Problematic aspects of criminal prosecution for domestic violence

Abstract

mestic violence.The article is devoted to the analysis of the features of bringing criminal responsibility for committing domestic violence. It has been proven that the establishment of criminal responsibility for committing domestic violence is important for the following reasons: firstly, from the point of view of protecting the rights of victims, since domestic violence is one of the most serious forms of violation of rights, it endangers social values, such behavior can encroach on mental and physical health, honor, dignity, sexual freedom and sexual integrity; secondly, its establishment is part of Ukraine’s international obligations; thirdly, when domestic violence is criminalized, victims are more likely to seek help from law enforcement agencies, they are certain that their complaints will be carefully considered and their rights will be protected; fourth, criminalizing domestic violence helps prevent illegal behavior. At the same time, there are still certain problematic aspects related to bringing criminal responsibility for committing domestic violence. The mentioned actualizes the research of the chosen issue.Special attention is paid to the importance of the Convention of the Council of Europe on the prevention of violence against women and domestic violence and the fight against these phenomena of 11.05.2011 in the establishment of criminal liability for the commission of domestic violence and the changes made to criminal and criminal procedural legislation in connection with bringing the legislation into compliance with the norms of the Convention.The statistical information of appeals regarding domestic violence and criminal proceedings considered by the court was analyzed. The problematic aspects of criminal responsibility for committing domestic violence include: 1.Establishing the systematicity of domestic violence. 2. Inefficient investigation. 3. Attribution of domestic violence to cases of private prosecution.It was concluded that the criminalization of domestic violence is a significant step on the way to European integration, Ukraine’s fulfillment of international obligations, and protection of victims of domestic violence. Taking into account the shortcomings and challenges that have arisen in connection with bringing guilty persons to criminal responsibility, it is proposed to carry out the following measures: firstly, the development of a clear judicial practice in the matter of establishing systematicity as a sign of a criminal offense provided for in Article 126-1 of the Criminal Code of Ukraine, secondly, the formation of a non- discriminatory attitude towards victims among law enforcement officers and, in general, the formationof intolerance to any manifestations of domestic violence in society; third, the exclusion of domestic violence and crimes related to domestic violence from private prosecution cases.