IMPLEMENTATION OF THE RISK THEORY TO THE LAW ON PREVENTION OF FAMILY VIOLENCE

Abstract

By adopting the current Law on Prevention of Family Violence, in the Republic of Serbia has created an adequate legal framework to effectively and efficiently overcome the numerous problems in the protection of the victims of that violence. As a key instrument for their protection, this law prescribes urgent measures that can be imposed by the competent police officer to the possible perpetrator of family violence - when in the risk assessment process he establishes that there is an imminent danger from that violence. Based on the fact that risk assessment is one of the process stages of risk management and that urgent measures can be considered as a way of treating risks, the paper deals with questions: whether, to what extent and in what way, these elements of the theory of risk management implemented in the Law on Prevention of Family Violence? The synthesis of the results of the conducted research has determined that the key elements of the assessment and treatment of risks, as a theoretical and relevant standard of the identified risk management phases, have been implemented to a significant extent but not fully, explicitly or implicitly in the current Law on Prevention of Family Violence.

In addition, the key elements of risk management that are implemented in the Law are: 1) risk assessment, as a procedure and document (explicit); and 2) noun (concept), identification, analysis, evaluation and risk treatment (implicitly). As risk treatment methods, the reduction, transfer, avoidance and risk control are implemented in the Law. As elements of risk assessment and treatment that are not implemented in the Law, the following are indicated: 1) the use of quantitative and semi-qualitative risk analysis, 2) determining the type and severity of possible consequences of risks, the likelihood of its occurrence and its overall level, 3) determining the risk threshold, and 4) prioritization of treatment of unacceptable risks.