Review

This article is devoted to the preconditions for improving national legislation in the context of preventing violence against women and domestic violence. It is noted that main purposes of the Council of Europe Convention on preventing and combating violence against women and domestic violence are to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence. The Convention is based on the understanding that violence against women is a form of gender-based violence that is committed against women because they are women.

The article explores the main changes to the Criminal and Criminal Procedural Codes of Ukraine in order to implement the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence. It has been established that the proposed changes introduce additional measures aimed at creating measures, protective and punitive criminal-law mechanisms for combating various forms of violence against women and domestic violence. The main directions of further improvement of the current legislation in this area are formulated, taking into account that certain legislative novels do not take into account provisions of other norms of legislation or substantially duplicate them. It is also established that the proposed changes do not meet the principle of legal certainty, which is an integral part of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine, and does not take into account the legal positions of the Constitutional Court of Ukraine, which concluded that the defining elements of the rule of law are, the principle of legal certainty, clarity and unambiguity of the legal norm.

Key words: domestic violence, implementation, victim of violence, criminal legislation, Istanbul Convention.