“Pravova derzhava”. Issue 35 (2024), pages 793–800.

DOI: 10.33663/0869-2491-2024-35-793-800

Tetruev Kyrylo
Domestic violence as a manifestation illegal behavior in the family

Domestic violence can be physical or psychological, and it can aff ect anyone of any age, gender, race, or sexual orientation. It may include behaviors meant to scare, physically harm, or control a partner. And while every relationship is diff erent, domestic violence typically involves an unequal power dynamic in which one partner tries to assert control over the other in a variety of ways. Most domestic violence law today requires the State to prove that the victim and abuser have an intimate partner or family relationship. Although the majority of domestic violence victims are women, state laws recognize that victims can include anyone, regardless of sex, race, age, religion, sexual orientation, gender identity, socioeconomic background, or education level. The article contains a general overview of the concept of «domestic violence», its main characteristics, special measures to combat domestic violence and current judicial practice. During the research, it was determined that the problem of domestic violence is too widespread for Ukrainian society, and taking into account the state of war, cases of domestic violence are becoming more frequent. It is noted that studies show that family violence can be suff ered by all family members, but most often it aff ects the most vulnerable sections of the population: people who are weak, unable to protect themselves, dependent materially or physically on other family members. According to most researchers, women and minor children suff er the most from domestic violence. So, using the example of judicial practice, it was noted that it is positive but needs scientifi c and practical research. At the national level, the fundamental document on combating domestic violence is the Constitution of Ukraine. Despite the fact that the Basic Law does not contain a direct instruction on the prevention of manifestations of domestic violence or the protection of citizens who have experienced it, this indirectly emerges from the analysis of its norms. On June 20, 2022, Ukraine ratifi ed the Istanbul Convention, the purpose of which is to prevent violence, including domestic violence, protect victims and bring perpetrators to justice. It should be noted that the norms of the Convention protect not only women, but are applied to all victims of violence (men and children of any gender) in peacetime and in situations of armed confl ict. Currently, there is a need to improve the institution of prevention and countermeasures against domestic violence, as today this problem is becoming more and more relevant and gaining special weight and importance.

Key words: illegal behavior, domestic violence, psychological violence, countering domestic violence, restraining order.

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