Problems of legal regulation on gender-based violence in Ukraine and foreign countries

The purpose of the article is to analyse gender-based violence and to study the legal mechanisms for overcoming it in Ukraine. On the basis of scientific findings and proposals, it has been suggested that a new perspective on this issue be taken. The basic concepts of gender-based violence, its form...

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Main Author: T. S. Kyrychenko
Format: Article
Language:English
Published: Kharkiv National University of Internal Affairs 2023-07-01
Series:Law and Safety
Subjects:
Online Access:http://pb.univd.edu.ua/index.php/PB/article/view/705
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author T. S. Kyrychenko
author_facet T. S. Kyrychenko
author_sort T. S. Kyrychenko
collection DOAJ
description The purpose of the article is to analyse gender-based violence and to study the legal mechanisms for overcoming it in Ukraine. On the basis of scientific findings and proposals, it has been suggested that a new perspective on this issue be taken. The basic concepts of gender-based violence, its forms, and European standards that are effective in preventing and combating violence have been studied. The expediency of forming a scientifically based system of prevention, regulation and overcoming of domestic violence has been emphasised. The legislation of different countries has been analysed, the peculiarities of gender-based violence and the factors that influence its occurrence in the family have been identified. The author’s own definition for the term “gender-based violence” has been presented. Both general scientific and special methods of cognition were used in the course of the study. The logical method was used to formulate legal concepts and classify types of violence. The historical method was used to study the historical aspects and chronology of the emergence and development of gender-based violence. The use of the dialectical method has made it possible to determine the legal nature and essence of gender-based violence. The synergistic method has allowed to characterise the legal nature of gender-based violence. The axiological method was used to determine the role of the principle of gender equality in the development of Ukrainian legislation and its implementation into European legislation. The dogmatic method was used to interpret legal acts in terms of their compliance with modern European standards. Based on the analysis of regulatory acts and legal literature, the author proposes a definition of gender-based violence as an activity or behaviour aimed at maintaining the advantage of one party over another, depending on gender status. It can be physical violence, mental violence, sexual violence, economic violence, stereotypical behaviour.
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spelling doaj-art-2930e0cdac6b48318f0574b2bda867232025-02-03T01:37:18ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332023-07-01892778610.32631/pb.2023.2.07705Problems of legal regulation on gender-based violence in Ukraine and foreign countriesT. S. Kyrychenko0Kharkiv National University of Internal AffairsThe purpose of the article is to analyse gender-based violence and to study the legal mechanisms for overcoming it in Ukraine. On the basis of scientific findings and proposals, it has been suggested that a new perspective on this issue be taken. The basic concepts of gender-based violence, its forms, and European standards that are effective in preventing and combating violence have been studied. The expediency of forming a scientifically based system of prevention, regulation and overcoming of domestic violence has been emphasised. The legislation of different countries has been analysed, the peculiarities of gender-based violence and the factors that influence its occurrence in the family have been identified. The author’s own definition for the term “gender-based violence” has been presented. Both general scientific and special methods of cognition were used in the course of the study. The logical method was used to formulate legal concepts and classify types of violence. The historical method was used to study the historical aspects and chronology of the emergence and development of gender-based violence. The use of the dialectical method has made it possible to determine the legal nature and essence of gender-based violence. The synergistic method has allowed to characterise the legal nature of gender-based violence. The axiological method was used to determine the role of the principle of gender equality in the development of Ukrainian legislation and its implementation into European legislation. The dogmatic method was used to interpret legal acts in terms of their compliance with modern European standards. Based on the analysis of regulatory acts and legal literature, the author proposes a definition of gender-based violence as an activity or behaviour aimed at maintaining the advantage of one party over another, depending on gender status. It can be physical violence, mental violence, sexual violence, economic violence, stereotypical behaviour.http://pb.univd.edu.ua/index.php/PB/article/view/705gender-based violenceeuropean standardsnational legislationcombating and preventing domestic violence.
spellingShingle T. S. Kyrychenko
Problems of legal regulation on gender-based violence in Ukraine and foreign countries
Law and Safety
gender-based violence
european standards
national legislation
combating and preventing domestic violence.
title Problems of legal regulation on gender-based violence in Ukraine and foreign countries
title_full Problems of legal regulation on gender-based violence in Ukraine and foreign countries
title_fullStr Problems of legal regulation on gender-based violence in Ukraine and foreign countries
title_full_unstemmed Problems of legal regulation on gender-based violence in Ukraine and foreign countries
title_short Problems of legal regulation on gender-based violence in Ukraine and foreign countries
title_sort problems of legal regulation on gender based violence in ukraine and foreign countries
topic gender-based violence
european standards
national legislation
combating and preventing domestic violence.
url http://pb.univd.edu.ua/index.php/PB/article/view/705
work_keys_str_mv AT tskyrychenko problemsoflegalregulationongenderbasedviolenceinukraineandforeigncountries