Журнал «Вопросы государства и права»

FAMILY VIOLENCE AS A SOCIO-LEGAL PHENOMENON

Author: Yurina Elizaveta A., Nesynova Maria S., Alontseva Dina V.

The article is devoted to an urgent problem in the modern world - family violence. This topic is notable in the Russian Federation, since domestic violence often escalates either to causing severe physical injury or to the death of the victim, and responsibility for such crimes is not fixed at the legislative level. The authors consider the doctrinal points of view concerning the essence of domestic violence, indicate the types of violence and the causes of its occurrence in the family. The authors provide statistical information on the forms and causes of violence. It has been established that the most common forms of family violence are raising the voice, blackmail and humiliation, beatings, slapping, and their causes are self-defense, treason or suspicion of treason, "educational measures", reaction to tantrums. The types of violence are defined: physical, psychological, sexual, economic. Physical violence is more often experienced by children than by women, since minors can be victims of both parents. Psychological violence affects the psyche and emotions of the partner through intimidation, threats, insults, shouting, condemnations. Sexual violence is violent actions that are carried out with the use of physical force, threats aimed at the sexual intimacy of a man with the victim, against her will. Economic violence pursues material pressure, manifested in the prohibition to work, study, extortion of money, as well as full control over income. It is established that for violation of the rights of a child in the family or improper performance of their duties by parents, parents (legal representatives) bear legal responsibility in the form of: criminal liability (Article 156 of the Criminal Code of the Russian Federation); administrative liability (Articles 5.35 and 20.22 of the Administrative Code of the Russian Federation); deprivation of parental rights (Article 69 of the IC RF); restrictions in parental rights rights (Article 73 of the RF IC). The authors have defined a set of legislative and informational and educational measures to prevent domestic violence.

Key words:
family violence; family; children; psychological violence; types of violence; domestic violence; physical harm; crime prevention measures