USE OF PUBLIC LEGAL MECHANISMS TO ENSURING THE SAFETY OF VICTIMS OF DOMESTIC VIOLENCE IN UKRAINE: CERTAIN ASPECTS

Abstract

Domestic violence remains one of the most complex and socially dangerous socio-legal problems in contemporary Ukraine, characterised by its systemic nature and the need for a comprehensive response from the state. Despite the adoption of specialised legislation and the gradual development of an institutional framework for preventing and combating domestic violence, the high level of prevalence, latency, and recurrence of this phenomenon indicates significant shortcomings in the mechanisms aimed at ensuring the safety of victims. This issue has become particularly acute in the context of the COVID-19 pandemic and the introduction of martial law, when socio-economic instability and psychological stress factors contributed to the escalation of violent behaviour within the family environment. The purpose of this study is to provide a comprehensive analysis of public legal mechanisms used in Ukraine to ensure the safety of persons affected by domestic violence, as well as to identify the key problems of their legal regulation and practical implementation, taking into account international human rights standards and national law enforcement practice. The research focuses on the role of the state in the immediate cessation of violence, prevention of its recurrence, and the creation of effective conditions for the protection of the rights and freedoms of victims. The methodological framework of the study is based on a combination of general scientific and special legal research methods. The formal legal method was used to analyse the provisions of the Constitution of Ukraine, the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, as well as relevant norms of administrative and criminal law. The comparative legal method enabled an assessment of national approaches in comparison with international standards and the practices of Eastern European countries. Systemic and structural, logical legal, statistical, and analytical methods were applied to examine public legal mechanisms as an integrated system and to evaluate their effectiveness in practice. The study establishes that public legal mechanisms for the protection of victims of domestic violence constitute a set of authoritative, imperative, and coercive measures implemented by public authorities in order to promptly respond to threats to life and health. These mechanisms include emergency restraining orders, restrictive orders, administrative measures of influence, preventive registration of perpetrators, referral to correctional programmes, as well as the activities of law enforcement agencies, courts, guardianship authorities, and social services. It is substantiated that restrictive orders have a predominantly preventive nature and represent one of the most effective short-term instruments for ensuring the safety of victims. At the same time, the effectiveness of public legal mechanisms is significantly reduced by a formalistic approach to risk assessment, insufficient control over the execution of restraining orders, weak interagency coordination, and a low level of awareness among victims regarding available legal remedies. The article emphasises the need to improve regulatory frameworks, strengthen intersectoral cooperation, develop multidisciplinary response models, enhance the preventive potential of administrative measures, and adapt international standards to the national legal and social context. It is concluded that the further development and practical improvement of public legal mechanisms is a crucial prerequisite for enhancing the level of protection and safety of victims of domestic violence, reducing its latent nature, and strengthening public trust in the system of state protection of human rights in Ukraine.