The law #2227-VII that provides the criminal liability for the domestic violence has come into force in Ukraine. Earlier it was published at “Holos Ukrayiny”.
The domestic violence is the intentional, systematic physical, psychological or economical violence against the spouse or ex-spouse, member of the family, close person that leads to the physical or psychological misery, health problems, disability, emotional dependence or deterioration of living quality of the victim. A person can be punished for this by 50-240 hours of the public works, arrest up to 6 months, up to 5 years of restraint or imprisonment up to 2 years.
The criminal liability is imposed not only for the illegal abortion but also for the illegal sterilization. Thus, the forced sterilization without the agreement of a person provides the punishment in the form of the up to 5 years of restraint without a right to occupy the particular posts up to 3 years or without this. If the forced sterilization led to the serious consequences or death – the issue is about the restraint of arrest up to 5 years or ban for the holding of the particular activity up to 3 years or without this.
The forced abortion without the agreement of a victim brings the restraint up to 5 years or imprisonment up to 3 years with the ban for the holding of the particular activity up to 3 years or without this.
The forced marriage also brings criminal liability as well as the continuation of the forced marriage, cohabitation and its continuation or encourage for emigration. The arrest up to 6 months, restraint or imprisonment up to 3 years are provided. More severe punishment is provided in the cases when the violation was repeated in a year, or it was committed by a group of people or against two and more people or against a person who did not reach the marriageable age. In such case, the issue is about restraint or imprisonment up to 5 years.
Also, the article on the rape will act in the new edition of the law. It is the actions of the sexual nature connected with vaginal, anal or oral penetration in the body of another person with the use of the sex organs or any other item without the voluntary consent of the victim. The punishment remains to be the same – imprisonment up to 5 years. The criminal liability provided for the rape of the spouse or ex-spouse, relative or close person – the abuser can be imprisoned up to 5-10 years. Also, there is a separate point “rape of a person under 14 years, regardless of the voluntary consent”, the sanction is the imprisonment up to 8-15 years.
The formulation “Forced sexual satisfaction in an unnatural way” was replaced by the formulation “sexual abuse”. Particularly, the issue is about the sexual violence not connected with the penetration in the body of another person without the voluntary consent of the victim. Such actions against the spouse or ex-spouse, relative or close person will be punished with the imprisonment up to 3-7 years or if such actions committed against person serving the call of duty, professional or public duty or pregnant woman. Sexual abuse against a person under 14 years regardless of the voluntary consent brings criminal liability in the form of the detention up to 5-10 years.
Forced sexual relation can be fined by $30 or an abuser can arrest up to six months. In the new edition, the restrictions were changed: arrest up to six months or imprisonment up to three years. If one of such violations took place under the threats of the destruction, damaging or confiscation of the property of the victim or relative, or of the divulging of the information that denigrates a person or the relatives – the restriction or imprisonment up to 3 years is provided.
If a victim refused from the accusation in the criminal proceeding on the domestic violence, the proceeding can be not closed. The negotiation on the reconciliation can be concluded only under the initiative of the victim.
The court can apply the restrictive measures against the accused in the domestic violence up to 1 year. Particularly, a person can be banned to visit the house of a victim, approach victim’s workplace and other places that victims visits regularly. If the domestic violence was aimed against a child or it was committed in the presence of a child, the communication with the last can be restricted. A person recognized as guilty can be sent to the programs of the abusers or probation program. The local organ of probation will control the behavior of the convicted or the military unit will do it if the issue is about a soldier. The non-performance of the restrictive measures will lead to the arrest up to 6 months or imprisonment up to 2 years.
The commitment of the crime under the influence of the deep emotion caused by the violence or such that denigrates the dignity and honor of a person and with the presence of such systematic behavior by the victims are mitigating circumstances. The premeditated murder committed in the state of the deep emotion will be punished by arrest or imprisonment up to 5 years.
The Ukrainian Parliament adopted the draft law on the prevention and counteraction the domestic violence by 237 voted on December 6, 2017. It provided the creation of the Unified Register of Domestic Violence Cases and Gender-Based Violence. Also, the draft law was criticized for the removal of ‘gender stereotypes’ term from it and the MPs did not succeed to return it. Iryna Gerashchenko, the First Vice Speaker noted that the draft law in such form contradicted the Istanbul Convention that Ukraine intends to ratify.