Grounds and procedural order for entering information about criminal offenses related to domestic violence into the Unified Register of Pre-trial Investigations

Abstract

An analysis of scientific approaches and provisions of the criminal procedural legislation of Ukraine regarding the grounds for starting a pre-trial investigation in general, as well as taking into account the specifics of criminal offenses related to domestic violence, was carried out. It is argued that the effectiveness of criminal proceedings depends on the timely detection of the facts of the commission of illegal acts related to domestic violence and the initiation of a pre-trial investigation. It is emphasized that in order to eliminate conflicts in the legislative and by-law normative regulation of the activities of law enforcement agencies at the beginning of the pre-trial investigation, especially of criminal offenses related to domestic violence, the circle of subjects who can independently identify circumstances indicating the commission of a criminal offense should be expanded. It was found that the basis for starting a pre-trial investigation of criminal offenses related to domestic violence, in respect of which criminal proceedings are carried out in the form of a private indictment, is only the statement of the victim. Grounds for initiating criminal proceedings regarding criminal offenses related to domestic violence, which are not provided for by the articles (parts of articles) of the Criminal Code of Ukraine, listed in Clause 1, Part 1 of Art. 477 of the Criminal Procedure Code of Ukraine, there is a statement, a notification (to the call center for preventing and countering domestic violence, gender-based violence and violence against children; other entities implementing measures in the field of preventing and countering domestic violence) and independent detection by an investigator, inquirer or  prosecutor from any source of circumstances that may indicate the commission of a criminal offense related to domestic violence. The procedural order for entering information about criminal offenses related to domestic violence into the Unified Register of Pre-trial Investigations and their content, taking into account the criminal procedural regulation of the beginning of a pretrial investigation, organizational aspects of responding to statements and reports about criminal offenses and entering relevant information into the URPI, as well as features of the mechanism of committing illegal acts related to domestic violence are characterized.