International Legal Standards and Foreign Experience in the Field of Prevention, Combating Domestic Violence
The purpose of this article is to clarify the patterns and trends in the development of world legal practice in the field of prevention, combating domestic violence. The theoretical basis of the study are theoretical and methodological principles of mechanisms of socio-legal influence on the manifes...
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| Format: | Article |
| Language: | English |
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National Academy of Internal Affairs
2021-03-01
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| Series: | Науковий вісник Національної академії внутрішніх справ |
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| Online Access: | https://lawscience.com.ua/en/article/download/mizhnarodno-pravovi-standarti-ta-zarubizhny-dosvid-u-sferi-zapobigannya-protidiyi-domashnomu-nasilstvu |
| Summary: | The purpose of this article is to clarify the patterns and trends in the development of world legal practice in the field of prevention, combating domestic violence. The theoretical basis of the study are theoretical and methodological principles of mechanisms of socio-legal influence on the manifestations of domestic violence. Methodology. The methodological tools of the study were chosen taking into account the purpose and subject of the study. In particular, comparative and conceptual pluralistic approaches were applied, which provided the research with an interdisciplinary complex character and an in-depth scientific search for different socio-cultural contexts. This approach helped to reveal the specifics of the implementation of international norms and standards in the national legislation of the world. In particular, the application of the provisions of conceptual pluralism allowed to determine the multiplicity of interpretations of legal constructions and mechanisms of the system of prevention, counteraction to domestic violence while maintaining the inviolability of the original concept. In turn, the method of comparative analysis helped to identify identical and different in the issue of domestic violence in the world in general and in a particular country in particular. The study identified the main trends in the field of prevention, combating domestic violence, namely: the introduction of urgent security, protection regulations, restrictive regulations/orders, the development of a network of social centers, shelters for victims of domestic violence. The structure of a typical correctional program for the change of violent behavior for persons who have committed domestic violence is considered and attention is focused on the thematic sections of this program. It is proved that the initial conditions for the implementation of international standards in the national legislation of the world are to take into account socio-cultural traditions, legal mentality and guidelines of the state and political course. Scientific novelty. Based on the results of the research, a number of conceptual provisions have been formulated and substantiated, which are characterized by scientific novelty and have theoretical and practical significance. The study of international legal standards and foreign experience has improved the theoretical and applied principles of the chosen subject of study. The study of the legal regulation of combating violence in the family, family and everyday life was further developed. The analysis revealed that measures to prevent and combat domestic violence should be constantly improved in accordance with changes in the political and legal course of national and international law. Conclusions. It is established that the subject forms and methods of social and legal influence in the field of prevention, counteraction, domestic violence are the interaction of various components of the state mechanism and are characterized by the implementation of international norms and standards in the national legislation of the world. Addressing domestic violence on the world stage and in a specific state requires, among other things, taking into account the norms of traditional law, national mentality, socio-cultural traditions and is related to the peculiarities of public policy in this area. The prospect of further research is the development of appropriate guidelines and correctional programs |
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| ISSN: | 2410-3594 2786-7382 |