Domestic violence: legal aspect of the problem

Abstract

Prerequisites of research. The authors of the article study the approaches to the solution of the domestic violence problem from the position of different branches of law: constitutional, international, family, administrative, and criminal law that allows revealing the inconsistence and collisions in the current legislation related to this phenomenon. Objectives of the research. The objective of the research is to analyze the legal aspects of the problem related to domestic violence and also search for possible ways of their solution directed to the improvement of the current criminal and administrative legislation. Methods. The following system of methods was used in the research: analysis, synthesis, and the system approach. In addition, the comparative and legal methods were applied when analyzing the international norms and individual laws of the foreign states directed to combatting domestic violence. Results. The improvement of legal regulation in regard to the establishment of consistency of branches of law, first of all, administrative and criminal legislation. Basing upon the current norms of criminal, administrative, and family legislation, the conclusions are made of the consistency, wrongfulness, and public danger of domestic violence, the main form of which in Russia is physical abuse of the people having family and domestic relations with a law-breaker. Domestic violence is a complex social phenomenon. It appears depending upon the object of abuse and its consequences, as a rule, are spread to all family members. The violence acts are made mainly to women and have a latent character. Only the legally punishable acts provided by the legislation of administrative violations and criminal law can be considered the expression of domestic violence. Novelty. A complex interbranch approach to the domestic violence problem is used, the suggestions for the improvement of the current legislation are offered.