Problematic issues of preventing and countering domestic violence by the prosecutor’s office

O. Yara, N. Stasiuk
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Abstract

In modern realities, the issue of combating and preventing domestic violence is crucial, since many women and children become victims of such violence, and there are cases of domestic violence against men as well. Proceeding from the relevance of this paper, its subject lies in determining the role of the prosecutor’s office in preventing and countering domestic violence, which involves an analysis of the content of its duties and powers in this area of activity. During the study, the method of analysis and synthesis, the empirical method, and the comparison method were applied. This paper considered the issue of the role of prosecutor’s offices in preventing and countering domestic violence. The problems of legislative regulation of prosecutor’s activities in the system of preventing and countering domestic violence were also investigated. This is a common issue primarily because the norms of the current legislation do not clearly regulate what actions prosecutors can prevent or counteract domestic violence, because their powers include the direct procedural support of such criminal cases, i.e., after such violence has already occurred. In conclusion, it was noted that for the prosecutor’s office to effectively prevent and counteract domestic violence, it is necessary to amend Article 131-1 of the Constitution of Ukraine, which defines the functions of the prosecutor’s office in general, and the prosecutor in particular. It is advisable to supplement this Article with a part that would grant the prosecutor’s office the right to take measures to prevent and counteract domestic violence. The study conducted in this paper can form the basis of legislative activity upon adopting amendments to legislative acts governing legal relations in the field of preventing and countering domestic violence.
检察官办公室预防和打击家庭暴力的问题
在现代现实中,打击和防止家庭暴力的问题至关重要,因为许多妇女和儿童成为这种暴力的受害者,而且也存在对男子的家庭暴力案件。从本文的相关性出发,其主题在于确定检察官办公室在预防和打击家庭暴力方面的作用,这涉及分析其在这一活动领域的职责和权力的内容。在研究过程中,采用了分析综合法、实证法和比较法。本文审议了检察官办公室在预防和打击家庭暴力方面的作用问题。对预防和打击家庭暴力系统中检察官活动的立法规制问题也进行了探讨。这是一个共同的问题,主要是因为目前的立法规范没有明确规定检察官可以采取什么行动预防或抵制家庭暴力,因为他们的权力包括对这种刑事案件的直接程序支助,即在这种暴力已经发生之后。最后,有人指出,为了使检察官办公室有效地预防和对付家庭暴力,有必要修改《乌克兰宪法》第131-1条,该条规定了检察官办公室的一般职能,特别是检察官的职能。明智的做法是在本条的基础上增加一个部分,赋予检察官办公室采取措施预防和打击家庭暴力的权利。本文所进行的研究可以作为立法活动的基础,通过对有关预防和打击家庭暴力领域法律关系的立法行为的修正案。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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