Історико-правовий аналіз кримінально-правової протидії домашньому насильству в Україні

Abstract

The purpose of the article is to study the historical aspects of the development of legislation that defines the criminal law measures of influence for the commission of domestic violence. To achieve the goals of the article, the following research methods were used: empirical (observation, description) and theoretical (analysis, systems approach, deduction). The use of the historical method allowed to outline the process of formation of legislation in the field of combating domestic violence in accordance with the chronology of events of the past; use of methods of logic and dialectics – to analyze normative sources on the research topic. The scientific novelty of the study is to reveal the historical and legal aspects of criminal law measures in the context of limiting domestic violence. It is established that the fight against domestic violence through the use of criminal law measures of influence is the result of the historical development of Ukrainian statehood and the legal system, ratification of international documents, bringing domestic legislation into line with international law. Conclusions. The Ukrainian model of combating domestic violence has been gradually improved through the adoption of relevant regulations. At the same time, the issue of formalizing the system of criminal law measures to prevent domestic violence has long remained unresolved. The amendments to the Criminal Code of Ukraine are the result of the adaptation of best international practices designed to lay a solid foundation in the application of adequate criminal law measures to combat domestic violence. The study allowed to trace and clearly identify the main historical steps in the formation of a system of criminal law measures to regulate domestic violence and to understand which legal sources have become an integral part of national legislation on the outlined issues. Keywords: domestic violence; criminal law measures; ensuring equality; historical and legal aspects; legislation.