CRIMINALIZATION OF DOMESTIC VIOLENCE IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the analysis of elements of the composition of domestic violence, criminalized by the Law of Ukraine of December 6, 2017. The impetus for amending the Criminal Code of Ukraine was the ratification of the Council of Europe Convention on the Prevention of Violence Against Women and Domestic Violence and the fight against these phenomena. Prior to that, violence committed in the family, in no way stood out among other types of violence. The author investigates the features of elements of the composition of domestic violence, as well as analyzes the types of violence that are part of the composition. The article compares the content of domestic violence in Ukrainian legislation and international normative and legal acts, analyzes the practice of qualifying domestic violence before introducing changes, and assesses the prospects for applying the new provisions of the Criminal Code of Ukraine in the future.Prior to the latest changes to the Criminal Code of Ukraine, courts considered criminal offenses committed in connection with the use of violence in the family, depending on the type of violence, the nature of its consequences: 1) physical violence – crimes against the life, health, personal will of the victim; 2) sexual violence – crimes against sexual freedom and sexual inviolability; 3) economic violence – avoiding payments, crimes against property; 4) psychological violence – a variety of threats, including the threat of murder. The court almost never took into account the history of domestic violence and did not take into account that such violence could have existed for years and the committed crime is an episode in long-term mockery of the family. From now on, economic violence is criminalized. It includes willful deprivation of housing, food, clothing, other property, money and documents, obstruction of obtaining necessary treatment or rehabilitation services, prohibition of work, forced labor, prohibition of study and other economic offenses. Economic violence in the family is expressed in a kind of economic pressure. Domestic violence as a component of a crime has its own characteristics in relation to the subject. In our opinion, it is necessary to talk about a special victim of a crime. Such victims can be real or former spouses or a person with whom the perpetrator is (was) in family or close relationships. The article focuses on the interpretation of the actions that are part of the objective side of domestic violence, the characteristics of the subject and the victim, the advantages and disadvantages of changes introduced in the Criminal Code of Ukraine are called.
Authors and Affiliations
Д. І. Яїцька
Keywords
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