Measures of Counteracting Domestic Violence Committed by Children: Problematic Aspects

Abstract

The problem of domestic violence is quite urgent in our country. Domestic violence is a heavy burden both for the victim and for society in the whole. Typically, the most vulnerable family members who suffer from domestic violence are women, children and the elderly, and the perpetrators are most often men. But a child can also commit domestic violence, as evidenced by the legal definition of the term of “a child- abuser”. However, this phenomenon is insufficiently studied and is rarely discussed by Ukrainian scholars.

The purpose of this article is to study measures to combat domestic violence committed by children by analyzing the current legislation of Ukraine in the field of preventing and combating domestic violence and gender-based violence.

The author has analyzed the definition of the term of “a child-abuser” enshrined in the law. On this basis it has been concluded that a child of any age can be an abuser. It has been established that children most often commit domestic violence in psychological, physical and economic forms.

The emphasis has been placed on the inexpediency of bringing parents or persons replacing them to administrative liability under Part 3 of the Art. 184 of the Code of Ukraine on Administrative Offenses in cases, when their child, who has not reached the age of administrative liability, is the offender, and his victim is a father (mother) or a person who replaces them.

The author has analyzed the algorithm of actions, according to which the police now act in case of detection of facts of domestic violence by a child under the age of sixteen.

It has been found out that the legislation does not set the age from which such a special measure to combat domestic violence is allowed to be taken as an urgent prohibition, which is the basis for taking a child-abuser for preventive registration by juvenile prevention units. It has been noted that the settlement of this issue will allow us to make informed decisions on the registration or non-registration of a child-abuser who has not reached the age of sixteen and has committed domestic violence against parents, which will further affect the determination of the subject of individual prevention.