ДОМАШНЄ НАСИЛЬСТВО ЯК ОБ’ЄКТ КРИМІНАЛЬНО-ПРАВОВОГО ДОСЛІДЖЕННЯ

Abstract

The article examines the phenomenon of «domestic violence», which is a social phenomenon that has deep historical roots associated with the legal consolidation of the subordinate position of man. Approaches to the term «domestic violence» are clarified and evaluated. Domestic violence is a serious violation of human rights that the state must uphold and protect. Among them are the right to life and physical integrity; the right not to be subjected to abuse or cruel, inhuman or degrading treatment; the right to freedom from discrimination on grounds of sex; the right to healthy and safe development, etc. Ukraine has ratified a number of international legal instruments, thus committing itself to protecting people from violence, including domestic violence. The term domestic violence first began to be used in the early 1970s to define violence against men and insults against women. The key to investigating domestic violence is to find out that it is not a single beating or an accidental incident - although such things can happen and will, of course, be considered a criminal offense. Domestic violence is constant violence and insults. This is a situation in which the victim is constantly affected, sharing housing with the aggressor, being dependent on him and even, perhaps, having a sense of love for him. Domestic violence is a product of family and personal conflicts. It was stated that the scope of coverage of domestic violence has significantly expanded in the era of the so-called modern information society, which is accompanied by a more tolerant attitude of the population to the facts of domestic violence and criminal offenses in general. Researchers’ views on the concept of domestic violence were analyzed, which determined its types (physical, sexual, threat of violence, economic, psychological, non-fulfillment or improper fulfillment of responsibilities for raising a minor child) and form (criminal and non-criminal). Due to the fact that the breakup of the family and difficult economic conditions entail the possibility of living within one apartment (house) already divorced spouses and their relatives, it is necessary to recognize as potential participants in domestic violence all persons living in one apartment (house) in family or other relationships.