DOMESTIC VIOLENCE AS A SOCIAL PHENOMENON AND A CHALLENGE FOR SOCIETY IN THE ASPECT OF PRIVATE LEGAL RELATIONS: LEGAL NATURE, ESSENCE, WAYS OF PREVENTION AND COUNTERACTION

Abstract

Social relations, in turn, legal relations, in particular family relations, are a component of private legal relations, and are in constant motion. This process is influenced by 3 factors:
- Changes in time;
- Changes in the behavior of the individual;
- Changes in the legislative system.
Social phenomena that arise in society affect the behavior of an individual and encourage state authorities to respond to negative manifestations in society in order to stabilize the behavior of a person in society. Scientists include domestic violence as one of such social phenomena. The legislation defines domestic violence, in particular, as an act (action or inaction) of a physical, sexual, psychological or economic nature committed in the family or in places of residence or between relatives or between former spouses or between other persons who live together as one family but are not or have not been in a family relationship or in marriage with each other, regardless of whether the person who committed domestic violence lives in the same place as the victim, as well as threats to commit such acts. [1]

The above definition concisely outlines the object and subject of private legal relations. In addition, it clearly stipulates the place of commission of these unlawful acts, which is quite important, since the place is not a public place, and public danger threatens only members of the Family or relatives, that is, with whom the person who commits violent acts lives. Thus, the aspects determined make it possible to draw a conclusion about the violation of the constitutional, that is, civil rights of persons who are the object of the offense. Taking into account the issues in gender policy, domestic violence in the family is a consequence of the inequality of men and women in society, and the presence of unequal capabilities and authority in women, children, and the elderly complicate the current situation, which is manifested in the lack of sufficient opportunity to resist these negative manifestations.

References

1. On Prevention and Combating Domestic Violence: Law of Ukraine dated December 7, 2017, No. 2229-VII. Vidomosti Verkhovnoi Rady Ukrainy. 2018. No. 5. Art. 35.

2. Universal Declaration of Human Rights. Adopted and proclaimed by United Nations General Assembly resolution 217 A(II) of December 10, 1948. URL: https://zakon.rada.gov.ua/laws/show/995_015#Text

3. Zhmur Yu. M. Pravove rehuliuvannia protydii nasylstvu v simi na natsionalnomu rivni. Naukovyi visnyk Kharkivskoho derzhavnoho universytetu. No. 3, 2019. P. 173–174.