Legal status of victims of domestic violence as recipients of free legal aid

Abstract

The article is devoted to the analysis of regulatory legal acts that establish the legal status of a person who has suffered from domestic violence as one of the categories of people who are provided with free secondary legal aid. The focus is on the fact that, in addition to the right to free secondary legal aid, people who have suffered from domestic violence, like others who are legally present in the territory of Ukraine, have the right to free primary legal aid. It is highlighted that victims of domestic violence can be both adults and children, these are people under the age of 18 who have experienced any forms of domestic violence. The focus is on the appropriate usage of the terms “violence” and “victim” as opposed to the terms “abuse” and “abuse victim”. It has been established that the content of the legal status of people who have suffered from domestic violence is fixed in the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, according to which the norms that define the rights and obligations of adults who have experienced domestic violence and children as well are distinguished. It has been analyzed that the content of the legal status of both adults and children who have undergone any forms of domestic violence have the same set of rights. However, additional guarantees of protection have been established for children, considering that their abusers may be their parents or legal representatives. It is determined that the realization of rights by people affected by domestic violence is ensured, in particular, by the implementation of the Model Program for Victims, which is aimed at providing comprehensive support and socio-psychological rehabilitation of victims who endure psychological, sexual, physical and/or economic forms of domestic violence. It is considered that people affected by domestic violence, implementing their rights to free secondary legal aid, additionally acquire a special legal status, which is secured in the Law of Ukraine “On Free Legal Aid”.