Revista

de la

Universidad

del Zulia

Fundada en 1947

por el Dr. Jesús Enrique Lossada

ANIVERSARIO

DEPÓSITO LEGAL ZU2020000153

ISSN 0041-8811

E-ISSN 2665-0428

Ciencias

Exactas,

Naturales

y de la Salud

Año 13 N° 37

Mayo - Agosto 2022

Tercera Época

Maracaibo-Venezuela

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The phenomenon of domestic violence: modern methods of prevention

and effective means of protection

Nataliia Volkova *

Yuliya Lisitsyna **

Ilona Yasin ***

Roman Andrusyshyn ****

Catherine Karmazina *****

ABSTRACT

Domestic violence as a socially dangerous phenomenon poses a great threat to the proper

functioning of the family. Protecting vulnerable populations from domestic violence and cruelty is

an influential area of state action, and despite its importance, even highly developed democratic and

legal states are unable to eliminate domestic violence. The work aims to study modern prevention

methods and effective ways to protect against domestic violence, including social, legal, economic,

medical and other aspects. The research methodology consists of methods, such as: historical-legal

and comparative-legal; formal and logical; empirical; cognitive; analogy method; questionnaires; and

program-target. The study summarized the recommendations that are necessary to further improve

international cooperation and implement useful tools for such cooperation. As a result of the

investigation, the authors concluded that in order to effectively combat intra-family violence, it is

necessary to adopt regulations that promote collaboration in the fight against intra-family violence

and carry out extensive educational work among the population, to combat impunity and violence.

and insecurity in people's thinking.

KEY WORDS: domestic violence, victim, international cooperation, protection, cruelty.

*Associate Professor of Department of Civil Procedure of National University «Odesa Law Academy» https://orcid.org/0000-

0003-4346-1862.

**Associate Professor of the Department of Criminal Law, Institute of Law, Lviv State University of Internal Affairs, Ukraine.

ORCID: https://orcid.org/0000-0001-5631-9297.

***Lecturer of the Department of Criminal Law, Institute of Law, Lviv State University of Internal Affairs, Ukraine. ORCID:

https://orcid.org/0000-0002-8074-8953.

**** Associate Professor of the Department of Social and Humanitarian Training, Faculty № 3 of the Institute for the Training

of Specialists for the National Police of the Lviv State University of Internal Affairs, Ukraine. ORCID: https://orcid.org/0000-

0002-7791-1107.

*****Associate Professor of the Department of Constitutional Law and Justice, Odesa I.I. Mechnikov National University;

attorney at law; Secretary of Odessa Bar Council, Ukraine. ORCID: https://orcid.org/0000-0002-6277-6889.

Recibido: 15/02/2022 Aceptado: 01/04/2022

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El fenómeno de la violencia doméstica: métodos modernos de prevención

y medios eficaces de protección

RESUMEN

La violencia doméstica como fenómeno socialmente peligroso supone una gran amenaza para el

buen funcionamiento de la familia. Proteger a las poblaciones vulnerables de la violencia

doméstica y la crueldad es un área influyente de la acción estatal y, a pesar de su importancia,

incluso los Estados democráticos y legales altamente desarrollados son incapaces de eliminar la

violencia doméstica. El trabajo tiene como objetivo estudiar métodos modernos de prevención y

formas efectivas de protegerse contra la violencia doméstica, incluidos los aspectos sociales,

legales, económicos, médicos y otros. La metodología de la investigación consta de métodos, tales

como: histórico-jurídico y comparativo-jurídico; formal y lógico; empírico; cognitivo; método de

analogía; cuestionarios; y programa-objetivo. El estudio resumió las recomendaciones que son

necesarias para mejorar aún más la cooperación internacional e implementar herramientas útiles

para dicha cooperación. Como resultado de la investigación, los autores concluyeron que para

combatir de manera efectiva la violencia intrafamiliar, es necesario adoptar normas que

promuevan la colaboración en el combate a la violencia intrafamiliar y realizar una amplia labor

educativa entre la población, para combatir la impunidad y la inseguridad en el pensamiento de

las personas.

PALABRAS CLAVE: violencia doméstica, víctima, cooperación internacional, protección,

crueldad.

Introduction

In today's context of social relations, domestic violence is one of the main challenges.

From a historical retrospective (Sukmanovska, 2016), violence is one of the oldest and yet quite

primitive means of resolving social and interpersonal conflicts among members of society,

including family members. Statistics show that domestic violence is most often committed by

men, less often by women and children, and rarely by the elderly.

In general, domestic violence is a direct coercive effect that results in psychological,

economic, and physical harm to a family member or restricts his or her rights and freedoms.

There is psychological, economic, physical, and sexual domestic violence (Pertseva & Ogorenko,

2021). Psychological domestic violence manifests itself in humiliation, anxiety, decreased self-

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confidence and leads to a decrease in her self-esteem and self-confidence. Economic domestic

violence is manifested in the deprivation of financial, material, and moral resources of family

members, in the restriction or denial of financial security, unfair division of property, and so on.

Healthcare facilities are able to detect signs of domestic violence in the following

behaviors: aggression, anger, destruction, slow speech, inability to learn, lack of knowledge

known to children of appropriate age (e.g. inability to read).

The current health care system must respond effectively to cases of domestic violence, in

particular by introducing the latest practices in the rehabilitation of victims of domestic

violence, as well as informing law enforcement agencies to conduct a comprehensive

investigation into such cases. It should be noted that in 2019 the Ministry of Health of Ukraine

introduced a list of recommendations for health care institutions of Ukraine on the procedure

for examining victims of domestic violence.

Physical violence is manifested in the influence of family members to cause physical and

psychological harm in connection with the restraint of liberty, beatings, torture, etc.

Among the causes of domestic violence are the physical superiority of the perpetrator and

the ease of using force as a means of proving one's rightness. Also, the causes of domestic violence

include the complexity of the economic situation of the family and the weakness of the system

of social control over family relations in terms of accepted societal views and stereotypes.

With the development of democracy and the strengthening of the protection of human

rights and freedoms, the significance and urgency of comprehensive protection of vulnerable

groups from domestic violence have been reconsidered. Therefore, at this stage, it is necessary

to comprehensively investigate theories and practices of violent behavior, the causes that lead

to it, as well as to develop effective measures and tools to prevent domestic violence, which is

the subject of this study.

At the same time, the rights and freedoms of victims of domestic violence must be

protected at all stages. In particular, at the stage of detecting signs of domestic violence in a

health care facility, a person who has suffered from violence (or his / her legal representative)

must give his / her consent to medical intervention. The exception is a direct threat to human

life, in which case the patient's consent is not required.

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Establishing the direction of combating domestic violence in the Law of Ukraine “On

Prevention and Counteraction to Domestic Violence” (Law № 2229-VIII, 2017) is noteworthy

because victims of such regulations have a wide range of opportunities. The law also stipulates

that the professionals involved must understand the realities and problems of victims of

domestic violence (taking into account their vulnerability due to age, health, gender, religious

beliefs, ethnic origin, etc.) and assist in their quest to restore their lives; victims can receive help

at the place of treatment, not at the place of registration; the provision of assistance or services

does not currently depend on the victim's willingness to press charges or testify against his or

her perpetrator. The law also takes into account that in many cases of domestic violence, the

child's parents or guardians of incapacitated persons are their perpetrators, and therefore the

issue of assisting such victims should be decided by guardianship authorities. However, despite

the positive aspects provided for in this law, its ability to regulate the relationship under study

is insufficient, due to the need for a comprehensive approach to the problem.

The work aims to study modern methods of prevention and effective ways to protect

against domestic violence, including social, legal, economic, medical and other aspects.

Therefore, the development of comprehensive measures to prevent domestic violence is a

priority area of modern counteraction to violence in Ukraine, however, as practice shows, it has

not yet found its sufficient implementation and needs further research.

1. Theoretical Framework or Literature Review

Domestic violence has been the subject of research by many scholars, including Asanova

(1997), Barko (2021), Blaga and Kochimirovska (2020), Botnarenko (2017), Vorontsova (2017),

Gerasimenko, Kovaleva, Lomakina (2020), Malinovska (2016), Ostapchuk (2016),

Sukmanovska (2016), and Yarskaya-Smirnova (2008).

Asanova (1997) revealed the main issues of child abuse in her work. A comprehensive

analysis of the directions and means of combating domestic violence was carried out by Barko

(2021). The author notes that the COVID-19 pandemic stimulated triggers that led to an increase

in domestic violence. Quarantines around the world following the spread of coronavirus and

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other restrictions have also helped reduce family incomes, which is another potential factor in

domestic violence.

Blaga and Kochemirovska (2020) surveyed the current state of assistance and protection

to victims of domestic violence as a separate area of activity of actors in the field of prevention

and counteraction to this phenomenon, and the problems that arise in this regard. The authors

concluded that the protection and support of victims are provided through timely response,

cessation of violence, and protection of victims by the police, and support for victims, and the

provision of necessary medical, psychological, social, legal assistance and services by NGOs,

bureaus and legal aid centers, prosecutors' offices, judicial authorities (access to justice), general

and specialized support services for victims, such as shelters, telephone hotlines, etc.

Simultaneously, the study emphasizes the need for specialists to show respect and sensitivity to

victims and allow the latter to make informed decisions that best reflect their interests. The

specifics of providing victims with information about their rights and opportunities to exercise

such rights are studied, and the current shortage of printed information materials with contacts

of services that a person can contact in their locality is indicated. On the problematic issues, the

authors noted that in recent years there have been significant positive developments in the

systemic response to domestic violence, an important area of which is the provision of assistance

and protection to victims. According to the researchers, the important areas for improving this

activity include the need to strengthen the information component on the services that the

victim can apply for in their locality; establishing an adequate number of support services for

victims, especially their places of safety, and ensuring their physical accessibility; conducting

appropriate competitive procedures and filling vacancies in courts; increase the training of

government hotline counselors to provide professional advice on preventing and combating

domestic and gender-based violence.

Criminological characteristics of persons who commit domestic violence have been the

subject of research by Botnarenko (2017). Another researcher, Vorontsova (2017), developed a

manual on the development of social skills, in which she paid considerable attention to

intolerance to domestic violence and provided an algorithm for combating this phenomenon at

the household level.

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Gerasimenko (2019) considered problematic issues of gender equality in his work. The

author notes that the problem of gender inequality is still relevant in Ukraine, as there are

significant differences in the position of women and men in political, economic, and social life.

They are especially pronounced in the domestic labor market, which is characterized by the

division of employment and professions into "male" and "female", prejudice against women in

career advancement or starting their own business, maintaining the gender pay gap. In

particular, a survey of office workers found that one in ten women faced denial of employment

because of their gender, abusive language, and unacceptable sexual jokes in a professional

setting. Despite the significant impact of family responsibilities on professional life, three-

quarters of office workers reported a lack of special family-friendly corporate policies for their

own companies. Domestic violence remains an equally important issue related to the impact of

gender inequality and the stereotypical perception of the "proper" roles of women and men. The

author notes that almost a quarter of the surveyed employees of domestic companies (24%) have

experienced domestic violence; the vast majority of them were women (81%). Although the

consequences of violence are felt primarily by the victims themselves, who need medical,

psychological, legal, or social assistance, domestic violence leads to measurable economic and

personal material losses – due to loss of ability to work and reduced productivity, temporary

absence from work, inability to focus on work, deteriorating psychological climate in the team.

In particular, a quarter of victims complained of intrusive phone calls or text messages in the

workplace, and 10% reported unexpected visits, harassment, and intrusive communication with

colleagues or management. There was also a negative impact on colleagues, who were forced to

replace the victims, redistribute work responsibilities, perform additional tasks, change their

own work schedules. Therefore, companies that care about the well-being of their employees,

and take social responsibility, should take individual and collective action to prevent domestic

violence. This will contribute to the creation of a corporate culture of "zero" tolerance for

violence, the development of internal policies to support victims, the implementation of

information activities, and cooperation with government agencies and NGOs working in this

field. Among the specific measures, representatives of companies in Ukraine noted the feasibility

of developing psychological and legal support systems at the company level, expanding health

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insurance programs, introducing flexible systems of vacations and holidays, opportunities to use

"unaccounted" sick days, implementation of information activities to disseminate information

on hotlines, contacts of specialized institutions that provide services to victims.

Kovaleva (2008) studied the concept of youth socialization, including norms, deviations,

socialization trajectory. Lomakina (2020) surveyed foreign experience in combating domestic

and gender-based violence. The author of the study of the situation of domestic violence in

different countries shows that its consequences can be: a threat to life and health or the task of

psychological trauma, which can further negatively affect the victim's family life. Violence has

particularly serious consequences for the identity of a child who has become a witness or victim.

In addition, it should be noted that the similarity of legislation governing the prevention and

combating of domestic violence in Europe is not only a desire to implement the provisions of the

Istanbul Convention, but also common social values protected - health and life, peace, and family

well-being, etc. Undoubtedly, the European experience should be studied and analyzed in our

country to avoid possible mistakes and implement useful developments in overcoming domestic

violence in Ukraine.

Malinovska (2016) researched the prevention of violence against women in the family in

her work. Ostapchuk (2016) studied the fight against domestic violence.

Current issues of domestic violence Pertseva and Ogorenko (2021). The authors pointed

out that the family is the most necessary structural component of society, which lays the

foundations of social norms and influences the process of primary socialization of the individual,

participates in economic and cultural processes, so family stability is a condition for the socio-

economic and political stability of society. However, the modern family is in a state of crisis,

manifested by several destructive processes. One of the highlights of this crisis is the rise in

violence and violence among family members. Solving this problem is one of the urgent tasks of

any society. The number of research on domestic violence and child abuse is limited. The

international attention to the problem of domestic violence is evidenced by its numerous

discussions and decisions at UN congresses on women, the World Assembly on Aging, the

World Program of Action on Disability, and the Convention on the Rights of the Child. The

World Health Organization (WHO) considers violence to be a multifaceted problem, and to

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address it effectively requires approaches that will have an impact on virtually all levels of

society (from the government to the individual).

Sukmanovska (2016) analyzed the historical aspects of the emergence of the problem of

domestic violence. Strategies for explaining and combating domestic violence against children

were the subject of a study by Yarskaya-Smirnova (2008).

Thus, from the above analysis of the literature, it can be concluded that the analysis of

domestic violence is conducted by many scholars, but attention to methods and ways to combat

domestic violence is insufficient. Given this, there is a need to analyze in more detail the

phenomenon of "domestic violence" and ways and methods to combat this phenomenon.

2. Methodology

During the study of the phenomenon of “domestic violence” such methods as historical-

legal and comparative-legal were used; formal-logical; empirical; cognitive; method of analogy;

questionnaires; and program-target.

Historical-legal and comparative-legal methods were used to determine the state of

research on the problem of domestic violence. These methods have made it clear that in different

historical periods, attention to domestic violence has been paid differently. In addition, domestic

violence is exacerbated and exacerbated by a variety of factors. For example, in the Soviet period,

such violence was not studied and it was considered that it does not exist at all, while in 2014-

2022 more and more attention is paid to the study of the research question.

The formal-logical method was utilized in the process of defining the concept of domestic

violence and detailed interpretation. In general, the formal-logical method occupies a special

place among the methods of legal sciences, including the general theory of law and the theory of

the state, which is a group of methods, as it is directly related to laws and forms of thinking. On

the basis of the principles of the formal-logical method, the definition of legal concepts is

formulated, their classification, division into separate institutes takes place. Although the

disadvantage of the formal-logical method is its one-sidedness and does not provide the

necessary completeness in the study of state and legal phenomena, almost does not reflect the

relationship of state and law with other social phenomena, the value of this method is that it

allows in short definitions, all the diversity and richness of state and legal phenomena, allows

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you to get rid of the unnecessary description of details and creates great opportunities for free

orientation on individual phenomena. Therefore, this method provided a definition of domestic

violence, as well as studied existing definitions and drew attention to their problems and

inconsistencies.

Another is the empirical method, which helped to clarify the problematic issues of legal

practice in preventing and combating domestic violence. Based on this method, the specifics of

preventing domestic violence and the importance of international cooperation were clarified and

an algorithm of actions was developed to improve the current state of the research issue.

To establish the specifics of forms of domestic violence and the characteristics of persons

who are exposed to such violence and commit domestic violence against children, as well as to

justify the importance of using criminological knowledge in planning and implementing

measures to prevent domestic violence.

The method of analogy was used to formulate proposals for improving the forms and

methods of interaction between the subjects of domestic violence prevention. This method

helped to distinguish common features between sexual crimes against children and other violent

crimes.

An essential role in the study was played by the method of questionnaires. This method

was used to process criminal statistics and detailed analysis of law enforcement statistics. Thus,

thanks to the method of questionnaires, it was examined in detail in what time period domestic

violence is committed and what factors influence violent behavior, and other circumstances.

To develop legislative changes to prevent domestic violence. With the help of this

method, the existing programs and regulations were comprehensively analyzed, and the goals of

effective prevention of domestic violence were set.

3. Results and Discussion

3.1. General provisions on domestic violence

Consider the general provisions on domestic violence.

The following theories of domestic violence are distinguished (Table 1).

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Table 1. The theories of domestic violence

Institutional theories

Conflictological theories

Try to explain the emergence of domestic

violence due to insufficient effectiveness or

ineffective functioning of the laws of

society and governmental and non-

governmental organizations that must

implement these laws. Within the

institutional approach, society is a

structure with the experience of society

and the state, with a system of rules and

laws, traditions, relationships, and features

of thinking. Due to the lack of the rule of

law, there are acts of domestic violence

among members of this society who do not

receive punishment for their actions.

Explain the emergence of domestic

violence as a form of conflict between

members of society and the family as a

social unit, due to the high level of general

social tension, anxiety, and aggression in

the family society, the presence of its

member's psychological problems and

mental illness.

The solution to the problem of domestic

violence, taking into account the

institutional approach, is to develop and

consolidate non-violent rules and laws in

society and to create on their basis the

means of regulating the social behavior of

members of society at the micro and macro

levels. Domestic violence can be regulated

in the family by formal and informal rules.

According to this theory, effective legal

sanctions against a domestic aggressor (for

example, a fine, arrest, etc.) are needed to

deter domestic violence.

Source: Kovaleva (2008).

Among the psychological preconditions for the emergence of domestic violence are:

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- lack of respect among family members;

- lack of love for a woman, a man, a child, and;

- cruelty, emotional coldness, and indifference among family members as a norm of

behavior passed from one generation to another.

A noteworthy reason for the emergence of such relationships in the family is the

weakness of the system of social control over the family lifestyle, due to which the aggressive

lifestyle in the family becomes established and generally accepted. Among women who have

experienced domestic violence, there is a type of "submissive", i.e. a woman who is tolerant of

violence due to strong ideas about the role distribution in the family, the place of women and

men in the family. The largest number of such women has been abused. The second type of

women are "helpless women", in whom dissatisfaction with domestic violence is combined with

helplessness against it, unwillingness to do something to change their marital status. Another

type of women, who have experienced domestic violence, are those who rebel against their

marital status and domestic violence and carry out such radical measures in the fight against

violence as legal prosecution of the perpetrator, divorce (Malinovska, 2016).

3.2. Modern methods of prevention and effective means of protection

Regarding the legislative consolidation of the fight against domestic violence, domestic

legislation has enshrined the approach enshrined in the Istanbul Convention, focused on the

needs of the victim (Council of Europe, 2011).

Protection and support of victims can be effectively provided through timely response,

cessation of violence, and protection of victims by the police, as well as support and provision

of necessary medical, psychological, social, legal assistance and services by non-governmental

organizations, bureaus, and legal aid centers, prosecutors, judicial authorities, general and

specialized support services for victims, such as shelters, telephone hotlines, etc. (OSCE, 2020).

However, even professionals run the risk of falling into the trap of gender stereotypes or

starting to "blame" the victim. Let's consider in more detail the current situation and existing

problems in various areas of assistance and protection to victims.

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An important step in combating domestic violence is to ensure access to general and

specialized support services for victims to receive social services, medical, social, and

psychological assistance. This step involves the establishment of sufficient support services

within each region / administrative unit and the geographical availability of such support

services so that rural or disabled victims have the same access to them as large cities. Equally

important is the establishment of a 24-hour free call center for preventing and combating

domestic violence, gender-based violence, and violence against children to provide an immediate

response to domestic violence, provide advice on all forms of domestic violence to subscribers

anonymously or with due observance of the legal regime of information with limited access.

Given the fact that victims of domestic violence do not always have the opportunity and

determination to turn directly to the police or other actors involved in preventing and combating

domestic violence, it is important to provide for the establishment of a 24-hour free call center

to provide urgent expert advice and safety guidance to real and potential victims.

All the above instruments have been enshrined and implemented at the legislative level

in Ukraine, but in practice shortcomings have been identified that need to be addressed

(Resolution No. 658, 2018; Resolution No. 655, 2018; Order No. 521852, 2018; Order No. 1852,

2018; Resolution No. 451145, 2019; LETTER No. 1 / 11-5480, 2018).

In addition, it is important to increase the training of hotline counselors to provide

professional advice on preventing and combating domestic violence and to conduct educational

work from an early age so that every child and adult does not perceive domestic violence as a

norm of behavior and understand that can get real protection from such actions.

Regarding foreign experience, it can be argued that today various manifestations of

domestic violence are a problem not only in Ukraine but also in most foreign countries.

According to the Organization for Economic Cooperation and Development for 2019, the law

does not fully protect any country in the world from domestic violence, and in some countries,

it is not considered a crime at all. The percentage of women who have experienced physical

and/or sexual violence in the family at least once in their lives varies from 9.8% (Switzerland) to

85% (Pakistan) (UNFPA UKRAINE, 2019). The Council of Europe estimates that one in four to

five women in the Member States have experienced physical violence at least once in their adult

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lives, and more than one in ten has been sexually abused. This problem is more acute for

economically underdeveloped countries, and women in these countries are more likely to justify

such violence. Punishment for domestic violence varies considerably from country to country.

Punishments in Northern Europe are severe. For example, in Sweden, all forms of domestic

violence are criminalized. At the same time, in Eastern countries, the issue of prosecution for

domestic violence is not acute (Lomakina, 2020).

Conclusions

1. As a result of the study, the phenomenon of "domestic violence" was studied, modern

methods of prevention and effective methods of protection were analyzed and the following

conclusions were made:

2. There are a large number of theoretical interpretations of the development,

manifestations, and social, economic consequences of domestic violence, which are of practical

importance in combating it. This speaks to the complexity of the problem, the ambiguity of

views on domestic violence, and requires further theoretical research that can be the basis for

creating new fruitful practical recommendations and programs to prevent, avoid, detect and

combat domestic violence.

3. There have been significant changes in the systemic response to domestic violence in

recent years, with an emphasis on providing assistance and protection to victims. But this

activity needs improvement and expansion. Among the important areas for improving this

activity include:

- strengthening the information component on the services that the victim can apply for

in their locality;

- establishing an adequate number of support services for victims, especially their places

of safety, and ensuring their physical accessibility;

- increase the training of government hotline consultants to provide professional advice

on preventing and combating domestic and gender-based violence.

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Concerning further research, attention should be paid to the possibility of resolving

issues related to the signing of international agreements for cooperation in combating domestic

violence, as well as a more detailed study of the circumstances affecting domestic violence.

References

Asanova, Nataliia (1997). Child abuse: main methodological issues, practical and legal aspects. Moscow:

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