Legislative changes came into force on September 1, 2020, which in parallel with issuing the restraining order provide for the possibility of imposing electronic surveillance on abuser in case of violence recurrence real threat. The risk of recurrence of violence shall be assessed based on a questionnaire integrated into the restraining order protocol. While taking the decision to impose electronic surveillance the level of risk of recurrence of crime, already committed crimes, the use of cold steel / firearms in the course of violence and other circumstances shall be taken into account.
Electronic surveillance shall be carried out for a period not more that the period of validity of a restraining order, which shall not exceed the period of 1 month.
The electronic surveillance shall require consent of a victim or his / her legal representative / procedural representative.
In case of imposing of electronic surveillance, an electronic bracelet shall be attached to the body of an abuser. As a result, approaching of an abuser to a victim, as well as approaching to pre-defined areas shall be controlled in real-time.
The issue of establishing electronic surveillance shall be subject to judicial control. The report, issued by the police, shall be submitted to the court for approval within 24 hours. Virtual monitoring of the abuser shall be provided by the Public Security Management Center "112".
Fulfillment of obligations imposed to abuser shall be mandatory. Avoidance by the abuser of electronic surveillance entails liability envisaged by the Criminal Code.
It should be noted that the draft law was initiated by the Ministry of Internal Affairs with the aim of increasing and refining the guarantees for the safety of victims. Prior to the enactment of the draft law, the best practices of foreign countries were shared with the support of the UN WOMEN and the relevant bylaws were prepared with the expert involvement. In order to support the implementation of the system, UN WOMEN donated 100 electronic devices (bracelets) and related infrastructure to the Ministry of Interior.
