The Council of Europe Convention on preventing and combating violence against women and domestic violence – selected constitutional issues

The article focuses on issues related to ratification in Poland of the Council of Europe Convention on preventing and combating violence against women and domestic violence. It includes an analysis of constitutionality of the certain provisions of the Convention. In the author’s view, the Convention does not contain any provisions inconsistent with the Constitution of Poland. However, he claims that proper interpretation of this document requires analysis of its authentic texts in English and French.

A frequent reason for women remaining in harmful, abusive relationships is mainly fear of revenge, losing children, sense of guilt and erroneous conviction on abuse. Financial dependence and a lack of familiarity with forms of assistance and available support force a woman to remain in a disordered relationship, sometimes running afoul of the law. Sometimes it is the case that during yet another bout of abuse they reach for any object at hand and give a fatal blow to their torturer-the worst and at the same time the saddest scenario. Both options result in “the end” of one suffering-experiencing violence and the onset of another one related to serving a custodial sentence. In this article I would like to signal that some life paths combine those two awful experiences implying an absence of support of the immediate environment as well as of institutional support by entities whose responsibility it is to provide help.

Universally, men and women suffer in relationships before or after marriage which is detrimental to health. This paper examined the percentage of intimate partner violence in both the highly educated and not educated families to assertain which one has a higher percentage of violence than the other. It also aimed to investigate variations in causes of intimate partner violence in both family types and to examine the effects of violence on both families. The study adopted purposive sampling among market women and civil servants on Eti-Osa Local Government Area, Victoria Island, Lagos. The techniques of enquiry are questionnaire and interview among these chosen classes of people. The sample size is 200; 100 men and 100 women. The paper concluded that the percentage of domestic violence is higher in the illiterate families, though the causes and effects are slightly different. The paper recommended education to curb domestic violence in the society.

Restricting Instruction as a Case of Separate Proceedings in the Civil Procedure of Ukraine

The article is devoted to a study on the new institute of civil justice in Ukraine - a restrictive regulation, which is defined as a form of protection of any person from domestic violence. The research analyzes statistics on appeals to law enforcement agencies with allegations of domestic violence, the number of open criminal proceedings on these facts and reports of suspicion, the number of cases of administrative offenses, the trend of increasing applications, because in 2019 the National Police In Ukraine, 141 814 allegations and reports of offenses and other events related to domestic violence were registered, and in 2020 this figure increased by a third to 208 784. The case law on the procedure for consideration by courts of applications for issuance and extension of a restrictive order, on the amount of evidence submitted in a particular case has been studied separately; requirements for the application for the issuance or extension of a restrictive order, the terms of consideration of such applications, the procedure for their appeal. The paper identifies the legal features and shortcomings of the restrictive order, the period for which such an order is issued, the measures in accordance with which (which) the person of the offender may be assigned certain responsibilities. The aim of the article is to discuss current issues in the field of law enforcement response to cases of domestic violence and the use of restrictive regulations as a measure to combat this phenomenon in civil proceedings. The concept of responsibility for domestic violence and abuse of family members has been studied. The Law of Ukraine “On Preventing and Combating Domestic Violence”, the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence was opened for signature in Istanbul (Turkey) on May 11, 2011 and an explanatory report. Based on the analysis of theoretical views of scientists and current legislation of Ukraine, a description of special measures to prevent domestic violence. The author suggested the possibility of issuing a restraining order at the stage when the offender has not yet been prosecuted (criminal or administrative) for domestic violence, simplified the list and requirements for evidence to be submitted to the court together with the application for continuation of the restrictive prescription. General scientific research methods were used in the work, namely empirical - description, and theoretical - analysis, generalization.