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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenthe service of police inspectors or the criminal police on juvenile matterson a preventive register.— A person who has committed an act of domestic violence after receivingan official warning about the inadmissibility of such violence, maybe issued with a protection order by the police inspectors service orcriminal police on juvenile matters, having agreed this with the headof the relevant Internal Affairs body and the Prosecutor.— A decision to obtain compensation from a person responsible fordomestic violence for the expenses incurred on keeping the victimsof domestic violence in specialized institutions for such victims istaken by the court according to legally established procedure onthe application of the administration of the specialized institutionconcerned.As we see, these measures are placed within the administrative branch oflaw and envisage certain legal restrictions should they be applied. The procedurefor their application is, furthermore, considerably simplified. The courtdoes not take part in this process. Administrative liability is envisaged for infringementsof the Law on Preventing Violence in the Family. This concerns Article173-2 of the Code of Administrative Offences mentioned earlier. It envisagesliability for domestic violence, failure to observe a protection order or toundergo a corrective programme. The provisions of the Law are thus ensuredthrough the State’s coercive power.Presidential Degree “On a Concept Framework for the Development ofCriminal Justice with regard to Minors in Ukraine” from 24 May 2011. No. 597The aim of this Concept framework is to create in Ukraine a fully-fledgedsystem of criminal justice for minors capable of ensuring the lawfulness,justification and efficacy of each decision regarding a child who has comeinto conflict with the law, linked with their re-education and further socialsupport.The existence of this Concept Framework and the backup and mechanismsfor implementing the institutions aimed at prevention of ill-treatmentof children are ineffective and need change.Work on developing juvenile justice is planned in the following directions:— Improvement of the system for prevention of juvenile crime based onthe use of restorative and proactive methodology;73

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