THE ISSUES OF QUALIFICATION OF PHYSICAL DOMESTIC VIOLENCE
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2018, Vol 3, Issue
Abstract
Domestic violence is an enormous social problem as in Ukraine as in the whole world. Moreover, according to the scientific reports, it is characterized by high level of latency. It is hard to overestimate the significance of preventing domestic violence. That’s why more and more governments give attention to this issue. One of the biggest achievements of the international community was the Council of Europe Convention on preventing and combating violence against women and domestic violence. This one is based on the understanding that violence against women is a form of gender-based violence that is committed against women because they are women. It is the obligation of the state to fully address it in all its forms and to take measures to prevent violence against women, protect its victims and prosecute the perpetrators. The corresponding progressive step of our government was the adoption the Law of Ukraine “About prevention and resistance to the domestic violence” of 07.12.2017 № 2229-VIII. Іn order to implement the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence Verkhovna Rada of Ukraine adopted the Law of Ukraine «About rectification of the Criminal and Criminal Procedural Codes of Ukraine in order to implement the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence». However, this law has numerous disadvantages. So, this article is devoted to the issues of qualification of physical domestic violence. The author emphasizes the imperfection of art. 1261 of the Criminal Code of Ukraine, namely, the emergence of competition between this and a number of other norms, for example, art. 115 “Intentional murder”, art. 121 “Intentional grave bodily harm”, art. 122 “Intentional medium gravity of bodily harm”, st. 125 “Intentional mild bodily harm”, art. 126 “Beating and torture”, art. 127 “Torment”, art. 135 “Leaving in danger”, st. 136 “Аbandonment of help a person whose life is in danger”, Art. 146 “Illegal deprivation of freedom or kidnapping”. The author analyzes the concept of physical violence as a form of domestic violence. On the basis of this analysis, a number of articles of the Criminal Code of Ukraine have been compared to the concept of physical domestic violence. The author attempted to distinguish between competing crimes, including relying on the degree of their social danger. Also author differentiates domestic violence and others crimes on the base of such indications as premeditation, systematicness, presence of physical or psychological suffering, health disorders, disability, emotional dependence or deterioration in the quality of life of the victims.
Authors and Affiliations
К. М. Плутицька
Keywords
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