Variability of proving domestic violence: a praxeological aspect

The article examines the praxeological aspect of the variability of proving domestic violence. The authors used a graphical method to visualize examples of variability in the combination of forms of violence, the use of sources of evidence, compliance with and violation of the non bis in idem principle, and the status of a child during domestic violence. It is concluded that domestic violence always consists of at least three episodes of violence, which may consist of physical, psychological, economic violence, or a combination of two or three of these forms at the same time. Based on the practice of the Supreme Court, it has been established that domestic violence is proved by various pieces of evidence. The preliminary facts of domestic violence may be reflected in various sources of evidence, including documents (administrative protocol, court order, restraining order, criminal proceedings, etc.) It is noted that the initiation of criminal proceedings on the fact of domestic violence under Article 126­1of the Criminal Code of Ukraine does not have to be preceded by two cases of bringing a person to administrative liability under parts of Article 173-2 of the Code of Administrative Offenses. In cases where there are no previous appeals to law enforcement agencies or courts, audio and video recordings, screenshots and other evidence may be used to prove the systematic nature of domestic violence, which must meet the requirements of the CPC of Ukraine for evidence. The authors emphasize that simultaneously bringing a person to administrative and criminal liability for the same episode of domestic violence is a violation of the non bis in idem principle. Therefore, a person may be held criminally liable under Art. 126-1 of the Criminal Code of Ukraine if there is one (the last) or more episodes of violence for which the person has not previously been held administratively liable. The commission by a person of criminal offenses provided for in parts of the articles (articles) of the Criminal Code of Ukraine and domestic violence is not a violation of the non bis in idem principle. It is noted that a child who has witnessed domestic violence is always a victim of this offense. The draft law on harmonization of the provisions of the CPC of Ukraine with the Istanbul Convention on the involvement of a child as a victim from the moment of entering information into the URPTI was approved, as a child who witnessed domestic violence suffers moral damage. A child who witnessed domestic violence and is not related to the persons between whom the domestic violence occurred is not a victim of domestic violence.