COMPARATIVE LEGAL ANALYSIS OF CRIMINAL LIABILITY FOR DOMESTIC VIOLENCE IN UKRAINE AND ABROAD

Abstract

The article is devoted to a comprehensive
analysis of criminal liability for domestic violence in
Ukraine in the context of recent legislative changes
and international legal standards. It examines the
genesis of legal regulation of domestic violence,
including the adoption of Article 126-1 of the Criminal
Code of Ukraine, which establishes criminal liability
for systematic physical, psychological, and economic
abuse within family or close relationships. The
influence of Ukraine’s international obligations,
particularly the provisions of the Istanbul Convention,
on the criminalization of domestic violence and the
development of national legislation is analyzed in
detail. Attention is paid to the correlation between
criminal and administrative measures for responding
to cases of domestic violence, with the main problems
of law enforcement practice identified, especially
regarding the proof of systematic abusive behavior.
The article also presents a comparative legal
analysis of approaches to criminal liability for
domestic violence in a number of foreign countries,
including the USA, Canada, France, Germany, Spain,
Sweden, and Norway. Special attention is given to the
study of legislative models, the role of protective
orders, rehabilitation programs for offenders, and
mechanisms for protecting victims. Both the positive
aspects of international experience and the potential
risks of its direct application in Ukraine’s context are
highlighted.
Based on the conducted research, the article
proposes directions for improving criminal law
mechanisms for combating domestic violence in
Ukraine, including clarifying the definition of the crime, enhancing the effectiveness of protective measures, increasing criminal penalties, and developing a comprehensive system of social support for victims. The necessity of ensuring systematic scientific support for reforms in the field of combating domestic violence and actively applying positive international practices, taking into account national specifics, is substantiated.

Keywords: domestic violence; foreign experience; legislation; international standards; law enforcement; criminal liability; Article 126-1 of the Criminal Code of Ukraine; Istanbul Convention.