Improving the criminal and legal action against domestic violence in Ukraine in the conditions of martial law

Abstract

The paper examines the experience of criminal legal response to domestic violence in Ukraine under martial law. For this purpose, the norms of the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, and the Law of Ukraine "On Prevention and Combating Domestic Violence" were analyzed, which relate to combating domestic violence. The current state and statistical data related to the perpetration of domestic violence in Ukraine since the beginning of martial law are analyzed. The impact of the war on the nature and level of crime related to domestic violence is analyzed. It was established that the level of crime related to domestic violence is increasing under martial law. It was researched that the perpetrators are most often men. Such a trend is observed in the world in general and was observed in Ukraine before the beginning of martial law. It has been established that psychological trauma caused by war, in particular post-traumatic syndrome, in both perpetrators and victims has a significant impact on the increase in the level of crime related to domestic violence. In view of this, it was investigated that an important aspect in combating domestic violence is also psychological work with offenders and victims. The main areas of improvement of the criminal-legal response to domestic violence in Ukraine under the conditions of martial law have been determined. According to the results of the conducted research, it is proposed to: supplement Article 1261 of the Criminal Code of Ukraine with a qualified composition of the crime, and the qualifying features to determine the commission of a crime with particular cruelty or with the use of weapons; to supplement part 1 of Article 911 of the Criminal Code of Ukraine with such a restrictive measure as temporary withdrawal of documents certifying the right to own and carry weapons with temporary withdrawal of weapons, to establish a similar norm in part 6 of Article 194 of the Criminal Code of Ukraine, in part 2 of Article 25 , Part 2 of Article 26 of the Law of Ukraine "On Prevention and Combating Domestic Violence".