THE EVOLUTION OF ADMINISTRATIVE AND LEGAL RESPONSIBILITY FOR DOMESTIC VIOLENCE: FROM LEGISLATIVE CHANGES TO LAW ENFORCEMENT CHALLENGES

Abstract

The article examines the legal composition of the administrative offense of domestic violence under Article 173-2 of the Code of Administrative Offenses of Ukraine. The study analyzes the evolution of the legal norm, which has undergone six revisions since its introduction in 2003, reflecting the adaptation of legislation to modern human rights protection standards and Ukraine's international obligations in combating domestic violence. The research reveals a discrepancy between the article's placement in Chapter 14 of the Code (offenses against public order) and its actual legal nature. The generic object of the offense is social relations in the sphere of protection of citizens' rights, while the immediate object is the physical, mental health and economic well-being of family members. The objective side is characterized by three forms of violence: physical, psychological and economic, with mandatory establishment of harmful consequences and causal relationship. The subject of the offense is a sane natural person who has reached 16 years of age and is in legally defined relationships with the victim. The subjective side is characterized exclusively by intent, distinguishing domestic violence from other administrative offenses. Statistical analysis of judicial practice demonstrates critical problems: in 2024, 24.17% of cases were closed, with 43.46% of closed cases being dismissed due to absence of the event or elements of the offense. This indicates systematic deficiencies in documenting offenses by police and difficulties in establishing mandatory elements of the offense composition. The study identifies terminological redundancy in Part 2 of Article 173-2 regarding "minor or juvenile person" and proposes using the unified term “child”. Prospects for further research include developing methodological recommendations for police officers and studying foreign experience in administrative liability for domestic violence.