Conditions conducive to the domestic violence against the elderly based on the judicial and investigative practice of Ukraine

Husieva, Vlada; Lukash, Serhii; Krykun, Viacheslav; Morhunov, Oleksandr; Shapoval, K. А.

doi:10.34069/ai/2021.46.10.11

Cited by 3 publications

(1 citation statement)

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“…Саме реалізація всіх потенційних можливостей суспільства, органічне поєднання різноманітних заходів та їх впровадження з дотриманням принципів комплексності, об'єктивності, наукової обґрунтованості, законності, гуманності та ін. дасть змогу здійснювати ефективну діяльність щодо захисту суспільства від суспільно небезпечних посягань 33 .…”

Section: напрямки протидії колабораційній діяльностіunclassified

Some Areas of Prevention of Collaboration Activities

Shablystyi,

Berezniak,

Katorkin

2024

Legal Support of European Integration: General Legal and Sectoral Aspect

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Section: напрямки протидії колабораційній діяльностіunclassified

Some Areas of Prevention of Collaboration Activities

Shablystyi,

Berezniak,

Katorkin

2024

Legal Support of European Integration: General Legal and Sectoral Aspect

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The state of scientific research on the problems of investigating criminal offenses related to domestic violence

Gontarenko

2022

Pravo bezpeka

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An attempt was made to trace the change in approaches to the understanding of the concepts of “domestic violence” and “offenses related to domestic violence” and, based on the meaningful correlation of these categories, to reveal the trends in the development of scientific opinion on countering these offenses, primarily of a criminal law nature. Emphasis is placed on highlighting the achievements of Ukrainian scientists in works devoted to the problems of pre-trial investigation of criminal offenses related to domestic violence. Based on the results of the analysis, the author's periodization of the development of scientific thought in the specified field has been proposed. As a result of the conducted research, some regularities of the development of the criminal procedural opinion based on the research of the problems of pre-trial investigation of criminal offenses related to domestic violence have been outlined. The first conclusion indicates the gradual development of such studies, which is connected with the change of the material and legal basis, that is, the criminal legislation, which at different times provided a different qualifying model of criminal offenses related to domestic violence. Thus, at the first stage (until 2017), domestic scientists mostly directed their attention to the study of criminal law and criminological problems of combating criminal offenses included in the concept of “crimes related to domestic violence”. There are only separate works of a criminal procedural or forensic nature, aimed at solving the problems of investigating a set of types of criminal offenses included in the concept of “crimes related to domestic violence”. The next stage (since 2017) is related to the criminalization of domestic violence (Article 126-1 “Domestic Violence” was added to the Special Part of the Criminal Code of Ukraine). It is natural that the specified event aroused interest among scientists and, in particular, shifted the emphasis of scientific research to the problems of investigating domestic violence within the scope of one crime. Currently, the beginning of the transition to the third stage of the development of scientific research on the problems of investigating criminal offenses related to domestic violence is observed. The latter is characterized by a shift in the emphasis of scientists to researching the problems of investigating other types of criminal offenses related to domestic violence, other than those provided for in Art. 126-1 “Domestic violence” of the Criminal Code of Ukraine, for example, a study of the problems of investigating murders committed with the use of domestic violence.

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Problems in the formation and implementation of the methodology for investigating homicides related to domestic violence

2023

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The theoretical foundations for building a separate forensic methodology for investigating homicides committed in connection with domestic violence have been developed. A scientific justification for the differentiation of the relevant type of homicide in the system of forensic classification of criminal offences related to domestic violence has been proposed. Certain elements of the methodology for investigating this type of homicide and their specificity in the context of developing forensic recommendations have been identified. Characteristics of the practical implementation of the methodology for investigating homicides committed in connection with domestic violence have been provided. A systematic analysis of the elements of the mechanism of domestic homicide and domestic violence, the activities of law enforcement agencies to prevent, detect and investigate this type of homicide, as well as scientific recommendations concerning the methodological and forensic support of pre-trial investigation in criminal proceedings on homicide has been carried out. Legislation regulating social relations in the field of domestic violence prevention, as well as judicial and investigative practice in criminal proceedings on homicide related to domestic violence have been studied. On this basis, it has been determined that homicide committed in connection with domestic violence is a type of domestic (household) homicide, the investigation process of which is characterised by specific features which necessitate the formation of a corresponding separate subspecies forensic methodology. The main distinguishing feature of this homicide group is predicate domestic violence, i.e. violence that systematically occurs in the family before the actual event of the homicide. An important reason for differentiating the methodology of investigating such homicides is the forensic classification of domestic violence as a separate phenomenon and criminal offences related to it. These classifications also make it possible to detail individual elements of the methodology for investigating the category of homicide under study, including typical investigative situations, versions, tactical tasks of the investigation, algorithms of investigator's actions and tactical operations. A specific aspect of the formation and practical implementation of the methodology for investigating homicides committed in connection with domestic violence is to take into account the peculiarities of the behaviour and psychology of the offender, the victim and, in some cases, witnesses of domestic violence when choosing means of evidence (investigative actions) and tactics for their conduct. This significantly affects the specification of typical investigative situations of the initial and subsequent stages of the investigation, as well as determines the specific tactics of certain procedural actions, including inspection of the scene, interrogation, involvement of experts, etc.

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Conditions conducive to the domestic violence against the elderly based on the judicial and investigative practice of Ukraine

Cited by 3 publications

References 0 publications

Some Areas of Prevention of Collaboration Activities

Some Areas of Prevention of Collaboration Activities

The state of scientific research on the problems of investigating criminal offenses related to domestic violence

Problems in the formation and implementation of the methodology for investigating homicides related to domestic violence

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