ResearchBib Share Your Research, Maximize Your Social Impacts
Sign for Notice Everyday Sign up >> Login

PECULIARITIES OF THE DEVELOPMENT OF LEGISLATION ON CRIMINAL LIABILITY FOR DOMESTIC VIOLENCE IN UKRAINE

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 78)

Publication Date:

Authors : ;

Page : 53-60

Keywords : domestic violence; criminal liability; criminal offense; genesis; legislation; regulatory legal act; prevention; counteraction; punishment;

Source : Downloadexternal Find it from : Google Scholarexternal

Abstract

Introduction. The criminalization of acts containing signs of domestic violence is a legal mechanism aimed at protecting individuals from criminal acts of offenders. Such a tool is aimed at ensuring law and order in society and implementing coercive measures against the accused. The development of legislation on criminal liability for domestic violence demonstrates the movement of criminal law towards ensuring legal prevention of criminal offenses in the family and domestic sphere and compliance with international law. Purpose. The purpose of the study is to reveal the formation of legislation and law enforcement practice, the social conditionality of criminalization and the genesis of legislation on criminal liability for domestic violence, to minimize such criminal offenses with due regard for the historical past, to implement law and order in society, and to apply effective negative coercive measures to offenders. Materials and methods. The research materials are: 1) regulatory and legal support for the regulation and delimitation of liability for domestic violence, criminal offenses and misdemeanors related to domestic violence 2) works of domestic and foreign authors conducting their scientific and practical research in the field of formation and development of legislation on family protection and overcoming domestic (domestic) violence. Results. The article reveals the sequence of formation of legislation providing for liability for domestic violence, as well as the establishment of criminalization of acts with signs of domestic violence as a legal instrument designed to protect individuals from unlawful actions of offenders and aimed at the implementation of law and order in society and the application of negative coercive measures to the accused. The author analyzes the genesis of social norms established by customs which determined the order of relations in the family and established the model of behavior of husband and wife in everyday family and domestic relations which is acceptable in society. Further, the author outlines how, in each distinguished historical period, the rights of family members are differentiated due to the peculiarities of existing traditions, culture and the way of social life; the criminal law establishes liability for violence against family members, changes in legislation, ideological reorientation, and subsequently the revival, formation and development of the Ukrainian legislative framework, the adoption of the current Criminal Code of Ukraine and intersectoral legislation on preventing and combating domestic violence. Discussion. In further research, it is proposed to focus on the genesis and evolution of Ukrainian legislation on combating domestic violence, the implementation of international norms into national legislation in this area, and the reflection of the identified issues in the application of legislation in practice. This will help to improve the quality of national legislation and introduce an effective mechanism for implementing a victimcentered approach in practice.

Last modified: 2024-12-18 01:21:48