Case of “Levchuk vs Ukraine” and its importance for the protection of women from domestic violence in Ukraine

Abstract

The paper is devoted to the characterization and analysis of the content of the key positions of the European Court of Human Rights embodied in the judgment in Levchuk v. Ukraine and related to the protection of the right to a fair trial, the right to an effective remedy and the right to respect for private and family life in the context of the protection and restoration of the applicant`s violated rights in connection with the commission of domestic violence against her. Therefore the purpose of the paper is to establish the content of the ECtHR’s legal opinions and positions embodied in the judgment in Levchuk v. Ukraine in the light of combating domestic violence, protecting victims and the prospects of the Court’s impact on domestic violence prevention and protection in Ukraine. Author states that the ECtHR's findings as to the need for the national court to take into account the risks of future physical and psychological violence by the applicant's ex-husband and cohabitant in deciding on his eviction as a realization of a right to an effective remedy not only per se, but also in an expedited trial. These components suggest that the Court in this case established a positive obligation on the part of the State of Ukraine through its judicial and law enforcement system to ensure the effective protection of the applicant from domestic violence. It is argued that despite the application by the ECtHR in this case only individual measures in the form of payment of compensation to the applicant, the precedent nature of the judgment in Levchuk v. Ukraine and the Court’s legal findings in the context of combating domestic violence in our country can lead to gradual and thorough regulative and administrative changes, approaching the moment of ratification of the Istanbul Convention by Ukraine.