Prospects for Improving Administrative and Legal Support for the Application of an Urgent Restraining Order

• Published in: Проблеми сучасних трансформацій. Серія: право, публічне управління та адміністрування no. 12
• Main Authors: Golovko, Liudmyla, Vysotskyi, Volodymyr, Medvedska, Viktoriia
• Format: Journal Article
• Language: English
• Published: 13.04.2024
• ISSN: 2786-5746; 2786-5746
• DOI: 10.54929/2786-5746-2024-12-01-01

The article identifies the prospects for improving the administrative and legal support for the application of an urgent restraining order, which is a type of special measures to respond to manifestations of domestic violence. It is determined that the ratification of the Istanbul Convention and the need to amend the current legislation of Ukraine on combating domestic violence in this regard have a positive impact on the protection of the rights of victims. The purpose of the study is to determine the prospects for improving the administrative and legal support for the application of an urgent restraining order in Ukraine. In the course of writing this article, the following methods were used: dialectical, comparative and axiological. The author reveals the essence of the concept of an urgent restraining order and identifies its main features. The author emphasizes that it is appropriate to use the phrase "special measures to combat domestic violence" rather than "special measures to combat domestic violence". It is emphasized that the functions of an urgent restraining order are aimed not only at combating but also at preventing domestic violence, since they also aim to influence the personality of the offender in order to prevent the recurrence of domestic violence. A comparative analysis of the UAE and Spanish legislation on the application of an urgent restraining order is made, which may be appropriate for Ukraine to adopt. The author formulates promising directions for improving the administrative and legal support for the application of an urgent restraining order, namely: 1) strengthening of administrative liability for failure to comply with an urgent restraining order; 2) determination at the legislative level of the possibility to extend the term of an urgent restraining order until the end of consideration in court of the affected person's application for a restraining order. The article is of a theoretical nature and identifies the prospects for improving administrative and legal support in accordance with the subject matter of the study.