The article is devoted to the study of the legal problem of domestic violence in certain ethno-national groups on the example of the Roma by determining the peculiarities of the status of Roma women and presenting proposals for legal regulation of the problem.
The article analyzes national legislation in the field of prevention and countermeasures against domestic violence and gender-based violence. The recognition of the concept of "Child witness" at the legislative level has been updated, and the problems of law enforcement practice, when the court cannot, taking into account the circumstances of the case, assess the child specifically as a victim in situations where she only witnessed domestic violence.
The peculiarities of criminal liability for domestic violence are considered. It was noted that in many countries, for a long time, violence in the family was not considered a crime, but was considered a form of appropriate behavior. In the 90s of the last century, views regarding the phenomenon of violence against women, which was recognized as a socio-gender problem, changed radically, during which a new vision of it was opened in terms of gender law.
The article analyzes social factors that affect the spread of the problem of domestic violence as a socially negative phenomenon that encroaches on physical integrity and other personal human rights.
The article analyzes international and national legislation in the field of prevention and counteraction of gender-based violence, sexual and domestic violence.
It has been established that the Istanbul Convention is the main source that contains the most comprehensive list of measures aimed at protecting persons affected by gender-based violence, as well as providing them with appropriate services.
The article is devoted to the analysis of the concept of domestic violence at different times and in different countries, as a result of which it can be stated that regardless of the development of society, its evolution, the problems of domestic violence have always existed. It has been found that the roots of domestic violence in history are deep, come from ancient times and are determined by the peculiarities of national values, culture, traditions and, of course, religion of different peoples and states.
Problems of combating domestic violence are considered. It is noted that the Law of Ukraine "On Prevention and Counteraction to Domestic Violence" establishes a comprehensive approach to combating domestic violence. According to the law, the list of specially authorized bodies in the field of prevention and counteraction to domestic violence is exhaustive.
The issue of the criminal-legal aspect of domestic violence is considered. It was noted that in many countries, for a long time, violence in the family was not considered a crime, but was considered a form of appropriate behavior. In the 90s of the last century, views on the phenomenon of violence against women, which was recognized as a socio-gender problem, changed radically, during which a new vision of it was opened in terms of gender law. Therefore, the issue of gender balance and combating discrimination based on sex has gained wide popularity in all developed countries of the world.
The article analyses the issue of the object of the criminal offense under Art. 126-1 of the Criminal Code of Ukraine. It identifies different approaches to the definition of the main direct object of domestic violence, their advantages, and disadvantages. According to the sanctions imposed by the legislator, the criminal offense of domestic violence due to the degree of severity is a non-serious crime.
The article is devoted to the analysis of criminal liability for domestic violence. According to Article 126-1 of the Criminal Code of Ukraine, domestic violence is defined as intentional systematic commission of physical, psychological or economic violence against a spouse or ex-spouse or another person with whom the perpetrator is (was) in a family or close relationship, leading to physical or psychological suffering, disorders health, disability, emotional dependence or deterioration of the victim’s quality of life.