Social conditioning of norms on criminal liability for domestic violence

Abstract

The scientific article is devoted to a comprehensive study of the theoretical and practical aspects of the features of criminal prosecution for domestic violence. The issue of committing is a domestic violence considered relevant in the theory of criminal law. The paper analyzes the national legislation of Ukraine and the practice of its application, the views of scientists and the clarification of the higher court about the variability qualifications of domestic violence.
 There is a public danger of domestic violence, which is reflected in the norms of the national and international legislation. Particular attention is paid to clarifying the punishment for domestic violence and restrictive measures against perpetrators of domestic violence.
 It was found that the criminalization of domestic violence is conditionedon the following grounds: firstly, the significant level of public danger of this crime; secondly, the significant prevalence of this shameful phenomenon both in Ukraine and in other countries of the world; thirdly, the need for criminal protection of social relations that ensure health in the family; fourthly, the impossibility of successfully counteracting domestic violence only by administrative and legal means. It is these reasons in the modern conditions of the development of society that sufficiently reflect the necessity of providing in the Criminal Code of Ukraine a criminal law norm that establishes criminal liability for domestic violence. The criminalization of domestic violence is quite justified and justified. The grounds for criminalization are the increased public danger of inflicting physical, psychological and economic violence against a loved one or a family member, the socially dangerous consequences of the said act, the extreme prevalence and dynamics of the said act, the need for criminal-legal protection of the constitutional human right to health care in the family, the impossibility of effectively countering domestic violence in a less repressive way. Key words: domestic violence, restrictive measures, regularity, economic violence, physical violence, psychological violence, sexual violence.