Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 79
Octubre
Diciembre
2023
Recibido el 11/09/23 Aceptado el 05/10/23
ISSN 0798-1406 ~ Depósito legal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión ycon fron ta cióndelasideas y avan ces cien tí fi coscon com pro mi soso cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nilda Marín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 79 (2023), 142-155
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Prevention of domestic violence
as one of the priority areas of preventive
policing: Legal regulations and
international experience
DOI: https://doi.org/10.46398/cuestpol.4179.10
Ivan Ishchenko *
Oleksandr Korol **
Nataliia Hridina ***
Mykola Tyshlek ****
Nadiya Nosevych *****
Abstract
The aim of the research was to study the norms of the current
Ukrainian and international legislation, the positions of scientists,
educational and reference literature, as well as statistical data, to
determine the legal position of the National Police as a subject of
prevention and countermeasures against families’ victims of violence. In its
basic content the article discloses the legal position of the National Police
as a subject of prevention and action against domestic violence, performing
preventive, police and human rights protection functions. In this context, it
was determined that the National Police, as a public authority, implements
special measures to prevent and counteract domestic violence, applying,
if necessary, administrative coercive measures against oenders. The
methodological basis of the research was the comparative legal and
systemic analysis, the formal legal method, the method of interpretation,
the hermeneutic method, as well as the methods of analysis and synthesis.
As a conclusion it is noted that an important aspect of improving the
activities of the National Police in Ukraine is to build condence in the
aected families, who are afraid to report the facts of domestic violence for
fear of condemnation from the society.
* PhD., in law, head of the Main Directorate of the National Police in Vinnytsia Region, Ukraine. ORCID
ID: https://orcid.org/0000-0003-0873-5207. Email: Ishchenko_Ivan@ukr.net
** PhD., in law, Senior Lecturer of the Department of Police Activity and Public Administration, Ukraine.
ORCID ID: https://orcid.org/0009-0007-4203-4443. Email: korol.vn2727@gmail.com
*** Doctor of Philosophy, Lecturer of the Department of Police Activity and Public Administration,
Ukraine. ORCID ID: https://orcid.org/0000-0001-8499-074X. Email: gridinanatalia08@gmail.com
**** Dean of faculty №2, Donetsk State University of Internal Aairs. Ukraine. ORCID ID: https://orcid.
org/0009-0001-7221-6519. Email: tyshlek.n@gmail.com
***** PhD., in Law, Head of the Department of Law Enforcement Activities and Police Science, Faculty 1,
Kryvyi Rih Research and Education Institute, Donetsk State University of Internal Aairs, Kryvyi Rih,
Ukraine. ORCID ID: https://orcid.org/0000-0002-1112-9788.
143
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 142-155
Keywords: international experience; domestic violence; legal regulation;
preventive tasks; police units of preventive activities.
Prevención de la violencia doméstica como una de
las áreas prioritarias de la actividad policial preventiva:
Normativa legal y experiencia internacional
Resumen
El objetivo de la investigación fue estudiar las normas de la legislación
ucraniana e internacional vigente, las posiciones de los cientícos,
literatura educativa y de referencia, así como datos estadísticos, para
determinar la posición jurídica de la Policía Nacional como sujeto de
prevención y contramedidas contra familias victimas de violencia. En su
contenido básico el artículo da a conocer la posición jurídica de la Policía
Nacional como sujeto de prevención y acción contra la violencia doméstica,
desempeñando funciones preventivas, policiales y de protección de los
derechos humanos. En este contexto, se determinó que la Policía Nacional,
como autoridad pública, implementa medidas especiales para prevenir y
contrarrestar la violencia doméstica, aplicando, de ser necesario, medidas
de coerción administrativa contra los infractores. La base metodológica de
la investigación fue el análisis jurídico y sistémico comparativo, el método
jurídico formal, el método de interpretación, el método hermenéutico, así
como los métodos de análisis y síntesis. Como conclusión se observa que un
aspecto importante para mejorar las actividades de la Policía Nacional en
Ucrania es generar conanza en las familias afectadas, que temen denunciar
los hechos de violencia doméstica por temor a la condena de la sociedad.
Palabras clave: experiencia internacional; violencia doméstica;
regulación legal; tareas preventivas; unidades policiales
de actividades preventivas.
Introduction
Bringing the standards of professional training and ocial activities
for the prevention of domestic violence by the police units carrying out
preventive activities of the National Police of Ukraine in line with the
generally recognized norms and standards in international relations, as
well as the relevant standards of European and other countries is one of the
main directions of reforming the law enforcement system of Ukraine.
144
Ivan Ishchenko, Oleksandr Korol, Nataliia Hridina, Mykola Tyshlek y Nadiya Nosevych
Prevention of domestic violence as one of the priority areas of preventive policing: Legal
regulations and international experience
According to the new administrative and territorial structure, the
Resolution of the Verkhovna Rada of Ukraine dated July 17, 2020. No.
807-IX “On the Formation and Liquidation of Districts” (Law of Ukraine,
2020) has introduced new organizational and sta changes in the structure
of territorial bodies, police units that determines the development and
denition of the following categories: goals, objectives of activities,
structural and organizational, and competence elements aimed at ensuring
human rights and freedoms, the interests of society and the state, and
domestic violence prevention.
1. Literature review
The works of administrative scientists are devoted to the general
theoretical aspects of the organizational and legal basis of the police
of Ukraine. As for the study of the goals, objectives, forms and methods
of activity of the units of the preventive service of the National Police of
Ukraine for the prevention of domestic violence in the modern Ukrainian
administrative legislation and in the context of reforming the system of
the Ministry of Internal Aairs (hereinafter referred to as the Ministry of
Internal Aairs) of Ukraine, there are only isolated scientic developments
(Nehodchenko, 2003).
The goal of the article is to dene the powers of preventive police units
to prevent domestic violence, as well as to disclose the main organizational
and legal forms, methods and measures in the eld of preventing domestic
violence.
2. Materials and methods
The study is based on the works of foreign and Ukrainian researchers
on methodological approaches to understanding the preventive activities of
the National Police of Ukraine in countering domestic violence under the
current scenario.
The application of the epistemological method has enabled to clarify
the essence of the preventive activity of the National Police of Ukraine on
countering domestic violence, the logical and semantic method - to deepen
the conceptual apparatus and to determine the essence of the preventive
activity of the National Police of Ukraine on countering domestic violence
in the present settings.
To get an idea of the specics of the preventive activities of the National
Police of Ukraine in countering domestic violence in the present settings over
the past ve years, we have analyzed statistical data, which, unfortunately,
145
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 142-155
are not based on all the canons of statistical generalization, since we have
not had access to all blocks of information, but thanks to the available data,
we have managed to analyze the preventive activities of the National Police
of Ukraine in countering domestic violence in the present.
3. Results and discussion
In accordance with paragraph 5 of Article 1 of the Law of Ukraine
“On Prevention and Counteraction to Domestic Violence”, prevention of
domestic violence means the system of measures implemented by executive
authorities, local self-government bodies, enterprises, institutions and
organizations, as well as citizens of Ukraine, foreigners and stateless
persons who are in Ukraine legally, and aimed at raising public awareness
of the forms, causes and consequences of domestic violence, forming an
intolerant attitude to violent behavior in private relations, caring attitude
to aected persons, primarily to aected children, eliminate discriminatory
attitudes about the social roles and responsibilities of women and men, as
well as any customs and traditions based on them.
The powers of the preventive units of the National Police of Ukraine in
the eld of preventing and countering domestic violence include:
1. identication of facts of domestic violence and timely response to
them;
2. receiving and reviewing applications and reports of domestic
violence, including consideration of reports received by the call
center for preventing and countering domestic violence, gender-
based violence and violence against children, taking measures to
stop it and provide assistance to aected persons, taking into account
the results of risk assessment in accordance with the procedure
determined by the Central Executive Authority that ensures the
formation of state policy in the eld of preventing and countering
domestic violence, together with the National Police of Ukraine;
3. informing aected persons about their rights, measures and social
services that they may use;
4. issuing urgent restraining orders against abusers;
5. taking abusers for preventive registration and conducting preventive
work with them in accordance with the procedure established by
law;
6. monitoring the implementation of special measures to counteract
domestic violence by abusers during their validity period;
146
Ivan Ishchenko, Oleksandr Korol, Nataliia Hridina, Mykola Tyshlek y Nadiya Nosevych
Prevention of domestic violence as one of the priority areas of preventive policing: Legal
regulations and international experience
7. cancellation of permits for the right to purchase, store, carry weapons
and ammunition to their owners in the event of domestic violence,
as well as the seizure of weapons and ammunition in accordance
with the procedure established by law;
8. interaction with other bodies that carry out measures in the eld
of preventing and countering domestic violence, in accordance with
Article 15 of this Law;
9. reporting to the Central Executive Authority, implementing the state
policy in the eld of preventing and countering domestic violence,
on the results of the exercise of powers in this area in accordance
with the procedure determined by the Central Executive Authority
that ensures the formation of state policy in the eld of preventing
and countering domestic violence (Law of Ukraine, 2015).
Of particular note is that in accordance with the Order of the Ministry
of Internal Aairs dated December 19, 2017 No. 1044 “On Approval of
Instructions for Organizing the Work of Juvenile Prevention Units of the
National Police of Ukraine” (Law of Ukraine, 2017), the main tasks are as
follows:
• preventive activities aimed at preventing children from committing
criminal and administrative oenses, identifying the causes and
conditions that contribute to this, and taking measures within their
competence to eliminate them;
• keeping preventive records of children who are prone to committing
oenses, and conducting individual prevention measures with them;
• participation in establishing the location of the child in the event
of his/her unknown disappearance or obtaining data for this
purpose in the criminal proceedings opened on the fact of the child’s
unknown disappearance;
• taking measures to prevent and counteract domestic violence
committed by and against children, as well as child abuse;
• taking measures to prevent child neglect, including the
implementation of police custody of minors;
• carrying out activities related to the protection of the child’s right to
general secondary education.
Special measures to combat domestic violence include:
1. an emergency prohibition order against the abuser;
2. a prohibitory injunction order against the abuser;
3. taking the abuser on preventive registration, conducting preventive
work with the abuser;
147
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 142-155
4. referral of the abuser to the abuser program.
In accordance with paragraph 16 of Article 1 of the Law of Ukraine “On
Preventing and Countering Domestic Violence”, an emergency prohibition
order is a special measure to counteract domestic violence, which is used by
authorized units of the National Police of Ukraine as a response to the fact of
domestic violence and is aimed at immediately stopping domestic violence,
eliminating the danger to the life and health of victims and preventing the
continuation or repetition of such violence (Law of Ukraine, 2017).
This emergency prohibition order is issued if there is an immediate
threat to the life or health of the injured person in order to immediately
stop domestic violence, prevent its continuation or recommission. This
legal instrument is regulated in more detail in Article 25 of this Law.
Measures that may be applied on the basis of an emergency prohibition
order include: an obligation for the abuser (the person who has committed
domestic violence) to leave the place of residence (stay) of the injured
person; a ban on the abuser to enter and stay in the place of residence (stay)
of the injured person; a ban on the abuser in any way to contact the injured
person. In relation to minor abusers who have a common place of residence
(stay) with the injured person, these rst two measures are not subject to
application.
It should be noted that the Law of Ukraine “On Preventing and Countering
Domestic Violence” gives the safety of the aected person priority even over
the property rights of persons to housing (Law of Ukraine, 2017). Therefore,
part 3 of Article 25 of this Law provides for the possibility of issuing an
emergency prohibition order in relation to residential premises that belong
exclusively to the oender, provided that such housing is the place of joint
residence (stay) of the injured person and the oender.
At the same time, the police are empowered to evict the oender from
such residential premises, if the emergency prohibition order provides for
an obligation to leave the place of residence (stay) of the injured person,
and the oender refuses to voluntarily leave it. The urgency and out-of-
court nature of the adoption determine the validity period of an emergency
prohibition order, which is not more than ten days.
Consequently, an emergency prohibition order is applied by the police
if there is a threat to the injured person and for the purpose of immediately
countering an act of domestic violence. That is, at the time of issuing this
order, the person in respect of whom it is issued has not been found guilty of
committing domestic violence in criminal proceedings or an administrative
oense.
In general, this approach is somewhat similar to the detention of a
suspected person during the commission of a crime or after its commission,
148
Ivan Ishchenko, Oleksandr Korol, Nataliia Hridina, Mykola Tyshlek y Nadiya Nosevych
Prevention of domestic violence as one of the priority areas of preventive policing: Legal
regulations and international experience
if the set of signs indicates that this particular person has committed a crime
(Article 208 of the Criminal Procedure Code), which takes place before
the commencement of a pre-trial investigation (in other words, before the
opening of criminal proceedings).
By this analogy, in our opinion, the issuance of an emergency prohibition
order should be accompanied by other procedural actions of the police,
namely, drawing up a protocol on an administrative oense (Article 173-2
of the Code of Ukraine on Administrative Oenses) or entering information
on the relevant criminal oense in the Unied Register of Pre-Trial
Investigations.
Unlike an emergency prohibition order, a prohibitory injunction order
is issued by the court on the basis of an appeal from interested parties,
and therefore allows for a much wider range of possible restrictions on the
rights of the oender, longer periods. In particular, the measures that may
be applied to the abuser on the basis of a prohibitory injunction order are:
1. prohibition to stay in a place of cohabitation (stay) with the injured
person;
2. removal of obstacles in the use of property that is the object of the
right of common joint ownership or personal private property of the
injured person; (3) restriction of communication with the injured
child; (4) prohibition to approach a certain distance to the place of
residence (stay), study, work, other places of frequent visit of the
injured person; (5) prohibition to personally and through third
parties search for the injured person if he/she is at his/her own
request in a place unknown to the oender, pursue him/her and
communicate with him/her in any way; (6) prohibition to conduct
correspondence, telephone conversations with the aected person
or to contact him/her through other means of communication
in person and through third parties. It is worth noting that the
prohibitory injunction order may provide for the application of
several of these measures at once.
Similarly, to an emergency prohibition order, a prohibitory injunction
order may not contain measures that restrict the right of residence or stay
of a minor abuser in the place of his/her permanent residence (stay). The
issuance of a prohibitory injunction order is carried out by making a court
decision in a separate proceeding, for the purposes of which Section IV of the
Civil Procedure Code (hereinafter referred to as the CPC) is supplemented
with a new Chapter 13. In addition, the issuance of a prohibitory injunction
order in a separate proceeding is based on the provision that this proceeding
is intended to create conditions for a person to exercise personal non-
property or property rights (part 7 of Article 19 of the CPC). The prohibitory
injunction order is issued for a period of one to six months and may be
149
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 142-155
extended by the court for a period of no more than six months (Fomenko,
2018).
The Law of Ukraine “On Preventing and Countering Domestic Violence”
and the Civil Procedure Code do not provide for the possibility of revoking
the prohibitory injunction order, in particular if a person is found not
guilty of committing a crime or administrative oense. It appears that a
possible way to resolve this issue would be to quash the judgment on newly
discovered circumstances.
In addition, all facts of domestic violence, information on the abuser
(regardless of his/her consent), as well as about victims (with their consent)
are entered in the Unied State Register of Domestic and Gender-Based
Violence Cases. Such information is stored in the database: 1 year - in the
absence of open criminal proceedings, a court decision on a prohibitory
injunction order or administrative penalty, a court verdict of guilty; 3 years
– in the presence of a court decision on a prohibitory injunction order or
administrative penalty; 10 years - if there is a conviction that has entered
into force.
In addition, the abuser may be taken on preventive registration, work
with him/her by the police, and sent to undergo a corrections programme
for a period of three months to one year.
The next measure is the taking of abusers by a division of the National
Police of Ukraine for preventive registration, conducting preventive work
with them, which occurs from the moment of detection of the fact of
committing domestic violence by them, for the period established by law.
Removal of the oender from the preventive register is carried out
by the authorized division of the National Police of Ukraine, which has
ensured the preventive registration, automatically after the completion of
the established period, unless otherwise provided by law. The procedure
for taking on preventive registration, carrying out preventive work and
removing the oender from preventive registration is approved by the
Ministry of Internal Aairs of Ukraine (Volokitenko, 2017).
In turn, intervention programs for abusive behavior are available as
well. The bodies responsible for implementing intervention programs for
abusive behavior are local state administrations and local self-government
bodies that organize and ensure that abusers complete such programs. The
implementation of intervention programs for abusive behavior in relation
to abusers is carried out taking into account the age and psychological
characteristics of children.
In order to prevent repeated domestic violence and ensure the
implementation of the intervention program for abusive behavior, the
abuser’s child may be temporarily placed with relatives, in the family of
150
Ivan Ishchenko, Oleksandr Korol, Nataliia Hridina, Mykola Tyshlek y Nadiya Nosevych
Prevention of domestic violence as one of the priority areas of preventive policing: Legal
regulations and international experience
a foster carer or in an institution for children, regardless of the form of
ownership and subordination, in which appropriate conditions are created
for living, upbringing, training and rehabilitation of the child in accordance
with his/her needs. The implementation of intervention programs for
abusive behavior is provided by specialists who have received appropriate
training.
The abuser may be sent by the court to complete the intervention
program for abusive behavior for a period of three months to one year
in cases stipulated for by law. The abuser should be able to attend the
intervention programs for abusive behavior on his/her own initiative on a
voluntary basis. In case of failure of the abuser to complete the intervention
program for abusive behavior or evasion from completing the program
without valid reasons, the bodies responsible for the implementation of
intervention programs for abusive behavior shall provide within three
working days a written notication about this to the authorized unit of the
National Police of Ukraine for taking action.
Bringing the abuser to justice for failure to complete the intervention
program for abusive behavior does not release the abuser from the
obligation to complete such a program. If an abuser, in particular a child
abuser, is brought to criminal responsibility by the court, he/she may be
required to complete a probation program in accordance with paragraph
4 of part 2 of Article 76 of the Criminal Code of Ukraine (Fomenko, 2018).
It should be noted that all these measures are preventive measures that
enable state bodies to quickly respond to the facts of domestic violence, stop
its commission, and eliminate the threat of repeated violence. However, the
application of such measures does not mean that the oender will not be
brought to administrative or criminal responsibility if there are grounds.
In order to respect human rights and freedoms, to comply with
guarantees for the protection of the rights and interests of persons aected
by domestic violence, gender-based violence, as well as to ensure an
appropriate response to cases of such violence, to provide assistance to
aected persons, to create conditions for each child to exercise the right
to grow up in a safe family environment, taking into account the growing
challenges associated with the commission of domestic violence, due to the
reduction of latency of such oenses, great public response and in order
to eectively implement the Decree of the President of Ukraine dated
September 21, 2020, No. 398/2020 “On Urgent Measures to Prevent and
Counteract Domestic and Gender-based Violence, and Protect the Rights
of Persons Aected by Such Violence”, we propose to create sectors of
countering domestic violence in the cluster police units created on the
basis of regional centers and cities of Severodonetsk and Mariupol, in the
prevention departments, which, in particular, will include police ocers
involved in working in mobile groups to respond to the facts of committing
151
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 142-155
such oenses, which are now successfully operating in the implementation
of the relevant project.
We suggest that the stang table of the specied sector should consist of
10 positions per mobile group (depending on the quantitative load of calls
about the facts of domestic violence) at the rate of: 1 - Head of the Sector,
1 - Senior Inspector and Inspectors.
Given that not every territorial (separate) police unit according to the
stang table has the position of Juvenile Prevention Inspector or only one
such position, we propose that the prevention department of district (cluster)
departments with the corresponding new administrative and territorial
structure of districts create juvenile prevention sectors at the expense of
regular positions of juvenile prevention police units (departments) of the
police serving the territory of these districts (Onishchenko, 2010).
At the same time, some of the powers of juvenile prevention at the level
of these police units will be performed by district police ocers, community
police ocers (as amended by the Order of the Ministry of Internal Aairs
No. 650 dated July 28, 2017 “On Approval of the Instruction for Arrngement
of the Activities of District Police Ocers”) and, as an exception, inspectors
of the Patrol Police Response Group, in particular:
• taking measures to establish the identity of the child, his/her place
of residence, information on parents or persons who replace them,
other relatives, their place of residence (stay), in case of notication
of a child left without parental care (in cases that do not require
the opening of a criminal investigation and the establishment of
intelligence surveillance “Search”);
• taking measures to take the child away from his/her parents and
temporarily accomodate the child in accordance with the current
legislation in the event of an immediate threat to the child’s life or
health;
• carrying out work to prevent the commission of oences.
This distribution of powers will enable to unload juvenile prevention
police ocers in non-critical cases, taking measures for high-quality
preventive work, implementing the best international experience of the
police in working with children, searching for missing children who
may become victims of crimes, identifying oenses against children and
documenting them. The juvenile prevention sector provides methodological
assistance and coordinates the implementation of tasks between the sectors
of district police ocers, community police ocers and Patrol Police
Response Teams.
The Patrol Police Response Division organizes the work of Patrol Police
Response Teams (hereinafter referred to as the PPRT) within the district
152
Ivan Ishchenko, Oleksandr Korol, Nataliia Hridina, Mykola Tyshlek y Nadiya Nosevych
Prevention of domestic violence as one of the priority areas of preventive policing: Legal
regulations and international experience
service area. It provides them with practical and methodological assistance
in improving the eciency of work, interacts in solving these issues with
the Patrol Police Response Division of other district units (departments) of
the Main Directorate of the National Police in the region, other structural
divisions of the National Police, local self-government bodies, enterprises,
institutions, organizations of all forms of ownership, citizens. The Patrol
Police Response Division should coordinate the PPRTs - teams consisting
of at least two police ocers who will serve in two shifts of 12 hours a day in
the service area of the entire District Administration (Department).
Moreover, the territorial police units (hereinafter – the TPU) of the
District Police Department (Division), which are located within more
than 25 km from the district administration and which provide for service
and more PPRTs in one shift, should create the Patrol Police Response
Sector (hereinafter-the PPRS) consisting of the Head of the Sector, Senior
Inspector and Inspectors (Police Ocers) of the PPRT. The PPRS will be
based on the TPU territory, where their service rearms, special equipment,
service vehicles, fuel and lubricants, and service documentation are stored.
At the same time, the PPRS will be removed from the subordination of
the TPU and directly report to the Patrol Police Response Division of the
District Administration (Department). Control over their ocial activities
will be directly carried out by the Head of the PPRS and authorized
inspectors of the administrative practice sector (Husariev, 2005).
Under similar conditions, subject to the service for only 1 PPRT in one
shift, direct subordination will be carried out to the Head of the PPRS of the
nearest territoriality, within the service area.
In the TPUs of the District Police Department (Division), which are
located within 50 km from the District Administration and which provide
for the service of the PPRT in one shift, the Patrol Police Response Sector is
not created. The PPRT is based on the territory of TPU, where their service
rearms, special equipment, service vehicles and service documentation
are stored. At the same time, the PPRT will no longer be subordinated to
the TPU and will directly report to the Patrol Police Response Division of
the District Administration (Department).
The territory of the police station will be serviced by the police ocers
of the Patrol Police Response Division and/or the Patrol Police Response
Sector closest in terms of territoriality. The load on one police ocer of
the territorial preventive units and on one patrol police response squad is
calculated from the number of people in a certain service area, the number
of settlements, the length of the road network, the area of the service area
and the state of the criminal situation. It is proposed to move away from the
methodology of calculating 1 PPRT squad per 25 thousand population and,
as an example, introduce the calculation of one squad per area in square
kilometers.
153
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 142-155
It is proposed to move away from the methodology of calculating 1 PPRT
squad per 25 thousand population and, as an example, to introduce the
calculation of one squad per area in square kilometers.
We propose to expand the functional areas of work of the administrative
practice sector, namely on the prevention of domestic violence: ensuring
interaction with the duty services of territorial police department
(divisions); providing methodological support for the activities of PPRT
squads, district police ocers, community police ocers (hereinafter
referred to as squads); ensuring round-the-clock monitoring and control
over the ocial activities of squads, as well as their performance of ocial
tasks, including those created independently; sending, in coordination with
the operations duty ocer of the district department, orders of electronic
ocial tasks and monitoring their implementation; monitoring the state of
administrative activities of both the District Police Department (Division)
and its territorial divisions; within the scope of competence to coordinate
with district courts in cases of administrative oences, in view of the fact
that the judicial system in practice may not always coincide with the newly
formed administrative-territorial structure, this gives grounds to believe
that local courts continue to examine cases within previously dened areas
(Bilous, 2019).
Conclusion
Prevention of domestic violence is one of the priority areas of preventive
police station, which includes departments of district police ocers, juvenile
prevention units, patrol police, etc. Ensuring the eectiveness of such
activities should be accompanied by a noticeable increase in the technical
security of the police, increasing the eciency of work, implementing a
number of other organizational measures, improving the legal regulation
of activities aimed at countering and preventing domestic violence, which
determine the competence and place of preventive units as part of the
National Police of Ukraine.
When considering the allocation of oce space for a police station, the
possibility of placing juvenile prevention inspectors, district police ocers,
community police ocers, their assistants, police response departments
in it for joint work and providing them with appropriate conditions for
performing their ocial tasks should be taken into account.
The ocial activity of these structural divisions is organized in
accordance with the requirements of the current legislation of Ukraine
and departmental regulatory legal acts that regulate the activities of police
ocers, assign them to police stations and service areas of response units
within the amalgamated territorial community.
154
Ivan Ishchenko, Oleksandr Korol, Nataliia Hridina, Mykola Tyshlek y Nadiya Nosevych
Prevention of domestic violence as one of the priority areas of preventive policing: Legal
regulations and international experience
Authorized units of the National Police of Ukraine exercise their powers
in the eld of preventing and countering domestic violence, taking into
account international standards for the response of law enforcement
agencies to cases of domestic violence and risk assessment. Police ocers
may enter a person’s home without a reasoned court decision in urgent
cases related to the cessation of an act of domestic violence committed, in
case of an immediate danger to the life or health of the injured person.
Bibliographic References
BILOUS, Oleh. 2019. “Procedural guarantees of observance of human and
citizen rights in the activities of judicial authorities” In: ScienceRise:
Juridical Science. Vol. 8, No. 2 pp. 34-38.
FOMENKO, Andriy. 2018. Police ocer’s handbook of preventive activities:
training manual. Dnipro Dnipropetrovsk State University of Internal
Aairs. Dnipro, Ukraine.
HUSARIEV, Stanislav. 2005. Legal activity: methodological and theoretical
aspects: monograph. Znannia. Kyiv, Ukraine.
LAW OF UKRAINE. 2015. About the National Police: dated July 2 2015 No.
580. Ocial site of the Verkhovna Rada of Ukraine.Ukraine.
LAW OF UKRAINE. 2017. On preventing and combating domestic violence:
Law of Ukraine No. 2229–VIII. Available online. In: https://zakon.rada.
gov.ua/laws/show/2229-19. Consultation date: 24/06/2023.
LAW OF UKRAINE. 2017. On the approval of the Instructions for organizing the
work of juvenile prevention units of the National Police of Ukraine: order
of the Ministry of Internal Aairs of Ukraine No. 1044. Available online.
In: https://zakon.rada.gov.ua/laws/show/z0686-18. Consultation date:
24/06/2023.
LAW OF UKRAINE. 2020. On the formation and liquidation of districts:
resolution of the Verkhovna Rada No. 807–IX. Available online. In:
https://zakon.rada.gov.ua/laws/show/807-20. Consultation date:
24/06/2023.
NEHODCHENKO, Oleksandr. 2003. Organizational and legal principles of
the activities of internal aairs bodies regarding the provision of human
rights and freedoms: a monograph. Dnipropetrovsk, Ukraine.
ONISHCHENKO, Nataliia Mykolaivna. 2010. The action of law: an integrative
aspect: a monograph. Osnova. Kyiv, Ukraine.
155
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 142-155
VOLOKITENKO, Ihor. 2017. The issue of interaction between employees of
preventive activities and units of the National Police of Ukraine. Scientic
Bulletin of the Uzhhorod National University. «Law» series.. Vol. 4, No.
43, 211–215.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en octubre de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79