Within the conditions of the spreading the pandemic, the number of domestic violence cases has increased significantly, necessitating a review of restrictive measures in different countries. The concepts, features, legal nature, legal grounds and conditions for the application of restrictive measures, their types and content, nature (short-term or long-term), shortcomings of the modern model of criminalization of domestic violence in Article 126-1 of the Criminal Code of Ukraine have been systematized in the present academic paper as well as ways of solving problems that exist in this area. The method of content analysis of laws and regulations has been used in the research and the development of the legal framework of Ukraine towards combating and protecting against domestic violence has been analyzed. The object of the research is a system of restrictive measures in order to combat domestic violence. Restrictive measures can be attributed to countering domestic violence due to measures that restrict: 1) general place of stay / residence; 2) communication; 3) approaching to the victim; 4) electronic means of communication; 5) undergoing the program of correction of aggressive behavior; 6) search or pursuit; 7) preventive work; 8) monitoring the offender. These measures are carried out by specially authorized bodies upon request for a certain period. In general, the content of restrictive measures in accordance with the legislation provides for combating violence in the short term through passive measures and in the long term through behavior correction programs. Restrictive measures can be considered coercive criminal measures, which are characterized by an additional nature and can be applied by a court in the case the adult has committed a crime related to domestic violence. The duality of restrictive measures has been identified: on the one hand, they are a law of the forum, but on the other -a duty / prohibition for the offender.
The article examines the legal nature of restrictive measures defined by Art. 91-1 of the Criminal Code of Ukraine, and the expediency of allocating space for their legal regulation in the act of criminal law. Attention is drawn to the fact that enshrining in legislation new legal measures is impossible without understanding their legal nature. The emergence of restrictive measures in the jurisprudence, which are currently provided for in Art. 91-1 of the Criminal Code of Ukraine related to the implementation in national legislation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and the adoption of the Law of Ukraine dated 6 December 2017 № 2227-VIII. However, during the discussion of the bill in scientific circles, the possibility of the institution of restrictive measures at the source of criminal law was questioned, given the administrative nature of such measures and not the criminal ones. It is stated that it is quite difficult to establish clear distinctions between measures of administrative and criminal influence. However, the criterion by which they can be distinguished, obviously, is the range of social relations to which their legal influence extends. The author noted that the criminal law nature of restrictive measures is due to the fact that they are applied in connection with the commission of a crime; the question of their application is decided simultaneously with the imposition of a sentence not related to imprisonment or release from criminal liability or punishment; they are applied in court. Key words: restrictive measures, legal nature of restrictive measures, measures of criminal law nature, security measures, prevention of domestic violence.
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