SYSTEMATICITY AS A SIGN OF THE OBJECTIVE ASPECT OF DOMESTIC VIOLENCE (ART. 126-1 OF THE CRIMINAL CODE OF UKRAINE)

Abstract

Based on an analysis of scientific views of scholars and data from the judicial practice of local, appellate, and supreme courts, this article examines theoretical and practical approaches to interpreting the concept of systematic domestic violence.

The purpose of this article is to clarify the concept of systematicity as a sign of the objective side of a criminal offense under Article 126-1 of the Criminal Code of Ukraine. At the same time, it is necessary to resolve the issue of the presence or absence of double incrimination of a person for the same offense in the case of bringing such a person first to administrative responsibility for domestic violence and then to criminal responsibility.

It has been established that the legislator in Article 126-1 of the Criminal Code of Ukraine defined the concept of domestic violence through the feature of systematicity. However, the current legislation does not contain a clear definition of the concept of “systematicity” in the context of domestic violence. Only in some resolutions of the Plenum of the Supreme Court of Ukraine concerning other criminal offenses is the meaning of this feature explained, which usually refers to the commission of three acts. To establish the systematic nature of domestic violence, scholars also mainly refer to three episodes of the commission of the act. In the rulings of the Cassation Criminal Court within the Supreme Court dated 25 February 2021 in case No. 583/3295/19, dated 14 June 2022 in case No. 585/3184/20, dated 28 May 2024 in case No. 522/2378/22, legal positions were provided regarding the concept of “systematic domestic violence,” according to which domestic violence, as provided for in Article 1261 of the Criminal Code of Ukraine, will occur in the event of one of the forms of violence (physical, psychological, or economic) being committed for the third time.

It has been proven that despite such unanimity of views, the interpretation of the concept under study in the practice of local and appellate courts is ambiguous.

It has been concluded that it is advisable to enshrine the concept of systematic domestic violence in legislation by supplementing Article 126-1 of the Criminal Code of Ukraine with the following note: "In this article, systematic domestic violence is the commission of any type of violence provided for in the disposition of the article at least three times during the year. The systematic nature of violence may be confirmed, inter alia, by the previous bringing of a person to administrative responsibility for an offense provided for in Article 173-2 of the Code of Ukraine on Administrative Offenses."

Keywords: criminal liability, systematic nature, domestic violence, administrative liability, prohibition of double punishment.