Criminal law assessment of domestic violence: moral and psychological basis of criminal offenses related to domestic violence

The ideological basis of the article is devoted to the socio-legal issues of the structural component of society, namely, the family. The authors identify the qualifying criminal law aspects of domestic violence in Ukraine in order to highlight the trends of illegal, violent, domestic behaviour. Distinguishing between various forms of domestic violence, the authors focus on the phenomenon of gender in the system of classification of violent acts. The authors highlight the psychosomatic impact on the individual’s body as a result of active and/or passive unlawful acts. Based on national legislation and international legal acts, the authors describe the likelihood of criminal liability for domestic violence. In addition, the authors outline the methods for determining the manifestations of violence in the family as a structural unit of society and the principles of prosecution based on the current legislation of Ukraine, in particular, criminal law. Domestic violence is a complex social and multifaceted phenomenon that affects the moral and psychological background and requires careful analysis. Criminal law assessment of this phenomenon should take into account not only legal norms, but also moral and psychological factors of influence of persons who commit them on the victim. The analysis of the moral and psychological aspects of criminal offenses related to domestic violence allows for a better understanding of motivational mechanisms, mental disorders, personal characteristics of offenders, including psychological trauma, social norms, cultural institutions and personal experiences. A very important aspect is that many cases of domestic violence are concealed due to fear of the victim, social pressure or distrust of law enforcement. This phenomenon encompasses various forms of violence, such as mental violence, physical coercion, economic violence, sexual coercion, and has a significant impact on the legal system and society as a whole. The legislation of many countries provides for special rules that qualify domestic violence as a separate criminal offense. In Ukraine, for example, this is provided for in Article 126-1 of the Criminal Code of Ukraine, which defines criminal liability for this phenomenon. Thus, the criminal law assessment of domestic violence should be comprehensive, including both moral and psychological aspects, as well as legal aspects to ensure effective protection of the rights of victims and fair punishment of offenders. The purpose of the research is to provide a legal and sociological definition of the terminology of domestic violence and its features, to compare the legislation of different countries on domestic violence, and to identify psychosomatic manifestations of violent acts in the family. Formation of personal proposals and conclusions based on the conducted socio-legal research in order to prevent and counteract various forms of domestic violence.