SUBJECTIVE CHARACTERS OF DOMESTIC VIOLENCE, EXPRESSED ARTICLE 173-2 CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The article is devoted researching of the subjective features of the composition of domestic violence, provided by Art. 173-2 Code of Ukraine on Administrative Offenses. It is established that the content of the concept of “domestic violence” gives reason to believe that the subject of the said offense is special, but an indication of the subject in Art. 173-2 Code of Ukraine on Administrative Offenses missing. It is determined that the subject of domestic violence is a physical, convicted person who has reached the age of 16 years and belongs to one of the categories provided for in the Law of Ukraine “On Prevention and Combating Domestic Violence”. It was emphasized that the fact of joint residence of the abovementioned persons for the recognition of their subjects of domestic violence, stipulated by Art. 173-2 Code of Ukraine on Administrative Offenses, no value. The position stated that in the future in Art. 173-2 Code of Ukraine on Administrative Offenses it is necessary to envisage a circle of persons who can be brought to administrative responsibility for domestic violence in order to resolve issues that arise in this regard at the present time. The Law of Ukraine “On Prevention and Combating Domestic Violence” is proposed in the following wording: “acts (acts or omissions) of physical, sexual, psychological or economic violence committed in the present or former family or within place of residence or between relatives or between persons who were or have been married, regardless of whether the person who committed domestic violence resides in the same place as the victim and the threat of committing acts”. It is found out that in Art. 3 “The scope of the legislation on prevention and counteraction to domestic violence” of the Law of Ukraine “On Prevention and Combating Domestic Violence” provides for an exhaustive list of persons covered by this law, but it is wider than the legal definition of domestic violence that we analyzed above. Therefore, this should be the subject of further research. The subjective aspect of domestic violence is characterized by guilt only in the form of intent, which directly refers to the very disposition of Art. 173-2 Code of Ukraine on Administrative Offenses. The motive and purpose for the qualification of an act as domestic violence, stipulated by Art. 173-2 Code of Ukraine on Administrative Offenses do not have any value.
Authors and Affiliations
І. А. Кравченко, О. Є. Колодочка
Keywords
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