ОЗНАКИ ОБ’ЄКТИВНОЇ СТОРОНИ ДОМАШНЬОГО НАСИЛЬСТВА ЗА СТАТТЕЮ 126-1 КК УКРАЇНИ

Abstract

The study is devoted to problematic issues and features of the qualification of domestic violence under Art. 126-1 of the Criminal Code of Ukraine. The object of the research was problematic questions of the qualification of domestic violence under Art. 126-1 of the Criminal Code of Ukraine. The subject of the study is mandatory elements of the objective side of domestic violence. For this purpose, the mandatory elements of the objective side were considered in detail in the section. By type, the disposition of the article refers to the alternative, that is, it provides for a choice of several socially dangerous actions (action or inaction), which form the very disposition of the article. Since the establishment of criminal responsibility for committing domestic violence under Art. 126-1 of the Criminal Code of Ukraine, numerous studies were conducted that related to the interpretation and definition of individual components of the disposition, features of qualifications, etc. However, the main problem concerns the objective side, on which our attention was focused. Such concepts as: systematicity, physical violence, economic violence and psychological violence are considered separately in the study. Since the provision of Art. 126-1 of the Criminal Code of Ukraine refers to the material composition due to the peculiarity of the design and provides for the mandatory occurrence of socially dangerous consequences, then attention is paid to the establishment and specification of such consequences. The systematicity of committing domestic violence, as its mandatory feature, is the main element for distinguishing it from administratively punished domestic violence, therefore special attention is paid. Attention was drawn to the clarification of the Supreme Court of Ukraine regarding the consideration, as a sign of systematicity, not only of several criminally punished episodes, but also of previous bringing to administrative responsibility several times. In the Висновки, an important issue was establishing the definition of physical violence and distinguishing it from the related components of the criminal offense, which are in Section II of the Special Part of the Criminal Code of Ukraine "Criminal offenses against life and health". For this purpose, the opinions of scientists who paid attention to these issues in their works were considered. The definition of economic violence is given as a sign of the objective side. In order to clarify this issue, we turned to the primary source, namely the Law of Ukraine "On Prevention and Combating Domestic Violence". Attention is also paid to the definition of the concept of psychological violence. The difficulty of defining psychological violence is the lack of such an interpretation and clarification directly in the law on criminal responsibility, unlike, for example, physical violence. In order to clarify such terminology, judicial practice was developed, which made it possible to clarify this issue in more detail. Since the provision of Article 126-1 of the Criminal Code of Ukraine, by its design, refers to the material composition and foresees the occurrence of socially dangerous consequences in the form of psychological suffering of the victim. The concept of "psychological suffering" is quite general and does not specify the condition of the victim, therefore, in order to find out what kind of suffering and what preceded the onset of such suffering, it was necessary to find out. Methods used in the study. During the research, theoretical methods were used, which include: analysis, synthesis, generalization, induction, deduction, explanation, classification.