Open AccessProblem issues of criminal proceedings regarding domestic violence
Author(s) -
О. С. Яра,
Н.А. Стасюк
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.63.48
Subject(s) - legislature , criminal code , interpretation (philosophy) , legislation , domestic violence , political science , criminal law , criminal procedure , criminal investigation , law , criminology , criminal trial , psychology , poison control , medicine , suicide prevention , computer science , medical emergency , programming language
The article is devoted to problematic issues of criminal proceedings under Article 126-1 of the Criminal Code of Ukraine. The purpose of the article is to study the problems of criminal proceedings on domestic violence and to develop recommendations for improving the implementation of criminal proceedings on domestic violence. Based on the analysis of relevant legislation, scientific and theoretical framework, as well as case law on the research topic, a number of problematic aspects were identified, including: debatable interpretation of the concept of "domestic violence", uncertainty of "systematic", uncertainty of subjects and victims , low training of staff conducting pre-trial investigation and trial in a case of domestic violence, a ban on forensic examinations by non-state expert institutions. There are a number of recommendations for their elimination. In particular, the need to harmonize legislative provisions regarding the definition of the objective side of domestic violence as a criminal act is substantiated. It is proposed to supplement Article 126-1 of the Criminal Code with a note defining the range of persons in family relations and relatives, as well as to make appropriate changes to Article 126-1 of the Criminal Code by supplementing the note with a comprehensive interpretation of the concept of regularity. It is noted about the need to develop recommendations on the most effective means and methods of detection and pre-trial investigation, as well as the trial of the investigated category of criminal offenses. It is proposed to introduce foreign internships for employees of pre-trial investigation bodies and judges on the implementation of criminal proceedings on domestic violence with their final testing. These proposals can be used in legislative activities.