Criminological characteristics of domestic violence in the context of new criminal legislation

Abstract

Domestic violence is a social-negative phenomenon. It should be noted that domestic violence was not considered as a separate criminal offense in Ukraine for a long time. At the time of legislative progress and attempts to improve domestic legislation, according to European standards, Ukraine is steadily taking the path of reform. Criminalization of a relevant act, adoption of the Law of Ukraine “On Prevention and Countering Domestic Violence” and supplementation of the Criminal Code of Ukraine with Article 126-1, undoubtedly make adjustments to the responsibility for the acts committed. However, with all changes, the scope of the relevant crime category remains latent. Bringing domestic violence cases to court is a difficult task for law enforcement officials. All this follows precisely from the legal nature of the crime. The specifics and statutes of the
population’s mentality make it impossible to see fully the real statistics of this category of crimes. Also, one should not overlook the psychological factor, which primarily concerns the victim of domestic violence. Victims of domestic violence have psychological barriers that are primarily concerned with the disclosure of domestic violence. Lack of trust in law enforcement, shame, fear or unwillingness to disclose details of family life – these are all key points in the low rate of bringing relevant cases to court. The dynamism and the frequency of committing violent acts in a single-family environment are quite difficult to prove. All of this leads to the concealment of domestic violence and, as a consequence, places the appropriate category of crime at the forefront of latency. This article addresses the issues of criminological characteristics of domestic violence, as well as sub-categories and types of domestic violence. A thorough analysis makes it possible to understand the specifics of victims and trace their possible victimization, separate the category of the perpetrator of domestic violence, as well as its criminological characteristics.