CORRELATION OF SCIENTIFIC APPROACHES TO THE DEFINITION OF FAMILY VIOLENCE

The current legislation refers to acts of violence of a physical, psychological, sexual or psychological nature against a woman in the family as “domestic violence”. A review of scientific views on the definitions of “violence”, “family violence”, “domestic violence” demonstrates their ambiguity and problems, and thus actualizes their research. The article is analyzed theoretical developments of famous domestic and international scientists, legal provisions on family violence were analyzed and modern approaches to the interpretation of this concept are identified. It was established that the same actions of the offender were defined in the Law of Ukraine “On Prevention of Family Violence” as “family violence”, and in the Law of Ukraine “On Prevention and Counteraction to Domestic Violence” as “domestic violence”. It is determined that the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine operate with different definitions of domestic violence. At the same time, the signs of committing domestic violence, which entails criminal liability, are the regularity and extent of the damage caused to the victim. It is concluded that the existing separation of administrative and criminal liability for domestic violence in the current legislation is justified and capable of ensuring the protection of human and civil rights and freedoms. It was concluded that there is no need to replace the term “family violence” with the term “domestic violence”, because the fundamental signs of domestic violence are the perpetrator and the victim, not the place where the wrongdoing is committed. It is argued that the term “domestic violence” currently used in the law should be replaced by “domestic violence”, as the latter is broader and covers all the features that characterize violence against women.