| Popis: |
The scientific article is devoted to the study of the concept of "crime related to domestic violence", which today the legislator regulated in the provisions of Article 91-1 of the Criminal Code of Ukraine "Restrictive measures applied to persons who have committed domestic violence". An analysis of legislative and theoretical approaches to the definition of the above-mentioned concept was performed. It was found that today there is already a unity in the understanding of the crime related to domestic violence, as the reason for assigning one or more restrictive measures to a person. At the same time, it is pointed out that it is hard to name all possible types of crimes related to domestic violence, which are included in the Special Part of the Criminal Code of Ukraine. Since mostly it will depend on the actual circumstances of the socially dangerous act committed by the person. However, this scientific article points out those types of crimes where the legislator already provided one or more signs of domestic violence, for example Article 126-1 of the Criminal Code of Ukraine "Domestic violence", part two of Article 152 of the Criminal Code of Ukraine "Rape" and part two of the Article 153 of the Criminal Code of Ukraine "Sexual violence". Along with this, there is also a list of crimes where signs of domestic violence may be present. It is noted that despite the existence of the concept of criminal offense in the Criminal Code of Ukraine, which includes crimes and misdemeanor, the legislator in Article 91-1 of the Criminal Code of Ukraine "Restrictive measures applied to persons who have committed domestic violence" uses only the term "crime, related to domestic violence". Taking it into consideration, there is a need to implement the possibility of assigning person one or more restrictive measures when misdemeanor was committed. In conclusion, the author's definition of the crime related to domestic violence is provided, with an indication of two constitutive features: the form that must be inherent in domestic violence (physical, sexual, psychological or economic), and a defined circle of persons. |
