Screams, threats, and humiliation: why the court in Sumy closed the domestic violence case
The Kovpakivskyi District Court of Sumy reviewed the materials regarding bringing a person to administrative responsibility for committing psychological domestic violence, as provided by part three of article 173-2 of the Code of Ukraine on Administrative Offenses. The court examined the materials provided by the Sumy District Police Department of the National Police in Sumy region and verified the validity of qualifying the person's actions as a repeated offense in the field of domestic violence.
The essence of the case
According to the case materials, based on the administrative offense protocol dated January 1, 2026, drawn up under series VAD No. 777108, on January 1, 2026, at approximately 17:08, the person, being at their place of residence, committed psychological domestic violence against their daughter.
According to the protocol, the actions consisted of shouting, threats of physical violence, and humiliation of the victim, which, according to the police, caused harm to her psychological health.
The police qualified the actions under part three of article 173-2 of the Code of Ukraine on Administrative Offenses as a repeated domestic violence offense committed within a year by a person who had already been subjected to administrative punishment for similar offenses.
Position and conclusions of the court
The disposition of part three of article 173-2 of the Code of Ukraine on Administrative Offenses provides responsibility for repeated commission within a year of an offense specified in parts one or two of this article, for which the person has already been subjected to administrative punishment for committing domestic violence, i.e., intentional commission of any acts of physical, psychological, or economic nature, including the use of violence, threats, insults, or persecution that caused harm to the physical or mental health of the victim.
The administrative offense protocol series VAD No. 777108 dated January 1, 2026, lacks information that the person was previously held administratively liable under parts one or two of article 173-2 of the Code of Ukraine on Administrative Offenses and was subjected to administrative punishment.
Thus, the court concluded that the person's actions lack the qualifying feature of repetition, which is mandatory for incriminating part three of article 173-2 of the Code of Ukraine on Administrative Offenses. These circumstances were not properly established by the police officer when drawing up the protocol.
Since the case materials No. 592/5864/26 lack any proper and admissible evidence of bringing the person to administrative responsibility under parts one or two of article 173-2 of the Code of Ukraine on Administrative Offenses, the court concluded that there is no composition of an administrative offense under part three of article 173-2 of the Code of Ukraine on Administrative Offenses in the person's actions.
According to point 1 of article 247 of the Code of Ukraine on Administrative Offenses, proceedings in the case cannot be initiated, and if initiated, must be closed in the absence of the event and composition of an administrative offense.
In view of the above, the court concluded that it is necessary to close the proceedings in the case due to the absence of the composition of an administrative offense under part three of article 173-2 of the Code of Ukraine on Administrative Offenses in the person's actions.
The proceedings in the case regarding bringing the person to administrative responsibility under part three of article 173-2 of the Code of Ukraine on Administrative Offenses are subject to closure due to the absence of the composition of an administrative offense under the specified norm in the person's actions.
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