Review

The article is devoted to changes in Criminal Code of Ukraine in a part of criminalization of certain acts of domestic violence, in connection with adoption by The Verkhovna Rada of Ukraine modifications to the Criminal and Criminal Procedural Codes for the Prevention of Violence against Women and Domestic Violence. The above modifications contribute in preventing and combating matters against violence, and bringing it into line with the provisions of the Istanbul Convention. The violence in which victim suffered has an impact on various aspects of their lives, therefore it means that they need legally guaranteed security guarantees.

Our focus is on analysis of article 126–1 Criminal Code of Ukraine. The specified offence have been researched through the separate elements of its actus reus. First and foremost uncovered the physical violence, economic violence, mental violence and psychological violence as ways of committing the offence and its legal signs. Physical violence was also examined and it was emphasized on the lack of its terminological consolidation.The law provides justification for the expediency of changing the term «psychological» violence to «physical» violence. The third type of violence that was studied is economic violence. Based on an analysis of the opinions of scientists and signs of this type of violence as a criminal law category, the authors proposed the definition of economic violence and its attachment in the note to Article 126–1 of the Criminal Code of Ukraine. According to analysis of article 126–1 Criminal Code of Ukraine considered signs of a special subject. Analyzing the rule in question, the authors drew attention to the allocation which made lawmakers, namely, a separate group of special subjects. Such an innovation did not find its justification in the analysis of the criminal law conducted by the authors and in view of this, such an element of the crime is considered as an objective sign, namely the particular state of dependence of the victim on the perpetrator. All in all its innovation would tend to the echo that of existing legal instruments. We can see than, that for his analysis be useful to refer to the legislation of other branches of the law.

References

1. 1. Starkov O V, ’Kriminoviolensologiya (uchenie o kriminalnom nasilii)’ (Yurlitinform, 2012) 448 (in Russian).
2. Berkovits L, Agressiya: prichiny, posledstviya i kontrol: Sekrety prichin nasiliya, motivov ubiystv, gneva, vrazhdebnosti, nenavisti, razrusheniya, predraspolozhennosti lichnosti k nasiliyu [Aggression: reasons, consequences and control: Secrets of reasons of violence, reasons of murders, anger, hostility, hatred, destruction, predisposition of personality to violence] (Praym-YeVROZNAK, 2001) 510 (in Russian).
3. Naumov A V, Ugolovno-pravovoe znachenie nasiliya [Criminally legal value of violence] (Spark 1997) 152 (in Russian).
4. Maksymenko S D, Soloviienko V O, Zahalna psykholohiia [General psychology] (MAUP 2000) 256 (in Ukranian).
5. Protsenko T O, Lohvynenko O I, Bahadenko I P ta in, Zapobihannia nasylstvu v simi [Prevention of violence is in family] (Kyiv, Tiutiukin 2011) 16 (in Ukranian).
6. Ustimenko V, Spetsialnyy subekt prestupleniya [Special subject of crime] (Vishcha shkola 1989) 23 (in Russian).
7. Senatorov M, Poterpilyi vid zlochynu v kryminalnomu pravi [A victim is from a crime in a criminal right] (Pravo 2006) 208 (in Russian).
8. Starkov O V, Tyumenev A V, ’Violensologiya i kriminoviolensologiya’ [Violence and Criminology] (2012) 1 (2) Byblyoteka krymynalysta 247–248 (in Russian).
9. Gaufman L, ’Nasilie pri grabezhe, razboe i vymogatelstve’ [Violence at a robbery, robbery and extortion] (1969) 2 Sov. Yustitsiya 22–24 (in Russian).
10. Kostrov G, ’Psikhicheskoe nasilie pri razboe i grabezhe’ [Psychical violence at a robbery and robbery] (1970) 11 Sov. Yustitsiya 9–11 (in Russian).
11. Еrenbyrg A, Strehov M, ’Otvetstvennost za ugrozu i nasilie v otnoshenii dolzhnostnykh lits i grazhdan, vypolnyayushchikh obshchestvennyy dolg’ [Responsibility for a threat and violence in regard to public servants and citizens, executing a public debt] (1971) 19 Sov. Yustitsiya 16–18 (in Russian).
12. Humin O, ’Kryminalna nasylnytska povedinka osoby: teoretyko prykladni aspekty’ [Criminal violent behavior of person: the theoretical applied aspects] (dys dokt yuryd nauk 2011) 628 (in Russian).
13. Yarmysh N, ’Ugolovnaya otvetstvennost za dovedenie do samogubiystva’ [Criminal responsibility for taking to suicide] (dys kand yuryd nauk 2011) 222 (in Russian).
14. Natsionalna politsiia Ukrainy [Natsionalna politsiia Ukrainy] data zvernennya 26.03.2018 (in Ukranian).