对家庭暴力的刑事和法律途径的历史和法律分析

Anastasiia Baran
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摘要

本文通过对不同时期、不同国家家庭暴力概念的分析,认为无论社会如何发展、如何演变,家庭暴力问题始终存在。人们发现,家庭暴力在历史上的根源是深刻的,来自古代,是由不同民族和国家的民族价值、文化、传统、当然还有宗教的特点所决定的。今天,家庭暴力是社会上最尖锐的问题之一,在世界范围内相当普遍,在隔离限制期间,它的规模越来越大。现代社会认为家庭暴力是一种刑事犯罪,但在乌克兰的大多数情况下,家庭暴力仍然是一个家庭秘密,因为这种暴力的受害者羞于承认它并向执法当局报告。实现个人人权,保障生命权和健康权,个人自由发展权,是法治社会国家的主要任务之一,乌克兰已宣布成为法治社会国家。确保这些权利直接关系到打击暴力行为,特别是家庭暴力。最早在立法一级规范家庭关系的尝试,早在公元前18世纪巴比伦国王汉谟拉比统治时期就已出现,历史遗迹证明了这一点。在汉谟拉比国王的法律中,家庭关系——包括财产和非财产关系,以及对儿童某些权利的保护——得到了很多关注。因此,对这些法律的个别条款的分析使我们能够断言,这些法律保护家庭的利益,确立了配偶在财产和有尊严的家庭生活条件方面的平等权利,并明确规定了男女双方离婚的理由。同时,汉谟拉比国王的法律还规定,如果妇女或儿童无力偿还债务,可以在一定时期内将其置于债务奴役的境地。基于性别的暴力在乌克兰和国外都有着深刻的历史根源。它的起源从远古开始,自从人类开始在地球上存在。值得注意的是,在目前的发展阶段,家庭暴力是一个紧迫的问题,无论是对遭受暴力侵害的人,还是对遭受暴力侵害的家庭,当然也是对我们整个社会,因为家庭暴力是世界上最常见的侵犯人权的形式之一。
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Historical and legal analysis of the criminal and legal approach to domestic violence
The article is devoted to the analysis of the concept of domestic violence at different times and in different countries, as a result of which it can be stated that regardless of the development of society, its evolution, the problems of domestic violence have always existed. It has been found that the roots of domestic violence in history are deep, come from ancient times and are determined by the peculiarities of national values, culture, traditions and, of course, religion of different peoples and states. Today, domestic violence is one of the most acute problems of society, which is quite widespread in the whole world and during the period of quarantine restrictions, it is gaining larger and larger scales. Modern society considers domestic violence as a type of criminal offense, but in most cases in Ukraine, domestic violence remains a family secret, because victims of such violence are ashamed to admit it and report it to law enforcement authorities. Realization of personal human rights, guaranteeing the right to life and health, to free personal development is one of the main tasks of the legal social state, which Ukraine is declared to be. Ensuring these rights is directly related to combating violent acts and, in particular, domestic violence. The first attempts to regulate family relations at the legislative level, as evidenced by historical monuments, were made as early as the 18th century BC, during the reign of Hammurabi, king of Babylon. In the laws of King Hammurabi, a lot of attention was paid to family relations - both property and non-property, as well as the protection of some rights of children. Thus, the analysis of individual provisions of these laws makes it possible to assert that they protected the interests of the family and established equal rights of spouses regarding property and dignified conditions of family life, as well as provided for clearly defined grounds for divorce, both on the part of the man and the woman. At the same time, the laws of King Hammurabi also provided for the possibility of placing a woman or child in debt bondage for a certain period in case of inability to repay the debt. Gender-based violence has deep historical roots both in Ukraine and abroad . It takes its origin from ancient times, since mankind began to exist on Earth. It is worth noting that domestic violence is an urgent problem at the current stage of development , both for the person against whom it is committed, as well as for the families where it is committed and, of course, for our society in general, because domestic violence is one of the most common forms of human rights violations in the world.
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