Домашнє насильство в кримінальному праві України: окремі аспекти
Bibliographic description of the article for the citation:
Хантіль Вадим. Домашнє насильство в кримінальному праві України: окремі аспекти//Science online: International Scientific e-zine - 2023. - №10. - https://nauka-online.com/en/publications/jurisprudence/2023/10/06-16/
Annotation: The article examines the problem of family violence in Ukraine, its historical context and attempts to regulate it at the legislative level. It is pointed out that Ukraine signed the Istanbul Convention of the Council of Europe in 2011, which concerns the prevention of violence against women and domestic violence. But the problem of ratification of this convention in Ukraine has not yet been resolved. The main arguments against ratification are related to the concepts of "gender" and "sexual orientation" in the text of the convention. The national legislation of Ukraine on domestic violence is analyzed, as well as its compliance with the provisions of the Istanbul Convention. In particular, the article examines the concept of "family violence" as defined in the Law of Ukraine, as well as administrative responsibility for committing family violence. The authors emphasize the need for further harmonization of national legislation with international standards in order to effectively deal with this problem. The criminalization of domestic violence in 2017 and the problems that arise in the practice of applying the new legislation are also considered. The example of a specific case demonstrates the system's flaw, when the victim cannot receive adequate protection and justice. In particular, systematicity is considered as a key aspect in defining domestic violence within the framework of criminal legislation. The final part of the abstract focuses on the need for further harmonization of national legislation with international standards to effectively combat the problem of domestic violence.