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.
ПРАВА ЛЮДИНИ, ДЕРЖАВА, СУСПІЛЬСТВО 43 21. Рекомендація CM/Rec (2010) 12 Комітету Міністрів Ради Європи державам-членам щодо суддів: незалежн ість, ефективність та обов'язки. URL: http://zakon2.rada.gov.ua/laws/ show/994_a38 22. Бангалорські принципи поведінки суддів від 19 травня 2006 р. URL: http://zakon5.rada.gov.ua/laws/ show/995_j67 23. Висновок (2002) 3 Консультативної ради європейських суддів щодо принципів та правил, які регулюють професійну поведінку суддів, зокрема, питання етики, несумісної поведінки та безсторонності.
The research deals with the relationship of private and public interests that are implemented in intellectual property relations and balance of these interests in mechanism of protection.
This study uses the complex of main known methods of scientific knowledge: historical legal, forecasting, hermeneutical semantic, structural functional, logical semantic, dogmatic, complex analysis, system structural, comparative. The purpose of the study is determining the scope, content and relationship of interests in the intellectual property relations, justifying the conceptual foundations of balancing these interests in the management of intellectual capital through the legal regulation and economic mechanisms.
The authors conclude that efficient functioning of intellectual property relations in terms of their scope, content and relationship of interests can be ensured only by means of legal regulation, which organically combines dispositive and imperative principles. The interdependence of such principles determines the key basis of the legal regulation of intellectual property management and should be reflected in all aspects of the development of intellectual property relations, in particular, the grounds for their emergence, change, termination, subject composition, conceptual distinguishing features of legal relations of right holders, etc.
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