THE OBJECT OF DOMESTIC VIOLENCE IN THE FORM OF CHILD ABUSE

Abstract

The article examines the object of domestic violence in the form of child abuse. There is a generally recognized position according to which the object is what is encroached upon by a person who has committed a criminal offense. But as for the content of the concept of the object of a criminal offense, here the opinions of scientists differ. The definition of the object of a criminal offense as social relations has the largest number of supporters. However, such social relations are quite diverse. Therefore, it is necessary to install all types of objects. The public danger of the acts listed in Chapter 2 of the Special Part of the Criminal Code "Criminal Offenses Against Life and Health of a Person" consists in the fact that they either cause or threaten to cause significant harm to a person's life and health. The totality of these relationships is the generic object of the specified criminal offenses. Some scientists, along with the generic object, also distinguish a subgroup (species) object. A specific object is essentially a part of a generic object and unites close social relations within its boundaries. If this recommendation is applied to build a system of criminal offenses, the responsibility for which is established by Section 2 of the Special Part of the Criminal Code, then it is possible to distinguish at least two types of objects: life and health. Given that in Art. 126-1 of the Criminal Code does not provide for such a consequence as the death of a person, therefore, the commission of this criminal offense does not directly harm the life of a person, including a child. In this regard, the criminal offense provided for in Art. 126-1 of the Criminal Code, should be included in the group of offenses whose specific object is health. Due to the lack of a legal definition of health as an object of a group of criminal offenses, the idea of this feature of the composition of a criminal offense is rather unclear. Therefore, when examining health in this aspect, it is necessary to proceed from the fact that the criminal law provides for responsibility for actions that cause the deterioration of the state of health that a person had at the time of committing the relevant actions. The main direct object of domestic violence in the form of child abuse is social relations that ensure the normal physical and psychological development of the child in the family circle and influence the formation of him as a full-fledged personality.