HOW THE LAW PROTECTS INDIVIDUALS FROM DOMESTIC VIOLENCE IN POLAND AND UKRAINE: A COMPARATIVE STUDY

Abstract

One of the most important human rights is the right to life. This right is subject to protection in all spheres of public life. One area of protection of the right to life is the protection of individuals from domestic violence. In this article, based on the analysis of statistical data, it is established that – despite the ratification of the Istanbul Convention and systematic measures to implement its provisions – the level of domestic violence remains extremely high in Ukraine and Poland. The differences between the initiation of pretrial domestic violence investigations in Ukraine and Poland are analyzed, and the peculiarities of the initiation of ex parte and ex officio proceedings are determined. On the basis of this research, recommendations are put forward to improve the Ukrainian criminal procedure legislation. In particular, proceedings on the fact of having committed domestic violence should be initiated regardless of the existence of a victim statement – that is, ex parte proceedings should be changed to ex officio proceedings.