The article deals with the issue of considering the fact that a person has a criminal record on criminal offence connected with domestic violence as a part of the ‘systematic nature’ characteristic. It is stated that the ‘domestic violence’ is used in the expression of criminal offences connected to domestic violence not within the scope of Article 1261 of Criminal Code of Ukraine but the framework of Law of Ukraine ‘On prevention and combat against domestic violence’, thus the ‘systematic nature’ characteristic does not cover criminal offences connected to domestic violence. It is pointed out that criminal liability for a criminal offence connected to domestic violence has criminal- law consequences and thus shall be considered when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine. The following rules of qualification of criminal offences connected to domestic violence are formulated: 1) if a person has a criminal record for a criminal offence connected to domestic violence then such offence shall be considered when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine provided that the offence has not lost it criminal law consequences; 2) if a person a person has been prosecuted twice or more times for an administrative offence under Art. 1732 of Code of Administrative Offences of Ukraine and has committed a criminal offence connected to domestic violence then such offence shall be taken into account when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine and in cases when sanction for such offence is greater than the sanction provided for in Art. 1261 of CC of Ukraine, such actions shall be qualified as cumulative criminal offence. It is concluded that there could be a number of such combinations but the key conclusion is that it is necessary to account for criminal record for a criminal offence connected to domestic violence provided that such offence has not lost its criminal-law consequences when assessing the ‘systematic nature’ as a characteristic of domestic violence under Art. 1261 of CC of Ukraine.
The issue of combating domestic violence is one of the most important in today's conditions, both in Ukraine and throughout the world, because violence (including domestic violence) is recognized as violating human rights. In order to improve the situation and implement mechanisms for combating domestic violence at the international level, a system of the international legal protection of the rights of victims of domestic violence and combating domestic violence has been created. The purpose of the work is to assess and study the provisions of international legal acts aimed at combating domestic violence. The research methodology is a complex of methods: historical, comparative-legal, descriptive, systemic-structural, dogmatic, sociological and modeling, induction and deduction, and philosophical method. An analysis of the features of the emergence and development of international legal regulation in the field of combating domestic violence was carried out, in particular, the system and features of individual international acts regarding the detection and response to cases of domestic violence are considered. Also, the criminal law regulations regulating the fight against domestic violence were analyzed. Attention is drawn to the development and experience of the criminal-legal response to domestic violence in the international community and its transformation in modern conditions. The possible directions of the development of international legal regulation regarding the criminal legal response to domestic violence in Ukraine and the world have been determined.
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