PROTECTION ORDER: INTERNATIONALSTANDARDS, FOREIGN EXPERIENCE AND NATIONAL PRACTICE

2021 ◽  
Vol 6 (2) ◽  
pp. 89-98
Author(s):  
Firuza Khamdamova ◽  
Keyword(s):  
Domestic Violence ◽  
Protective Order ◽  
Foreign Experience ◽  
Restraining Order ◽  
Foreign Countries ◽  
Protective Orders ◽  
The Right ◽  
Protection Order ◽  
National Practice

The article is devoted to the experience of using a protection order to protect victims of domestic or domestic violence. The article provides an overview of relevant international documents, considers the experience of a number of foreign countries, as well as the experience of Uzbekistan. The article notes that along with the concept of "protection order", there are the concepts of "restrainingorder", "protective order", "injunction", "restraining order", etc. In the practice of foreign countries, as a rule, there are 2 types of protective orders -issued for a shorter period (by the police) and for a longer period (by the court). In parallel with the protection order procedure, the victim has the right to apply to the court for compensation and prosecution of the aggressor

scholarly journals Urgent restraining and restrictive orders as special response forms for domestic violence: international experience and national practice

2018 ◽  
Vol 71 (4) ◽  
pp. 60-65
Author(s):  
K. B. Levchenko ◽  
M. M. Lehenka
Keyword(s):  
Domestic Violence ◽  
International Experience ◽  
Legal Analysis ◽  
Protective Order ◽  
Restraining Order ◽  
Temporal Restriction ◽  
Restrictive Measures ◽  
National Police ◽  
National Practice ◽  
Current Stage

The authors of the article have substantiated the importance of the prevention of domestic violence and proper response to such cases in accordance with European and world standards. The authors have analyzed international experience of introducing restrictive measures for the persons who have committed domestic violence and the differences between urgent restraining and restrictive orders provided by the Law of Ukraine “On Prevention and Combating Domestic Violence” in order to create conditions for their effective application in practice. The authors have also analyzed the content of the restrictive order regarding the abuser as established by the court procedure as a mean of temporal restriction of the rights or the assignment of duties to a person who committed domestic violence aimed at ensuring the safety of the victim. The authors have characterized the urgent restraining order as a special measure to counteract domestic violence, which is used by the authorized units of the National Police of Ukraine as a response to the fact of domestic violence and aimed at its immediate termination, elimination of the danger to the lives and health of victims and preventing the continuation or re-execution of such violence. The procedures of application of the above mentioned orders have been provided. The comparative and legal analysis of the restrictive and urgent restraining orders has been carried out. International experience of applying a protective order in combating domestic violence has been generalized; reference to the relevant regulatory acts has been provided. It has been noted that the current stage of normative and legal, organizational and law-enforcement provision for combating domestic violence in Ukraine is characterized by both significant progress and serious problems that impede the mentioned progress. These problems are largely in the field of lawmaking and require more attention to the adoption of relevant regulatory acts.

scholarly journals Conflicts of values in law-making: the political and legal nature and effectiveness of domestic violence protective orders

2020 ◽  
pp. 215-242
Author(s):  
Anna Gurinskaya
Keyword(s):  
Domestic Violence ◽  
Due Process ◽  
State Intervention ◽  
The Political ◽  
Protective Order ◽  
Protective Orders ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
Law Making

The paper asserts the existence of a long-term political and legal conflict over the adoption of the law on the prevention of family and domestic violence in Russia. It is argued that this conflict reflects a discrepancy in values related to the limits of state intervention in the lives of citizens in order to ensure security. The protective order is currently considered to be a key object of conflict in the field of domestic violence law-making and criminal law policy. Analysis of the attitudes of the parties of this conflict towards this measure reveals that the initiators of the law are in the position of prioritizing the right to security and state protection for victims, while their opponents give priority to the value of the right to privacy. Based on a review of the literature on the political and legal nature of protection orders, their legislative regulation, as well as their validity, it is concluded that this measure is aimed to be coercive while its application is not accompanied by due process guarantees. Protective orders belong to the category of coercive preventive measures, the widespread use of which as solutions for crime control is of concern to lawyers and criminologists. A significant number of studies on the effectiveness of protective orders do not allow us to conclude unequivocally that this tool reduces the level of recidivism and provides needed protection to the victim. A protective order has a potential to enhance conflict and, in some instances, can lead to an escalation of violence. It is suggested that one of the possible solutions for the resolution of the ongoing law-making conflict is the option of abandoning the protective orders as a staple for preventing family conflicts and domestic violence. The reported study was funded by RFBR (project № 19–111–50667 «Expansion» «Protective order as an instrument of domestic violence prevention: legal nature and effectiveness»).

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

scholarly journals An Updated Assessment of Personal Protective Order Statutes in the United States: Have Statutes Become More Progressive in the Past Decade?

2017 ◽  
Vol 24 (7) ◽  
pp. 816-842 ◽  
Author(s):  
Tara N. Richards ◽  
Alison Tudor ◽  
Angela R. Gover
Keyword(s):  
United States ◽  
Domestic Violence ◽  
The United States ◽  
Personal Protection ◽  
Policy And Practice ◽  
Protective Order ◽  
The Past ◽  
The Many ◽  
Protection Order

The Personal Protection Order (PPO) is one civil intervention all states provide to victims of domestic violence; however, each state varies widely in who can access PPOs, what protections are included in PPOs, and how they are enforced. Given the many changes to state PPO statutes over the last decade, this research replicates and updates DeJong and Burgess-Proctor’s research on PPOs’ victim-friendliness (using states’ 2003 PPO statutes) by examining states’ 2014 PPO statutes. Findings suggest that states have become more victim-friendly with most states ranking in the highest category of victim-friendliness. Implications for policy and practice are discussed.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE ADMINISTRATIVE DETENTION OF OFFENDERS FOR COMMITTING DOMESTIC VIOLENCE: FOREIGN EXPERIENCE AND NATIONAL PRACTICE

2021 ◽  
Vol 76 (3) ◽  
pp. 101-107
Author(s):  
Olha Merdova ◽  
◽  
Ivan Khozlu ◽  
Marуna Shulga ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Criminal Responsibility ◽  
Extended Period ◽  
Legal Regulation ◽  
Domestic Relations ◽  
Foreign Countries ◽  
Illegal Acts ◽  
The Republic ◽  
National Practice ◽  
Administrative Detention

The article is devoted to the analysis of administrative and legal regulation of administrative detention of offenders for committing domestic violence in some foreign countries. The author found that in most foreign countries there is no institution of administrative detention, due to the lack of division of criminal and administrative offenses, and detention of offenders for domestic violence is carried out within the implementation of the institute of criminal responsibility. The experience of such countries as Estonia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova, the Republic of Tajikistan, the Republic of Turkmenistan, the Republic of Uzbekistan, where the institution of administrative detention is legally established, has been studied. It was found that not in all of the countries we analyzed, administrative tort law contains a special offense that establishes administrative liability for domestic violence, quite often illegal acts covered by the concept of «domestic violence» are classified under other rules related to the task of harm to health or insults in the field of family and domestic relations. The legislative regulation of administrative detention, its grounds and terms are analyzed. It is emphasized that administrative detention for domestic violence is common in many countries, its terms vary from 3 hours to 72 hours, and one of the reasons for establishing an extended period of administrative detention is the presence in the sanction of an article qualifying the act, a penalty of administrative arrest. The conclusion on expediency of fixing of special term of administrative detention for commission of the administrative offense provided by Article 173-2 of the Code of Ukraine on Administrative Offenses, increasing it to three days, which will actually implement the purpose of this measure to ensure the proceedings – the cessation of domestic violence.

scholarly journals Sustainable Development of the Mountain Territory of the Ukrainian Carpathians: Foreign Experience and Domestic Realities

2018 ◽  
Vol 5 (1) ◽  
pp. 120-127
Author(s):  
Inna Chervinska ◽  
Andrii Chervinskyi
Keyword(s):  
United States ◽  
Sustainable Development ◽  
The United States ◽  
Cultural Development ◽  
Mountain Areas ◽  
Foreign Experience ◽  
Mountainous Regions ◽  
Factors Influencing ◽  
Foreign Countries ◽  
National Practice

The article describes the factors and indicators of sustainable development of mountain areas. The authors analyse the experience of foreign countries in the educational and socio-cultural activities of the inhabitants of the mountains, determine the prospects for its implementation in the mountainous regions of the Ukrainian Carpathians. The researches determine the ways and prospects of development of mountain territories of the Ukrainian Carpathians compare foreign experience of some European countries and the United States on sustainable development. The purpose of the article is based on studying the experience of mountainous countries, identifying the leading factors influencing their sustainable development and revealing the prospects for their implementation in the mountainous regions of the Ukrainian Carpathians. In accordance with the purpose of the study, features of mountain areas were outlined, the factors that determine the specifics of their educational, ecological, economic and socio-cultural development are described. The authors analysed international experience of managing the development of mountain areas in order to determine the possibilities of its use in national practice

Effects of Intimate Partner Violence Perpetrator and Victim Race on Protective Order Determinations

2021 ◽  
pp. 088626052110281
Author(s):  
Alexandria P. Winstead ◽  
Margaret C. Stevenson
Keyword(s):  
Intimate Partner Violence ◽  
Partner Violence ◽  
Sexual Offending ◽  
The United States ◽  
Intimate Partner ◽  
Racial Minority ◽  
Policy And Practice ◽  
Protective Order ◽  
Protective Orders ◽  
Protection Order

The legal granting of temporary and permanent protective orders prohibits a perpetrator from engaging in contact with the victim. Although protective orders reduce risk of re-abuse, very little research has explored factors that predict the likelihood that a victim is granted a protective order. Thus, we conducted an archival analysis on data previously collected from a Protection Order Assistance Office in a midwestern region of the United States, testing the influence of victim and perpetrator race on protective order allocations. Specifically, we coded data gathered from 490 petitioners (i.e., victims) seeking a protective order against a perpetrator of intimate partner violence, stalking, or sexual offending. Analyses revealed that racial minority victims were significantly less likely to receive a temporary protective order compared to White victims – effects that were exacerbated when the perpetrator was White (versus racial minority). These results are in line with existing research and theory regarding aversive racism. Implications for theory, policy, and practice are discussed.

“I Don’t Know That I’ve Ever Felt Like I Got the Full Story”: A Qualitative Study of Courtroom Interactions Between Judges and Litigants in Domestic Violence Protective Order Cases

2018 ◽  
Vol 24 (12) ◽  
pp. 1474-1496 ◽  
Author(s):  
Cara J. Person ◽  
Kathryn E. (Beth) Moracco ◽  
Christine Agnew-Brune ◽  
J. Michael Bowling
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Intimate Partner Violence ◽  
Partner Violence ◽  
Intimate Partner ◽  
District Court ◽  
Protective Order ◽  
Information Availability ◽  
Protective Orders ◽  
Case Files

One in three U.S. women has experienced intimate partner violence (IPV) and many seek domestic violence protective orders (DVPOs) for secondary IPV prevention. Because judges have considerable autonomy making DVPO decisions, there is a need to describe how courtroom interactions and information available to judges may influence DVPO dispositions. We conducted DVPO hearing observations and phone interviews with District Court Judges. Qualitative themes emerged that may influence judges’ decision making in DVPO hearings: case information availability, judge engagement level, and litigant credibility. Recommendations include more time for judges to review case files, IPV-related training for judges, and increased court advocate use.

The Use of Structural Intersectionality as a Method to Analyze How the Domestic Violence Civil Protective Order Process Replicates Inequality

2020 ◽  
pp. 107780122095849
Author(s):  
Alesha Durfee
Keyword(s):  
Domestic Violence ◽  
Social Inequalities ◽  
Historical Context ◽  
Social Identities ◽  
Legal Systems ◽  
Order Process ◽  
Protective Order ◽  
Protective Orders

While protective orders remain a commonly used resource, multiply marginalized survivors are often unable to file for, obtain, serve, and enforce orders. I argue that using structural intersectionality as a method is the best way to reveal how the protective order process replicates broader social inequalities. I advocate for an alternative way of using structural intersectionality. I first identify the mechanisms by which inequalities exist and then describe how these can be traced back to intersecting social identities. In doing so, I highlight the importance of historical context and the blurring of the civil and criminal legal systems.

scholarly journals Foreign experience of financial support of municipal education and possibilities of its adaptation to domestic realities

2020 ◽  
pp. 69-85
Author(s):  
Nadia Kulchytska
Keyword(s):  
Economic Development ◽  
Local Government ◽  
Local Authorities ◽  
Foreign Experience ◽  
Social Sphere ◽  
Foreign Countries ◽  
The Social ◽  
Socio Economic Development ◽  
State And Local ◽  
The Right

Introduction. Under conditions of radical social change, a sensitive segment of the development of a modern civilized country is the social sphere, whose activities directly depend on the amount of funding, efficiency and speed of transformational change, which has an impact on the level and volume of local services. The study of experience gained abroad in the socio-economic development of municipal education as a segment of the social sphere, in the context of the budgetary mechanism for state and regional priorities is relevant in terms of organic integration of Ukraine’s economy into the European Union (EU) and rapid changes in geopolitical environment. The purpose of the study is to reveal the specifics of the functioning of the budgetary mechanism of socio-economic development of municipal education, based on lessons learned from foreign countries, and to apply them to the maximum benefit for the development of municipal education in Ukraine. Methods. During the study, methods of data collection and systematization, analysis, synthesis, grouping, comparison, generalization, as well as tabular-graphical method of budget regulation instruments in EU countries, foreign experience in forming sources of local budgets, etc. were used. Results. Under the current conditions, solving financial problems in the field of municipal education is an urgent task for Ukrainian and foreign practice of state and local government. Risky economic conditions, significant budget insecurity and low efficiency of local authorities in the management of financial resources often lead to the emergence and existence of local communities that are financially insolvent. The process of functioning of the budgetary mechanism of socio-economic development at the state and regional levels is accompanied by a number of such factors: the approved model of cooperation between state and local administrations, the current budgeting system, the level of decentralization of revenue and the distribution of responsibilities. Local taxes and fees are an important tool of the budgetary mechanism of socio-economic development of the social sphere at the regional level in foreign countries. Perspectives. Acquired foreign lessons are very useful for Ukraine due to the stimulation of socio-economic development of education in the context of decentralization in the direction of: redistribution of management functions and increase the level of responsibility in favor of local government representatives; granting local authorities and management the right to form budget funds through the regulation of local tax rates, as well as the right to distribute such funds; strengthening the level of diversification of the tax base of the regions, namely: by expanding the revenue base of local budgets.

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