Problem of domestic violence: international scope and national perspectives on legislative resolution

Abstract

The authors seek to form a theoretical basis for the Russian legislator creating legislation against domestic violence by comparing the theoretical and legislative ideas implemented in different countries in creating such special legislation. The purpose of the study is to analyze the Russian theoretical resource on the problem of intrafamily violence to identify the “missing links” in the doctrinal study of the problem and dogmatic qualification of relations arising in such violence. In an attempt to change the existing trajectory of this type of substantive research, the authors address domestic violence prevention using interdisciplinary and systemic approaches involving the methods of analysis, generalization, formal logic, hermeneutics, and comparison. Based on the study results, the authors conclude that conceptual problems of domestic violence do not fit into the thematic framework of family law science. To develop an adequate law concept on the prevention of domestic violence and the protection of its victims, the system of source studies must include not only the views of representatives of family law science but also the surrounding sciences.