ON THE ISSUE OF DETERMINING THE OBJECTIVE ELEMENTS OF THE ADMINISTRATIVE OFFENSE PROVIDED FOR BY ARTICLE 173-2 OF THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES

Abstract

The scientific article is devoted to the study of the objective signs of the composition of an administrative offense, provided for by Art. 173-2 of the Code of Ukraine on Administrative Offenses. The author determined that the relevance of conducting scientific research on the chosen topic is due to the importance of the correct qualification of domestic violence and ensuring effective administrative and legal response to its manifestations. The judicial practice of applying Art. 173-2 of the Code of Ukraine on Administrative Offenses was analyzed, on the basis of which problematic issues of establishing the objective signs of the composition of an administrative offense and proving its consequences were identified. Scientific approaches to determining the object of an administrative offense, provided for by the specified norm, were identified and the lack of unity of views on its content was established. It is established that the direct object of domestic violence has a broader meaning and encompasses social relations related to ensuring the physical and psychological integrity, safety, dignity and economic well-being of the victims, which is not limited to the formal assignment of Art. 173-2 of the Code of Ukraine on Administrative Offenses to Chapter 14 «Administrative Offenses that Encroach on Public Order and Public Safety». The features of physical, psychological and economic violence as forms of unlawful acts have been studied. It has been established that for correct qualification it is necessary to determine the nature of violent behavior, the method of its commission, direction and consequences. The features of the objective side of the qualified composition of the offense provided for in Part 2 of Art. 173-2 of the Code of Ukraine on Administrative Offenses, related to the commission of domestic violence against a minor or underage person, have been separately analyzed. Additionally, a distinction is made between domestic violence committed «with respect to a child» and violence committed «in the presence of a child», since the specified circumstances have different legal significance for the qualification of the act.