System of national subjects of combating criminal offenses related to gender-based violence in conditions of armed conflict (martial law)

Abstract

The article is devoted to the analysis of the system of national actors for combating criminal offenses related to gender-based violence in the context of armed conflict (martial law). The author notes that a system of bodies, including both national and international ones, has been established in Ukraine to combat gender-based violence. Such bodies should be empowered to protect the rights of vulnerable groups of the population, including in the context of armed conflict, and to develop and improve mechanisms for combating violations of their rights.
It is noted that in the national legislation, among all forms (types) of gender-based violence, the most regulated are the issues of interaction between the actors of combating domestic violence (gender-based violence) and human trafficking. Based on the analysis of legal acts on combating domestic violence, gender-based violence and human trafficking, the author schematically compiles a list of actors involved in combating these criminal offenses.
It is noted that a large number of legal acts on combating domestic violence and human trafficking creates confusion among the powers delegated to the subjects of combating such criminal offenses. It is established that the Law of Ukraine of 07.12.2017 No. 2229-VIII “On Preventing and Combating Domestic Violence” also refers to the subjects of combating gender-based violence, but the definition of this definition is not given.
The author concludes that the Concept of combating gender-based violence in the context of armed conflict (martial law), including the determination of the mechanism of interaction between the subjects of combating such criminal offenses, should play an important role in combating criminal offenses related to gender-based violence in the context of armed conflict. It is emphasized that even the Law of Ukraine of 20.11.2024 No. 4067-IX “On Legal and Social Protection of Victims of Sexual Violence Related to the Armed Aggression of the Russian Federation against Ukraine and Provision of Immediate Interim Reparations” does not establish the range of actors involved in the Commission for Consideration of Issues Related to Recognition of a Victim of Sexual Violence Related to the Armed Aggression of the Russian Federation against Ukraine, except for the Ministry of Social Policy of Ukraine.