The dissertation on the basis of a comprehensive scientifically based analysis of normative principles, theoretical foundations of administrative law and generalized practice of public administration reveals the legal framework for preventing and combating gender-based violence by the National Police, and offers a number of new conclusions and practical proposals.
It is formed that gender-based violence, as an object of administrative and legal regulation, is an illegal physical and (or) psychological, material influence of one person on another due to subjectively caused beliefs of inequality of social and role status, sex discrimination and gender role in society, which is regulated by certain norms of administrative law and provided with administrative and legal means of public administration to protect the rights, freedoms and legitimate interests of victims, protect social relations and eradicate gender-based violence as a socially negative phenomenon.
The peculiarities of the legal position of the National Police as the main subject of prevention and counteraction to gender-based violence, which by its social purpose is an executive body that implements comprehensive preventive, law enforcement, human rights, jurisdictional, supervisory and administrative activities for the use of police coercive measures, jurisdictional instruments for the prevention, counteraction and cessation of gender-based violence, protection and restoration of gender rights and freedoms of individuals, maintenance of law and order while respecting the ideas of gender equality and freedom. The administrative-legal mechanism of prevention and counteraction to gender-based violence by the National Police is described as a complex way of the state to organize a structural and consistent algorithm of prevention and counteraction to gender-based violence through the implementation of special rights and responsibilities of the National Police ways and forms of cooperation.
Preventive police measures applied by the National Police to prevent gender-based violence as a comprehensive action are identified: in accordance with the law and internal regulations; aimed at preventing illegal influence from gender-based violence, preventing its commission and the occurrence of negative consequences; correction of the behaviour of a person prone to gender-based violence. Measures to combat gender-based violence, used by the National Police as coercive, restrictive ways to influence the subject of gender-based violence in the form of statutory police coercive measures, which are divided into general measures (physical influence, special means) or firearms, administrative liability) and special (urgent prohibition). The administrative and jurisdictional activities of the National Police in combating gender-based violence are revealed.
It is proposed to improve the administrative legislation of Ukraine on the prevention and counteraction of gender-based violence by the National Police by: adoption of a specialized law; strengthening administrative responsibility for committing gender-based violence and establishing administrative responsibility for committing sexism as a type of gender-based violence; creation of the Unified State Register of Cases of Domestic Violence and Gender-Based Violence; increase public funding and attract foreign investment in the implementation of information, public, social projects and measures to prevent gender-based violence; providing organizational assistance by local authorities to district police inspectors; expanding the technical capabilities of the mechanism for preventing and combating gender-based violence.
The specifics of cooperation between the National Police in preventing and combating gender-based violence have been clarified.
