Problems of administrative liability for domestic violence against children
The scientific research reflected in the content of this study is devoted to the main theoretical, legal and practical issues of administrative liability for domestic violence against a child. The purpose of the study – outline the specific features of protection of a child's right against dome...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
National Academy of Internal Affairs
2022-10-01
|
| Series: | Науковий вісник Національної академії внутрішніх справ |
| Subjects: | |
| Online Access: | https://lawscience.com.ua/en/article/download/problemi-administrativnoyi-vidpovidalnosti-za-vchinennya-domashnogo-nasilstva-shchodo-ditini |
| _version_ | 1797394357644427264 |
|---|---|
| author | Olena Maksymenko |
| author_facet | Olena Maksymenko |
| author_sort | Olena Maksymenko |
| collection | DOAJ |
| description | The scientific research reflected in the content of this study is devoted to the main theoretical, legal and practical issues of administrative liability for domestic violence against a child. The purpose of the study – outline the specific features of protection of a child's right against domestic violence in Ukrainian legislation and identify the factors which indicate the necessity to distinguish domestic violence against a child as an administrative offence with more serious consequences, and, accordingly, to apply a more severe penalty to the offender. According to the purpose and specifics of the subject matter of the study, the author has applied a set of methods: philosophical methods – dialectical, phenomenological and others; general scientific methods: systematic, induction, deduction of analysis, synthesis, analogy, comparison; and methods of a specific legal science: comparative-legal, legal statistics, legal generalisation, legal analysis, formal-legal etc. The study examines the definition of domestic violence under Ukrainian law and summarises some ways to counteract this phenomenon. It is emphasised that the Code of Ukraine on Administrative Offences does not distinguish between the specifics of administrative liability for domestic violence against an adult and a child. However, according to statistical studies, the number of children suffering from domestic violence is increasing every year. It highlights the relevance of the study. The practical value is that the study identifies and characterises the main theoretical, legal and practical issues of administrative liability for domestic violence against a child, and develops substantiated proposals for amending Article 173-2 of the Code of Administrative Offences |
| first_indexed | 2024-03-09T00:18:29Z |
| format | Article |
| id | doaj.art-9f0f546c8ce14223ae5ddead3794bb6d |
| institution | Directory Open Access Journal |
| issn | 2410-3594 2786-7382 |
| language | English |
| last_indexed | 2024-03-09T00:18:29Z |
| publishDate | 2022-10-01 |
| publisher | National Academy of Internal Affairs |
| record_format | Article |
| series | Науковий вісник Національної академії внутрішніх справ |
| spelling | doaj.art-9f0f546c8ce14223ae5ddead3794bb6d2023-12-12T07:28:32ZengNational Academy of Internal AffairsНауковий вісник Національної академії внутрішніх справ2410-35942786-73822022-10-012737885https://doi.org/10.56215/0122273.78Problems of administrative liability for domestic violence against childrenOlena Maksymenko0https://orcid.org/0000-0002-3039-1773National Academy of Internal AffairsThe scientific research reflected in the content of this study is devoted to the main theoretical, legal and practical issues of administrative liability for domestic violence against a child. The purpose of the study – outline the specific features of protection of a child's right against domestic violence in Ukrainian legislation and identify the factors which indicate the necessity to distinguish domestic violence against a child as an administrative offence with more serious consequences, and, accordingly, to apply a more severe penalty to the offender. According to the purpose and specifics of the subject matter of the study, the author has applied a set of methods: philosophical methods – dialectical, phenomenological and others; general scientific methods: systematic, induction, deduction of analysis, synthesis, analogy, comparison; and methods of a specific legal science: comparative-legal, legal statistics, legal generalisation, legal analysis, formal-legal etc. The study examines the definition of domestic violence under Ukrainian law and summarises some ways to counteract this phenomenon. It is emphasised that the Code of Ukraine on Administrative Offences does not distinguish between the specifics of administrative liability for domestic violence against an adult and a child. However, according to statistical studies, the number of children suffering from domestic violence is increasing every year. It highlights the relevance of the study. The practical value is that the study identifies and characterises the main theoretical, legal and practical issues of administrative liability for domestic violence against a child, and develops substantiated proposals for amending Article 173-2 of the Code of Administrative Offenceshttps://lawscience.com.ua/en/article/download/problemi-administrativnoyi-vidpovidalnosti-za-vchinennya-domashnogo-nasilstva-shchodo-ditinijuvenile rightsthe principle of the best interests of the childobjectsubjectobjective sidesubjective sidearticle 173-2 of the code of administrative offences |
| spellingShingle | Olena Maksymenko Problems of administrative liability for domestic violence against children Науковий вісник Національної академії внутрішніх справ juvenile rights the principle of the best interests of the child object subject objective side subjective side article 173-2 of the code of administrative offences |
| title | Problems of administrative liability for domestic violence against children |
| title_full | Problems of administrative liability for domestic violence against children |
| title_fullStr | Problems of administrative liability for domestic violence against children |
| title_full_unstemmed | Problems of administrative liability for domestic violence against children |
| title_short | Problems of administrative liability for domestic violence against children |
| title_sort | problems of administrative liability for domestic violence against children |
| topic | juvenile rights the principle of the best interests of the child object subject objective side subjective side article 173-2 of the code of administrative offences |
| url | https://lawscience.com.ua/en/article/download/problemi-administrativnoyi-vidpovidalnosti-za-vchinennya-domashnogo-nasilstva-shchodo-ditini |
| work_keys_str_mv | AT olenamaksymenko problemsofadministrativeliabilityfordomesticviolenceagainstchildren |