CRIMINAL LIABILITY FOR DOMESTIC VIOLENCE IN UKRAINE

Abstract

The article deals with criminal liability for domestic violence in Ukraine. For a considerable period of time, in many cultures and in different political regimes, the family has been considered the foundation of society. The priority of the family is enshrined in both international legal acts and the Basic Law of Ukraine. However, unfortunately, sometimes the family does not become an attribute of security and peace, but rather an attribute of quarrels, conflicts, and sometimes even of violence. Sociological surveys are also disappointing: almost 70% of women are subjected to various forms of domestic violence, and 35% of minors are systematically affected by abusive parenting. In view of the pressing social need to criminalize domestic violence, and in the context of Ukraine’s ratification of the Council of Europe Convention on the Prevention of and Violence against Women and Domestic Violence, a new Article 126-1 “Domestic Violence” was introduced in Criminal Code of Ukraine. The author analyzes the criminal responsibility for domestic violence through the prism of the composition of crime. It has been established that the main direct object of a domestic violence crime is the health of the individual. An additional optional object may be the person’s honor, his / her mental integrity, etc. The objective aspect of domestic violence can take three forms of expression: physical, psychological, and economic violence. The subject is special (a spouse or former spouse or another person who is in a family or close relationship). The subjective side of the crime is characterized by direct intent. It is concluded that the current construction of this crime is not in general contrary to the current legislation, but needs adjustments that can improve both the perception of the norm itself and the process of its implementation. Keywords: domestic violence, types of domestic violence, physical violence, economic violence, psychological violence, qualification of domestic violence, the victim of domestic violence.