SELECT ASPECTS OF THE LEGAL FRAMEWORK FOR COMBATING DOMESTIC VIOLENCE IN GEORGIA

Abstract

This article analyzes Georgia’s experience in establishing a legal framework to combat domestic violence. It notes that the country’s legislature is making significant efforts to curb the spread of delinquent behavior related to domestic violence, which has resulted in the adoption of the Law “On the Prevention of Violence Against Women and/or Domestic Violence, and the Protection and Assistance of Victims of Violence,” as well as in establishing domestic violence as a separate criminal offense. It is emphasized that the Georgian legislature, unlike the Ukrainian legislature, identifies six forms of domestic violence – in addition to the traditional forms of physical, psychological, sexual, and economic abuse, it also includes neglect (understood as the failure of one (or both) parents, other legal representatives or (and) other responsible persons failing to meet the physical or psychological needs of minors, failing to protect them from danger, restricting their right to basic education, failing to register their birth, or failing to take the necessary steps to access medical and other services— if one parent (or both), other legal representatives, or other responsible persons possess the necessary information, opportunity, and access to the relevant services) and coercion (physical or psychological coercion of a person to perform or refrain from performing an act, the performance or non-performance of which is their right, or subject to influence against their will). It is noted that, in accordance with the Criminal Code of Georgia, domestic violence constitutes a separate criminal offense under Article 126-1. Unlike Article 126-1 of the Criminal Code of Ukraine, the aforementioned provision of Georgia’s criminal law does not require “systematicity” as a mandatory element of the objective side of the offense. In addition, the latter provision sets forth aggravating circumstances—such as repeat offenses or the commission of the crime against a minor, among others. Based on an analysis of the provisions of Article 126-1 of the Criminal Code of Georgia, proposals have been formulated to modernize the provisions of Article 126-1 of the Criminal Code of Ukraine.