Kisiliuk Е.,Smaglyuk O. CRIMINAL RESPONSIBILITY FOR GENDER-RELATED VIOLENCE IN UKRAINE

CRIMINAL RESPONSIBILITY FOR GENDER-RELATED VIOLENCE IN UKRAINE

Abstract

The article deals with the features of criminal responsibility for gender-based violence in the criminal legislation of Ukraine. The amendments and addi-tions concerning the criminal legal counteraction to such violence are analyzed. Formulated definition of gender-based violence, its types are determined and characterized, their content is disclosed, ways of specifying certain criminal-law norms for counteracting such violence are suggested, and it is indicated on the possibility of occurrence of controversial moments in qualification of crimes related to domestic violence.
It is substantiated that under domestic violence it is necessary to under-stand the acts (actions or inactivity) of physical, sexual, psychological or economic violence committed in the family, as well as the threat of such acts.
It has been argued that physical violence in the family can be committed in the form of crimes against life, health, crimes that pose a danger to the life or health of a family member, and crimes against personal freedom.
It has been established that sexual violence in the family can be manifested in committing crimes against the sexual integrity of a person, as well as crimes against social morality.
It has been proved that domestic violence as a crime may have such forms as tax avoidance, which one member of the family is obligated to pay in favor of another; counteracting the legitimate economic activity of one family member on the other, or, conversely, forcing a family member to engage in certain activities; criminal acts of one family member against the property of another family mem-ber; criminal acts of one family member in respect of property belonging to him and another family member on the right of joint (common) property; breach of inviolability of housing; abuse of guardianship rights.
It was found out that as a separate, independent crime, psychological vio-lence in the family manifests itself in the threat of murder; threats to the destruction of another’s property by fire, explosion or other generally dangerous method; disclosure by one of the family members of the secrecy of adoption (adoption) in spite of the will of the adopter (adopter); use of a young child for begging; in-volvement of juvenile children in criminal activity; illtreatment of animals.