Year: 2024
Type: article
Abstract: This article is devoted to the issue of domestic violence and is aimed at highlighting it as something that is particularly dangerous, because it belongs to the category of crimes against the life and health of a person and is the most traumatic experience for the victim of such violence, taking into account various psychological consequences. The process of criminalization of domestic violence and the development of the legislative framework in this area are thoroughly investigated, together with paying attention to the importance of having quality mechanisms for the protection of victims of this crime. The article also reveals the elements of domestic violence, which is important for the correct classification of the criminal offense and the protection of the victim. The report of the Prosecutor General's Office on registered criminal offenses and the results of their pre-trial investigation for January-October 2023 was analyzed, which contains data on the number of committed criminal offenses classified under Article 126-1 of the Criminal Code of Ukraine, as well as the quantitative indicator of repeated offenses. The article emphasizes the significant role of the victim in revealing the fact of committing domestic violence, which in the future may affect and improve the statistics of the number of offenses in this area. At the same time, the difficult psychological state of the person against whom domestic violence was committed is highlighted, the negative impact of which contributes to the worsening of the situation of the victim of the crime. The problem of domestic violence in Ukrainian society is revealed through the prism of historical factors that contributed to its rooting and normalization, in particular due to the negative influence of the Soviet past on Ukraine. An important part of the article is the disclosure of the problem of the complexity of proving the crime provided for in Article 126-1 of the Criminal Code, due to the significant complexity in the collection of evidence and the process of proof, as well as the analysis of the circumstances subject to proof in accordance with the norms of the current Criminal Procedure Code of Ukraine.
Source: Scientific Notes Series Law
Authors: Nina Rohatynska, Viktoriia Maihruk
Institution: West Ukrainian National University
Language: English
Subfield: Health
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4401392487