs, responsible for:
 finding reasons and conditions which lead to instances of domestic violence and taking actions within scope of their powers to eliminate these reasons and conditions;
 preventive registration of persons inclined towards domestic violence, and for educational and preventive work with these persons;
 visiting families members of which are on preventive file at the place of their residence, and for preventive work with these families;
 making official warning to family members on unacceptability of domestic violence;
 accepting and reviewing (within scope of their powers given by law) statements and information about domestic violence or about real threat of domestic violence;
 taking necessary actions to stop domestic violence and actions of family members aimed at fulfillment of real threat of committing domestic violence;
 informing members of family where there is real threat of domestic violence or where domestic violence was committed about rights, measures, and services which they may exercise or use;
 sending victims of domestic violence to specialized institutions for persons who committed domestic violence and victims of domestic violence;
 issuing restraining orders in the cases provided by this Law;
 controlling compliance with requirements of restraining orders;
 sending persons who committed domestic violence to crisis centers to attend correctional program;
 cooperation with specially authorized executive agency on the matters of prevention of domestic violence, with guardianship and care agencies and specialized institutions for persons who committed domestic violence and victims of domestic violence on the matters of prevention of domestic violence;
 providing information on the matters of prevention of domestic violence upon inquiry from authorized agencies;
 exercise other powers concerning prevention of domestic violence provided by law";

 5) indent three of Article 7: words "committed domestic violence or" shall be inserted after word "who";

 6) Article 8 (3) shall be revised as follows:

 "3. Crisis center staff is responsible for:
 receiving persons who committed domestic violence to attend correctional program;
 organizing necessary psychological, pedagogical, medical, legal assistance to family members who may become or became victims of domestic violence;
 developing correctional programs and organizing attendance of these programs by persons who committed domestic violence;
 providing, if possible, shelter for temporary stay to family members who may become or became victims of domestic violence;
 informing members of family where there is a real threat of domestic violence or where domestic violence was committed about rights, measures, and services which they may exercise or use;
 informing department of police precinct inspectors or criminal police for children’s affairs about instances of real threat of use of violence in family or instances of domestic violence;
 studying and generalizing reasons and conditions of specific instances of domestic violence;
 providing information on the matters of prevention of domestic violence upon inquiry from authorized agencies;
 ensuring confidentiality of information about persons who went to crisis center for help;
 cooperation with mass media and public organizations in sphere of educational and explanatory work on the matters of prevention of domestic violence";

 7) Article 9 (2): words "if they did not suffer from violence committed by any of them" shall be inserted after words "legal guardian or caretaker";

 8) Article 10 (3) shall be revised as follows:
 "3. If a person has committed domestic violence after receiving official warning about unacceptability of domestic violence, this person must be sent to a crisis center to attend correctional program, and a restraining order may be issued to this person in the cases and according to the procedure provided by this Law.
 Attendance of correctional program by this person is a mandatory requirement";

 9) Article 11 shall be deleted;

 10) Article 13 (5): number "30" shall be replaced with number "90".

 II. Final provisions

 1. This Law shall enter into force on 1 January 2009.

 2. Within six months from the effective date of this Law the Cabinet of Ministers of Ukraine shall:
 bring their normative regulatory acts into conformity with this Law;
 ensure that ministries and other central executive authorities of Ukraine have brought their normative regulatory acts into conformity with this Law.


 President of Ukraine      V. Yuschenko

 Kyiv, 25 September 2008
 No 599-VI


back