Domestic violence (Article 126-1 of the Criminal Code of Ukraine): some problematic issues of criminal and legal qualification

Abstract

The proposed scientific article is devoted to the analysis of problematic issues of assessing the objective side of the composition of the crime of domestic violence. The research topic is chosen taking into account its relevance and significance for the development of legal science and practice. Methodology. The methodological base of the research consists of such principles as: objectivity, historicism, comprehensiveness. The role of systematic and complex approaches is recognized as decisive for scientific research. According to these approaches and principles, the methodological basis of the research is a complex of philosophical, general scientific, and special methods of cognition. In particular, analysis and synthesis were used; abstraction, generalization; induction and deduction and other methods of scientific research. The theoretical basis of the study is the scientific work of domestic scientists, materials of judicial practice and legal provisions of current legal acts in the field of prevention and counteraction of domestic violence. The results of the study revealed the essence of scientific discussions regarding the issue of criminal-legal qualification of domestic violence. The general theoretical foundations of criminal-legal qualification are indicated and the disposition of Art. 126-1 of the Criminal Code of Ukraine. It was established that the feature "systematicity" in the disposition of Art. 126-1 of the Criminal Code of Ukraine. It was found that the legislative definition in Art. 126-1 of the Criminal Code of Ukraine, the consequences of domestic violence (physical and psychological suffering, health disorders, loss of working capacity, emotional dependence, deterioration of the victim's quality of life) also require clarification and agreement regarding the accuracy of single criteria, approaches to their interpretation, assessment, and degrees of severity. In this regard, the views of scientists regarding the rules of qualification of crimes related to domestic violence are highlighted. The significance of domestic violence investigation methodology is emphasized. Based on the results of the analysis, scientific provisions and conclusions, recommendations were formulated. The conclusions, theoretical propositions and proposals formulated and argued in the research can be used in: - in law-making - for further improvement of the system of prevention and countermeasures against domestic violence; - to the applicable law - to improve the practical efficiency and effectiveness of measures in the field of prevention and countermeasures against domestic violence; - scientific and research field - for further development of theoretical and applied principles of prevention and countermeasures against domestic violence;- the educational process - during the development of lectures, seminars, practical classes in the educational disciplines "Criminal law", "Criminal process", "Evidence and proof in criminal proceedings", "Theory of qualification of crimes", "Theory and practice of pre-trial investigation", " Legal psychology".