Certain problematic aspects of the criminalization of domestic violence

Abstract

The article focuses on analyzing the normative legal framework and judicial practice in Ukraine concerning the criminalization of domestic violence, with a particular emphasis on the provisions of Article 1261 of the Ukrainian Criminal Code. The author thoroughly examines the historical context and international obligations, including the Istanbul Convention, which have prompted the reform of relevant legislation. The article assesses the importance of the legal qualification of economic violence, its role in the structure of domestic violence, and the specifics of its legal application. It highlights the problems of existing legislative norms, identifying shortcomings and contradictions that arise in their application. Considerable attention is paid to the analysis of judicial practice, illustrating the variety of approaches to applying Article 1261 of the Ukrainian Criminal Code and determining the systematic nature of domestic violence. Special attention is given to the systematic nature of domestic violence as a key criterion in defining this crime, as well as its legal understanding and interpretation. The analysis of scientific literature and judicial practice allows stating that the systematic nature of domestic violence is characterized by two indicators: quantitative, meaning the multiplicity of periodically committed acts, and qualitative, meaning the interconnection and internal unity that form a certain line of behavior of the offender towards a specific victim or victims. Only with the presence of both quantitative and qualitative criteria can it be asserted that the violence is systematic. The article makes an important contribution to understanding the issues of domestic violence in Ukraine, highlighting both theoretical and practical aspects of this issue. The author provides substantiated recommendations for improving legislation, particularly through amendments to current norms, to adequately reflect the complexity and multifaceted nature of this social problem. The necessity of developing comprehensive strategies to counter domestic violence, including both legal and socio-educational aspects, is also emphasized.