CONCEPT OF FAMILY VIOLENCE REGARDING MINOR ITS MEMBERS AND THEIR TYPES

Abstract

Protecting children from violent criminal offenses that encroach on life, health, morality and sexual integrity is a priority task of national security, uniting the efforts of the family, the state and civil society. Violence in the family against minors has characteristic features related to the specifics of the mechanism of committing criminal offenses, the causes and conditions, its determinants, the personality of criminals, the characteristics of the victim’s behavior, which requires consideration when developing special prevention measures. The analysis of the legislation and special literature leads to the conclusion that today there is no single approach to defining a number of the most important concepts related to the topic of the research. This primarily concerns the concepts of “family” and “violence”. The concept of “violence” is currently widely used not only in everyday life, but is also included in the terminological apparatus of various sciences. Philosophy, psychology, criminal law, criminology, forensics and other sciences approach the solution of the problem of defining the concept of “violence” independently, without using already existing definitions in related fields. The definition of violence may vary depending on the purposes of its use. This is due to the fact that the violence itself has a rather “wide format”. It is a social and legal phenomenon, not limited by the framework of criminal law. In other words, violence can include both criminal offenses and administrative offenses, as well as other forms of behavior that are not formally delicts, but contradict the generally accepted and approved norms of behavior, forming prerequisites for violent crime as such. In this regard, it is necessary to specify that in the context of the real study, only the criminal law concept of violence will be used, evaluated from the standpoint of the criminal law as an offense and, accordingly, possessing all its features. Such a concept is necessary for clearly defining the subject of research, operating on it to distinguish related problems in the process of studying empirical material.