Domestic Violence during War. What Will Interior Ministry Do about It?

Russia's full-scale war against Ukraine has led, among other things, to a change in the crime rate and the mode of operation of law enforcement agencies. After the martial law was introduced, the range of tasks performed by the police was expanded to documenting war crimes, organizing evacuation of civilians, direct participation in the defense of the state, demining, etc.

One of the consequences stemming from the aggression of the terrorist state of Russia against Ukraine was a critically high level of emotional tension in society, especially in the frontline regions. Taken together, the death or injury of relatives, the loss of housing and other property, regular enemy shelling of peaceful settlements and economic difficulties inevitably lead to an increase in the level of domestic violence.

For instance, in 2023, the number of administrative offenses — domestic violence — increased by approximately 20% compared to the same period in 2022 (a total of about 150,000 administrative protocols were drawn up). In the first three months of 2024, the number of persons found to have committed domestic violence increased by 14.2% compared to the same period last year (26,733 in 2023 and 30,529 in 2024).

In the criminal field under Article 126-1 of the Criminal Code of Ukraine, suspicion was reported to 1,395 persons in 2022, 2,527 in 2023 and 868 in four months of 2024. The dynamics of growth is especially noticeable if you compare the figures with the statistics of the relatively peaceful year 2019. At that time, 854 people were notified of suspicion over the course of a year — the number is even lower than the data for four months of 2024. At the same time, it should be taken into account that statistical data are collected exclusively on the territory controlled by the Ukrainian authorities. Considering that the area of the territories occupied by Russia has increased significantly since February 2022 and the number of citizens who have gone abroad is also quite high, the increase in the number of cases of domestic violence compared to the period prior to the full-scale war indicates a rather challenging situation in this area.

The nature of the causes of domestic violence is different. One of the factors is a high level of social tension and permanent stress, which negatively affects the psycho-emotional state of a person, leads to increased aggression and irritability. In medical terms, this is called post-traumatic stress disorder (PTSD) caused by war.

A clear doctrinal relationship between PTSD and the dynamics of domestic violence has not been established, but over the past two years, a significant increase in the number of patients with this diagnosis has been recorded in the electronic health care system. For instance, in 2023, the number of patients with PTSD increased by almost four times compared to 2021, and in the first two months of 2024, the diagnosis was made to virtually the same number of patients as in the entire year of 2021.

Domestic violence, in particular, is associated with mental health disorders; therefore, it is important to implement preventive measures provided by the All-Ukrainian Mental Health Program “How Are You?”, which was initiated by the First Lady of Ukraine.

The issue of domestic violence is sensitive and complex. If there is danger in public places, the victim can call someone for help before the police arrive. When it happens in the safest place for each person — their own home, there is nowhere to wait for emergency help. Abuse by a family member is always implies heightened risk. It is extremely difficult to prevent such offenses with the legally regulated tools currently available in the Ministry of Internal Affairs. At the same time, they can be warned by other family members, relatives, friends, educators, psychologists, doctors, etc. The police will not ask the average passerby how he or she got a bruise under the eye or other visible injuries.

As in the case of any socially sensitive issue, a comprehensive and systematic approach is important, which includes improving legislative support, strengthening the capabilities of practical police units, coordinated interdepartmental interaction and the involvement of experts from among non-governmental and international organizations, conducting educational activities.

Problematic aspects of domestic violence are:

• predicted increase in cases of domestic violence, especially in the conditions of Russia's ongoing armed aggression against Ukraine;
• imperfect legislative regulation, which affects the practice of law enforcement;
• high latency of this type of offense (the victim, for various reasons, often does not want to inform the police about the wrongdoing);
• difficulty of identifying children who witnessed domestic violence;
• insufficient number of properly trained mobile teams for responding to cases of domestic violence.

On December 7, 2017, the Verkhovna Rada of Ukraine adopted the basic Law “On Preventing and Combating Domestic Violence”, which defines the organizational and legal principles and main directions of implementation of state policy in the field of preventing and combating domestic violence, aimed at protecting the rights and interests of victims from the actions of the offender. The powers of the relevant divisions of the National Police of Ukraine are also defined, namely:

1. detection of facts of domestic violence and timely response to them;
2. issuance of urgent injunctions against offenders;
3. control over the implementation of special measures against domestic violence by offenders during the period of their validity;
4. annulment of permits for the right to purchase, store, carry weapons, as well as confiscation of weapons in case of domestic violence.

Police officers are also empowered to enter a person's home without a reasoned court order in urgent cases — when there is an immediate danger to the life or health of the victim.

Within the scope of EU integration aspirations, on June 20, 2022, the Verkhovna Rada of Ukraine also adopted the Law “On the Ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.”

But even an impeccably drafted regulatory act will have no value if its full enforcement is not ensured. The National Police is the only law enforcement body that investigates the specified type of offense and has the legally defined authority to promptly apply coercive measures against the offender (abuser). However, the analysis of the practical experience of domestic violence prevention prompts legislative initiatives to improve enforcement.

The duty of the Ministry of Internal Affairs, as a key state institution that forms security policy, is to analyze all potential and real determinants of domestic violence, to propose optimal models of prevention and investigation of these offenses.

In constructive cooperation with the People's Deputies of Ukraine, two draft laws were developed aimed at the systematic improvement of domestic violence prevention measures.

The first, No. 8329 “On Amendments to the Code of Ukraine on Administrative Offenses in Connection with the Ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)”, proposed:

1. prohibiting the dismissal of cases of domestic violence, gender-based violence and sexual harassment on grounds of insignificance (Article 22 of the Criminal Procedure Code of Ukraine). For 2023, this is 12,500 cases (12%);
2. increasing the term of prosecution for domestic violence to six months (currently three months);
3. notifying the court of the fact of the decision to refer a person to a correctional program (within three days);
4. distinguishing responsibility for committing domestic violence (Article 173-2 of the Criminal Procedure Code of Ukraine) and gender-based violence (Article 173-6 of the Criminal Procedure Code of Ukraine), failure to comply with an urgent injuction (Article 173-8 of the Criminal Procedure Code of Ukraine);
5. introducing administrative liability for sexual harassment (new Article 173-7 of the Criminal Procedure Code of Ukraine);
6. increasing the term of administrative detention for committing domestic violence to 12 hours (currently three hours);
7. granting a child who has witnessed domestic violence the status of a victim in proceedings on administrative offenses (Article 269 of the Code of Ukraine on Administrative Offenses);
8. introducing mandatory substantiation by the court in decisions on the reasons for launching/not launching a correctional program in relation to an offender.

The Verkhovna Rada has adopted this draft law in the first reading, and the people's deputies, together with the Ministry of Internal Affairs and the National Police, have finalized it for the second reading. The relevant parliamentary committee has recommended adopting it as a whole as a law. We sincerely hope for the support of people's deputies during its consideration at the next plenary session.

In the second draft law No. 5629 “On Amendments to Certain Legislative Acts Regarding the Application of Restrictive Measures Against Domestic Violence”, it is proposed to legislate the issue of the use of electronic control tools that monitor the offender's compliance with the requirements of restrictive measures, as well as the prohibition of approaching a person affected by domestic violence. The draft law is awaiting consideration in the first reading, but the relevant parliamentary committee has not considered it yet.

In April last year, an electronic emergency injunction was fully implemented, which enables timely and effective decisions that minimize the negative consequences for the victim of violence.

Most of the problematic issues are planned to be resolved by the end of 2024 through the improvement of legislative support, as well as the involvement of international technical assistance to strengthen the capabilities of the police and improve the qualifications of our employees. The formation of a society's intolerant attitude towards domestic violence undoubtedly has a significant preventive effect; therefore, we bring effort and means to this process, particularly during the work of “safety classes” for children.

We urge citizens not to keep silent about cases of domestic violence and to contact the police immediately. The fight against this phenomenon begins with awareness of the problem and overcoming the internal fear to turn to the competent authorities for help. Silence injures and sometimes kills. Don't rely on luck.

Take care of your family and friends. Do not leave them alone in the face of hardship. The only way to psychologically sustain the path of the war unleashed by Russia until the victory of Ukraine is mutual support and unity.

Read this article in Ukrainian and russian.