On the issue of criminal liability for domestic violence.

Abstract

The article analyzes the norm of the criminal legislation of Ukraine in the field of criminal law counteraction to domestic violence. It is determined that criminal liability for domestic violence is enshrined in Article 126-1 of Section II of the Special Part "Criminal offenses against life and health of a person" of the Criminal Code of Ukraine. It is concluded that the subject of social relations that ensure life, physical integrity and health of a person is a group of "natural" human rights to life, physical integrity and health. This conclusion demonstrates the inconsistency of the title of Section II of the Special Part of the Criminal Code of Ukraine to the group of public relations, which are placed under its criminal protection, on the consolidation of criminal liability for domestic violence. Therefore, it is concluded that the criminal law, which provides for liability for domestic violence, in a separate additional section of the Special Part of the Criminal Code of Ukraine, along with other criminal offenses that encroach on family law, including Articles 150-1, 151-2, 164-169 of the Criminal Code of Ukraine. It is noted that the set of criminal offenses should be classified as domestic violence related to torture (Article 127 of the Criminal Code of Ukraine), a qualified type of beatings and killings (Part 2 of Article 126 of the Criminal Code of Ukraine), a qualified threat of murder Article 129 of the Criminal Code of Ukraine), intentional infliction of moderate and grievous bodily harm, leading to suicide (Articles 120-122 of the Criminal Code of Ukraine) and premeditated murder (Article 115 of the Criminal Code of Ukraine). At the same time, the task of domestic violence of intentional light bodily harm (Article 125 of the Criminal Code of Ukraine), as well as the main composition of beatings and beatings (Part 1 of Article 126 of the Criminal Code of Ukraine) and the main composition of the threat of murder ) does not require qualification in the aggregate. It is noted that one of the shortcomings of the legal definition of domestic violence is a sign of systematicity, the interpretation of which is left to the discretion of law enforcement practice. In addition, the legislator did not disclose specific methods of domestic violence, and the very composition of the offense, being material, contains consequences, the essence of which is very difficult to establish. The shortcomings of the legislative structure of Article 126-1 of the Criminal Code of Ukraine include the lack of qualified and especially qualified signs of domestic violence, which does not allow to effectively differentiate the use of criminal remedies, exercising the right of judicial discretion.