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домашнє та насильство з боку інтимного партнера

Cправа №685/656/21 (Case No. 685/656/21)

The appellant was convicted of committing systematic physical and psychological violence against his ex-wife. The eyewitnesses to their fights were minor children. Despite the seriousness of the alleged crime, the first-instance court sentenced the appellant to a three-year restriction of liberty, which means holding a person in an open penal institution (“correctional center”) without isolation from society but under supervision and with compulsory engagement in socially useful paid work under a fixed-term labour contract for a term of one to five years.

Сімейний кодекс України № 2947-III, Статті 109-115: розлучення за рішенням суду (Family Code, arts. 109-115: divorce by court decision)

            Spouses who have children may file to a competent court a divorce application supported by a written agreement detailing with whom the children will live following the divorce, to what extent the other parent will support the children, and the other parent's right to care for the children. The competent court shall award a divorce one month following the submission of the divorce application, if it is established that the divorce application is in line with the genuine intent of the wife and husband.

Сімейний кодекс України № 2947-III, статті 24, 56: добровільність шлюбу та право подружжя на особисту недоторканність (Family Code, arts. 24, 56: voluntary marriage and right of spouses to personal inviolability)

Article 24 of the Family Code of Ukraine specifies that marriage requires the consent of the woman and the man, free from coercion. “Voluntary marriage” is a rather broad concept, which includes the right to freely decide to enter and maintain marriage, as well as to dissolve a marriage and terminate marital relations. At the same time, the Family Code requires that a court declare a marriage null and void if it was registered without the free consent of either party.

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