SOME ISSUES OF CONCLUSION OF AGREEMENTS IN PROVISIONS ON DOMESTIC VIOLENCE

Abstract

The article identifies the trends in entering into agreements in domestic violence proceedings and the typical problematic issues that arise in this regard in the period of 2019-2023. The author identifies the following as the key criminal law issues: insufficient use of the corrective and preventive potential of restrictive measures provided for in Article 911 of the CCU; an increase in the number of cases of sentencing based on plea agreements rather than reconciliation agreements, and the risks of not taking into account the position of the victim in this matter. Comparing the situations in the law enforcement practice which took place at the beginning of the entry into force of Art. 126-1 of the CC of Ukraine and the current one, we can identify certain positive trends in solving previous criminal law problems. Thus, the absence in the CC of Ukraine of an indication of the possibility of imposing restrictive measures under Article 91- 1 of the CC of Ukraine on the basis of both a reconciliation agreement and a plea of guilty is not an obstacle to their imposition. In the course of the study, the author established a tendency towards a gradual increase in the imposition of restrictive measures, including at the initiative of the victim. In general, restrictive measures in sentencing are applied by the court both on the initiative (petition) of the prosecutor, the victim, and on the court's own initiative. Promising areas for further analysis of the situation with the conclusion of reconciliation and plea agreements in domestic violence cases should include compliance with the general principles of sentencing on the basis of such agreements, in particular, compliance with the requirements for inadmissibility of taking into account the signs of a criminal offense as aggravating circumstances, correct assessment of the actual circumstances of a criminal offense in order to ensure the principle of individualization of criminal liability and punishment, and the imposition of such measures.