Semikop N. Administrative and legal support of the National Police of Ukraine for the protection of children from domestic violence.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0824U002531

Applicant for

Specialization

  • 081 - Право

Specialized Academic Board

ДФ 41.884.063

Odessa State University of Internal Affairs

Essay

The dissertation research is the first national comprehensive study of the administrative and legal framework for ensuring the activities of the National Police of Ukraine to protect children from domestic violence. As a result of studying a significant body of scientific literature and the regulatory framework, the article analyzes the current state of combating domestic violence in Ukraine with a focus on the activities of the National Police in this area. It is proved that the problem of domestic violence against children is relevant for most countries of the world and is in the focus of scientific research by researchers in various fields. Special attention is paid to sociological research on domestic violence as an effective tool for identifying problematic issues in society. Through the prism of the responsibilities for the upbringing and development of a child established by the legislation of Ukraine, the forms of domestic violence against children are systematically investigated and their manifestations and features are revealed. The author emphasizes that domestic violence is a type of child abuse, and with this in mind, the author provides the grounds for distinguishing domestic violence from other related offenses, in particular, from acts which can be qualified as failure to fulfill parental responsibilities. The legal framework for police activities in the context of protecting children from domestic violence has been studied at the international, European and national levels. It has been established that Ukraine has ratified all key international instruments related to this issue and is systematically working to improve national legislation, including the development of regulations at the departmental and interagency levels. Based on scientific analysis, national legislation on child protection from domestic violence is structured in two main components. The first set of legal acts includes general provisions guaranteeing the rights of children, including the prohibition of cruel treatment. The second set of legislation directly focuses on domestic violence and contains specialized provisions aimed at protecting children from domestic violence. Certain shortcomings in the existing legal regulation have been identified and recommendations have been developed to effectively address the identified problems. The author develops a definition of the system of actors for preventing and combating domestic violence against children, provides a multidimensional classification of these actors, and highlights problematic aspects of their activities. Considerable attention is paid to the public as an independent powerful actor in the fight against domestic violence. The author identifies and describes the manifestations of three main forms of public involvement in the field of preventing and combating domestic violence against children. It is emphasized that during preventive measures, police officers should form a cult of indifference and readiness to respond to the facts of domestic violence against children among the public. Attention is also focused on the benefits of hotlines, which are an effective tool for both preventing and combating domestic violence against children. In addition, the article highlights the activities of specialists in ensuring the safety of the educational environment, who, in their functional responsibilities, can assist other actors in preventing and combating domestic violence against children. The author's own vision of the term "powers of the National Police to protect children from domestic violence" is proposed, and the author also classifies such powers, which, depending on the areas, are divided into: 1) powers aimed at the general prevention of domestic violence against children; 2) powers aimed at preventing the recurrence of domestic violence; 3) powers aimed at counteracting domestic violence; 4) powers to ensure the interests of victims; 5) powers aimed at creating effective conditions for combating domestic violence. It is emphasized that the legislation does not have a clear list of authorized police units in the field of preventing and combating domestic violence against children, but such a duty is inferred from the functional responsibilities of individual services and units. Based on the analysis of instructions on the organization of work of individual units of the National Police, the article characterizes the peculiarities of the exercise of such powers by juvenile prevention inspectors, district police officers and community police officers, mobile domestic violence response teams, as well as other structural elements of the National Police in the protection of children from domestic violence.

Research papers

Семікоп Н. В. Проблемні аспекти запобігання та протидії домашньому насильству щодо дітей під час війни в Україні. Юридичний науковий електронний журнал. 2022. № 8. С. 351­-353.

Семікоп Н. В. Проблемні питання притягнення до адміністративної відповідальності за вчинення психологічного насильства щодо дітей. Юридичний вісник. 2023. №5. С. 119-126.

Семікоп Н. В. Проблемі аспекти доказування у справах про адміністративні правопорушення за вчинення домашнього насильства щодо дітей. Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія : Юридичні науки. 2023. Том 34 (73). № 6. С. 74-79.

Семікоп Н. В. Роль «гарячих ліній» як суб’єктів запобігання та протидії домашньому насильству щодо дітей. Право і суспільство. 2023. № 6. С. 228-234.

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