scholarly journals ECONOMIC VIOLENCE IN THE FAMILY: YPES AND REASONS FOR USE

2021 ◽  
pp. 76-82
Author(s):  
А. D. Danylyuk
Keyword(s):  
Domestic Violence ◽  
Criminal Code ◽  
Economic Resources ◽  
The Other ◽  
Psychological Violence ◽  
The Family ◽  
Economic Violence ◽  
Distribution Of Power ◽  
Objective Side ◽  
The Right

Based on national legislation on domestic violence, the article examines the concept of domestic violence. A particular attention is paid to economic violence in the family. Any form of violence is associated with the distribution of power between partners and some certain imbalance between them. In a couple, the partner who is emotionally and/or physically stronger and more influential uses violence. Economic violence is associated with the deprivation or restriction of the right to use economic resources, in which one of the partners (more often a woman) feels a threat towards security and emotional comfort, as she is in complete economic dependence on the tyrant partner. Economic violence can manifest itself in the deprivation or restriction of the right to use property, money; imposition of property obligations; transfer of monetary obligations to the victim; the prohibition of employment, which deprives the victim of the possibility of self-realization in the future. These actions may entail mental suffering and a decrease in the mental stability of the victim of violence, which indicates psychological violence and so on. The commission of these actions is violence in the event that the partner whom they were applied to feels psychological suffering, which can lead to a health disorder, emotional dependence or a deterioration in his/her of life’s quality. The reasons for economic violence are the unwillingness of partners to discuss complex issues related to the management of economic resources before starting a relationship; unwillingness of one of the parties to take responsibility for their lives, completely falling under the dependence of the other partner, including in financial matters; violation of the personal boundaries of another partner, the desire to manipulate him/ her and, as a consequence, the dependence of one partner on the other and so on. The criteria for distinguishing between criminally punishable domestic violence and domestic violence as an administrative offense are signs of systematicity and social danger. It is proposed to reveal the content of the forms of domestic violence enshrined in Art. 126–1 of the Criminal Code of Ukraine, taking into account the content of the objective side of other articles of Section II, IV of the Special Part of the Criminal Code of Ukraine; enforce in the footnote to Art. 126–1 of the Criminal Code definition of the concept of “systematic”.

scholarly journals CRIMINAL LIABILITY FOR DOMESTIC VIOLENCE IN UKRAINE

2020 ◽  
Vol 33 (20) ◽  
pp. 102-107
Author(s):  
O.S. Bondarenko
Keyword(s):  
Domestic Violence ◽  
Criminal Responsibility ◽  
Physical Violence ◽  
Criminal Liability ◽  
Criminal Code ◽  
Psychological Violence ◽  
The Family ◽  
Economic Violence ◽  
Close Relationship ◽  
The Individual

The article deals with criminal liability for domestic violence in Ukraine. For a considerable period of time, in many cultures and in different political regimes, the family has been considered the foundation of society. The priority of the family is enshrined in both international legal acts and the Basic Law of Ukraine. However, unfortunately, sometimes the family does not become an attribute of security and peace, but rather an attribute of quarrels, conflicts, and sometimes even of violence. Sociological surveys are also disappointing: almost 70% of women are subjected to various forms of domestic violence, and 35% of minors are systematically affected by abusive parenting. In view of the pressing social need to criminalize domestic violence, and in the context of Ukraine’s ratification of the Council of Europe Convention on the Prevention of and Violence against Women and Domestic Violence, a new Article 126-1 “Domestic Violence” was introduced in Criminal Code of Ukraine. The author analyzes the criminal responsibility for domestic violence through the prism of the composition of crime. It has been established that the main direct object of a domestic violence crime is the health of the individual. An additional optional object may be the person’s honor, his / her mental integrity, etc. The objective aspect of domestic violence can take three forms of expression: physical, psychological, and economic violence. The subject is special (a spouse or former spouse or another person who is in a family or close relationship). The subjective side of the crime is characterized by direct intent. It is concluded that the current construction of this crime is not in general contrary to the current legislation, but needs adjustments that can improve both the perception of the norm itself and the process of its implementation. Keywords: domestic violence, types of domestic violence, physical violence, economic violence, psychological violence, qualification of domestic violence, the victim of domestic violence.

scholarly journals ECONOMIC VIOLENCE AS A TYPE OF DOMESTIC VIOLENCE: STATUTORY REGULATION AND THE FIRST EXPERIENCE OF APPLICATION OF THE CRIMINAL LEGISLATION OF UKRAINE

2020 ◽  
Vol 4 (48) ◽  
Author(s):  
Oleksandr Bilovol
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Violence ◽  
The Will ◽  
The Right ◽  
A Minor ◽  
Criminal Legislation ◽  
Economic Nature

The criminal liability for economic violence in Ukraine as one of the types of domestic violence was analyzed in the article. Interpretations of such types of economic violence as intentional deprivation of housing, food, clothes, other property, money and documents or opportunity to use them, leaving without care or guardianship, preventing in receipt of necessary services in treatment or rehabilitation, ban to work, coercion to work, ban to study and also other offenses of economic nature. It was established that the intentional deprivation of housing, food, clothes, other property, money or documents should be understood as conditions under which the victim cannot use this property in full because it has been spent on the guilty person’s own needs, transferred to third parties, destroyed or damaged, etc. It was noted that the relevant property may belong to the offender or the victim. In turn, deprivation of the opportunity to use this property means that the victim is either limited in time to use these items, that is cannot use them constantly, but only for a certain time or with a certain frequency and/or cannot use this property to the extent which deems it necessary. Separation of these types of economic violence from crimes such as abuse of guardianship rights, evasion of alimony payment for child support, evasion of money payment for keeping of disabled parents, and malicious failure to care for a child or a person in custody or care was done. It was stated that committing such a type of economic violence as a ban on work or unlawful force to work, the offender against the will of the victim at his own discretion determines whether the victim has the right to realize his right to work or vice versa to force the victim against his will to work or overwork or perform the work chosen by the offender himself, not the victim. In this case, the aggressor may not work himself at all. This type of economic violence was separated from such crimes provided by other articles of the Criminal Code of Ukraine as the exploitation of children and the use of a minor child for begging. The attention was focused on the fact that the list of types of economic violence for which criminal liability may occur has an open character. This approach of the legislator makes the norm more flexible in application but significantly complicates its interpretation.

scholarly journals Domestic violence against women according to the viewpoint of family health strategy teams

2020 ◽  
pp. 850-855
Author(s):  
Giane Lopes Oliveira ◽  
Ninalva de Andrade Santos ◽  
Juliana Costa Machado ◽  
Vilara Maria Mesquita Mendes ◽  
Roberta Laíse Gomes Leite Morais ◽  
...  
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Family Health ◽  
Psychological Violence ◽  
Structured Interviews ◽  
Health Strategy ◽  
The Family ◽  
Domestic Violence Against Women ◽  
Family Health Strategy ◽  
Physical And Psychological Violence

Objective: The study’s purpose has been to understand domestic violence against women under the perception of Family Health teams. Methods: It is a descriptive study with a qualitative approach, which was performed with 24 professionals from Family Health Units located in a municipality from the Bahia State countryside, Brazil. Data collection took place through semi-structured interviews designed according to the thematic content analysis. Results: Physical and psychological violence were the most common forms of domestic violence against women, with alcoholism, jealousy and macho culture as triggers for aggression. Gender and power relations were evidenced in the context of violence. Conclusion: Therefore, it is possible to underline the need for training of the Family Health teams in order to identify and adequately handle cases of domestic violence against women, aiming for comprehensive care.

scholarly journals Efficiency of Judiciary and Penalty Policy of Courts in Serbia for Criminal Work Violence in Family // Efikasnost pravosuđa i kaznena politika sudova u Srbiji za krivično delo nasilje u porodici

2019 ◽  
Vol 9 (9) ◽  
pp. 69
Author(s):  
Dragan Jovašević
Keyword(s):  
Domestic Violence ◽  
Rule Of Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Family

Under the influence of international standards, in the first place of the Istanbul Convention, in Serbia at the beginning of this century, there were several statutory texts such as the Criminal Law (2002), the Family Law (2005), the Criminal Code (2005) and the Law on the Prevention of Violence in the family (2016) determined the concept, elements, characteristics and forms of manifestation of the criminal act of domestic violence, as well as a system of preventive and punitive measures in order to prevent and suppress it. However, there is a greater or lesser disparity between legislative solutions and judicial practice, which also affects the efficiency of the functioning of the judiciary, and therefore the rule of law in general. To a large extent they contribute to the results of the policy of criminal prosecution, ie the criminal policy of the courts for the criminal offense of domestic violence in the last decade in Serbia whose results are presented in this paper.

THE SOCIALDANGEROUSOF SOME CRIMES AGAINST THE FAMILY IN CRIMINAL LAW AND THE ISSUES OF CRIMINALIZATION OF CERTAIN ACTS IN THIS AREA

2021 ◽  
Vol 6 (7) ◽  
pp. 87-96
Author(s):  
Zulkhumor Ibrokhimova ◽  
Keyword(s):  
Criminal Law ◽  
Family Relations ◽  
Disabled Persons ◽  
Criminal Code ◽  
Child Disclosure ◽  
The Social ◽  
The Family ◽  
Practical Standpoint ◽  
The Republic ◽  
Objective Side

This article deals with the social danger of some crimes against family and family relations in the Criminal Code of the Republic of Uzbekistan. From a scientific, theoretical and practical standpoint, the author analyzes the signs of the objective side of the elements of some crimes against the institution of the family, defined in Chapter V "Crimes against family, youth and morality" of the Criminal Code of Uzbekistan. In particular, such crimes as evasion from the maintenance of minors or disabled persons, evasion from the maintenance of parents, substitution of a child, disclosure ofthe secret of adoption, violation of the legislation on marriageable age were comprehensively considered. In addition, the issues of criminalization of certain acts against the family, which are not recognized as criminal in the Criminal Code, were raised and relevant proposals were presented

TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN YANG DILAKUKAN SECARA BERSAMA-SAMA (Analisis Putusan Nomor 143/Pid.B/2015/PN.Dmk)

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Chairunisa Chairunisa ◽  
Alfitra Alfitra ◽  
Mara Sutan Rambe
Keyword(s):  
Criminal Code ◽  
Public Prosecutor ◽  
Economic Factors ◽  
The Public ◽  
The Family ◽  
The Right ◽  
The Impact

Permasalahan utama dalam penelitian ini adalah ketidaktepatan penjatuhan pidana oleh Hakim kepada pelaku dalam kasus pencurian dengan pemberatan pada Putusan Nomor 143/Pid.B/2015/PN.Dmk. Penelitian ini bertujuan untuk mengetahui dan menganalisis faktor yang melatarbelakangi terjadinya pencurian dengan pemberatan dan pertimbangan Hakim dalam menjatuhkan pidana terhadap pelaku dalam Putusan Nomor 143/Pid.B/2015/PN.Dmk. Hasil penelitian ini menunjukkan bahwa faktor yang melatarbelakangi terjadinya tindak pidana pencurian dengan pemberatan dalam putusan Nomor 143/Pid.B/2015/PN.Dmk oleh AD sebagai pelaku turut serta melakukan pencurian dengan pemberatan yaitu disebabkan oleh faktor ekonomi karena ia merupakan tulang punggung keluarga dan harus memenuhi kebutuhan hidup baik untuk dirinya maupun keluarganya. Kemudian, oleh karena semua unsur dalam dakwaan primair telah terpenuhi, Hakim menjatuhkan pidana kepada pelaku dengan dakwaan kesatu yaitu pelaku melanggar Pasal 363 Ayat (1) Ke-3, Ke-4, dan Ke-5 KUHP. Hakim sudah tepat mengambil keputusan yaitu mengadili pelaku dengan tindak pidana pencurian dalam keadaan memberatkan akan tetapi hukuman yang dijatuhkan oleh Hakim sangatlah minim dan lebih rendah dari apa yang dituntut oleh Jaksa Penuntut Umum karena pelaku sebelum melakukan tindak pidana pencurian dengan pemberatan baru saja keluar dari Lembaga Pemasyarakatan (Lapas) dengan kasus Penggelapan dalam Putusan Nomor 133/Pid.B/2014/PN.Pti dan sudah pernah dihukum. Maka dari itu, hukuman yang diberikan kepada pelaku tidaklah sebanding dengan apa yang dilakukannya dan sebaiknya Hakim juga mempertimbangkan dampak dan kerugian yang ditimbulkan bagi korban akibat perbuatan pelaku.AbstractThe main problem in this research is the inaccuracy of the sentence handed down by the judge to the perpetrator of the robbery case weighing Decision Number 143/Pid.B/ 2015/PN.Dmk. This study aims to see and analyze the factors underlying the weighted actions and judges' considerations in imposing crimes against the perpetrators of Decision Number 143/Pid.B/2015/PN.Dmk. The results showed that the factors behind the occurrence of criminal acts of theft with weighting in the decision Number 143/Pid.B/2015/PN.Dmk by AD as the perpetrator participated in committing theft with weight, namely due to economic factors because he was the backbone of the family and had to meet the necessities of life both for himself and his family. Then, because all the elements in the primair indictment had been fulfilled, the Judge sentenced the perpetrator to the first charge, namely the perpetrator violating Article 363 Paragraph (1) 3rd, 4th, and 5th of the Criminal Code. The judge has made the right decision, namely trying the perpetrator with a criminal act of theft in burdensome circumstances, but the sentence handed down by the Judge is very minimal and lower than what is demanded by the Public Prosecutor because the perpetrator before committing the crime of theft with weight has just left the Penitentiary (Lapas) with embezzlement cases in Decision Number 133/Pid.B/2014/PN.Pti and have already been convicted. Therefore, the sentence given to the perpetrator is not proportional to what he has done and the judge should also consider the impact and harm caused to the victim as a result of the perpetrator's actions.

scholarly journals The role of motivation on secondary school students’ causal attributions to choose or abandon chemistry

2020 ◽  
Author(s):  
Diego Ardura ◽  
Ángela Zamora ◽  
Alberto Pérez-Bitrián
Keyword(s):  
Secondary Education ◽  
Secondary School ◽  
Secondary School Students ◽  
Causal Attributions ◽  
The Other ◽  
Education Curriculum ◽  
School Students ◽  
The Family ◽  
The Right

The present investigation aims to analyze the effect of motivation on students’ causal attributions to choose or abandon chemistry when it first becomes optional in the secondary education curriculum in Spain. Attributions to the effect of the family and to the teacher and classroom methodology were found to be common predictors of the choice to all the students in the sample. However, our analyses point to a significant effect of the students’ motivation in other types of attributions. In the case of at-risk of abandonment students, specific causal attributions to the effect of friends and to the subject's relationship with mathematics were found. On the other hand, the effect of media was a significant predictor only in the case of highly-motivated students. Our study provides several suggestions for teachers, schools, and administrations to design counseling strategies to help students make the right choices.

scholarly journals Pastoral Konseling Terhadap Anak Usia 5-12 Tahun Yang Mengalami Krisis Kasih Sayang

2020 ◽  
Vol 4 (2) ◽  
pp. 158-181
Author(s):  
I Made Suharta
Keyword(s):  
Pastoral Counseling ◽  
Bright Light ◽  
The State ◽  
The Other ◽  
Good Teaching ◽  
Extended Families ◽  
The Family ◽  
The World ◽  
The Right ◽  
Personality Patterns

Anak-anak di dunia ini sangat membutuhkan bimbingan dari orang tua yang dilakukan dengan adanya rasa kasih sayang dari keluarga terutama bimbingan dari orang tua.  Dengan bimbingan dan kasih sayang yang sepatutnya, seorang anak akan bertumbuh menjadi suatu kesukaan bagi orang tua, berkat bagi dunia, dan terang bercahaya bagi Allah. Pengaruh keluarga atau pun juga guru yang mengajar mereka di sekolah bagi perkembangan anak sangatlah besar. Karena guru juga merupakan tempat utama bagi pembentukan karakter, watak, dan kepribadian anak di sekolah. Dengan bantuan dan dorongan dari keluarga, teman-teman, dan anggota-anggota keluarga besar, anak-anak seharusnya merasakan masa kanak-kanak sebagai suatu masa untuk menemukan pribadi seperti yang telah dikehendaki oleh Tuhan. Namun keadaan dunia ini tidaklah selalu sesuai dengan yang diharapkan. Dunia saat ini memberikan kepada anak-anak kemudahan-kemudahan untuk melakukan sesuatu yang tidak sesuai dengan yang diajarkan dalam keluarga begitu juga dengan lingkungan sangat mempengaruhi pembentukan pola-pola kepribadian maupun pola-pola sikapnya. Ketika orang tua tidak memberikan kasih sayang kepada anak sejak kecil yang seharusnya diterima oleh anak dan ketika orang tua gagal memberikan kasih sayang kepada anak, maka anak tidak dapat bertumbuh dengan baik dan di sekolah pun anak tidak aktif dalam mengikuti pengajaran. Hal yang lainnya ialah, mereka bertumbuh menjadi anak-anak yang pemalu dan takut untuk tampil didepan umum, juga kurang percaya diri, menganggap diri kurang mampu, tidak hanya di sekolah namun di lingkungan juga.  Peristiwa lainnya ialah ketika orang tua tidak terlalu mementingkan pertumbuhan anak, maka akan membuat anak sulit mengikuti pengajaran yang baik di sekolah. Kasus-kasus di atas, adalah akibat kurangnya pastoral konseling terhadap anak pada usia 5-12 tahun sehingga berdampak pembentukan karakter dan emosi yang kurang baik. Oleh sebab itu guru diharapkan mampu untuk mengerti pastoral konseling dengan benar dan menjalankannya didalam pengajaran tiap-tiap hari yang dilakukan seorang guru di sekolah, karena pastoral konseling terhadap anak yang benar akan mempengaruhi kecerdasan anak dan anak dapat merasakan kasih sayang atau perhatian yang seharusnya mereka dapatkan dari orang tua.   Children in this world really need guidance from parents which is done with the love of family, especially guidance from parents. With proper guidance and affection, a child will grow into a joy for parents, a blessing to the world, and a bright light for God. The influence of the family or also the teacher who teaches them at school for children's development is very large. Because the teacher is also the main place for the formation of character, character, and personality of children in school. With the help and encouragement from family, friends, and members of extended families, children should feel childhood as a time to find the person who is desired by God. But the state of this world is not always as expected. Today's world gives children the ease of doing things that are not in accordance with what is taught in the family as well as the environment greatly influencing the formation of personality patterns and patterns of attitude. When parents do not give love to children since childhood which should be accepted by children and when parents fail to give love to children, then the child cannot grow properly and even in school the child is not active in following teaching. The other thing is, they grow up to be shy children who are afraid to appear in public, also lack of confidence, consider themselves less capable, not only in school but also in the environment. Other events are when parents are not too concerned with the child's growth, it will make it difficult for children to follow good teaching in school. The cases above, are due to the lack of pastoral counseling of children at the age of 5-12 years, which results in the formation of character and emotions that are not good. Therefore teachers are expected to be able to understand pastoral counseling correctly and carry it out in teaching every day that is done by a teacher at school, because pastoral counseling to the right child will affect the intelligence of children and children can feel the love or attention they should get from parents.

scholarly journals THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE

2017 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Hanuring Ayu Ardhani Putri
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Right To Life ◽  
Criminal Sanctions ◽  
The Family ◽  
Health Expert ◽  
The Republic ◽  
The Right ◽  
Health Experts

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

scholarly journals Domestic Violence against Women in Turkey, What Did Women Say?

2016 ◽  
Vol 1 (1) ◽  
Keyword(s):  
Domestic Violence ◽  
Violence Prevention ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Small Scale ◽  
Economic Problems ◽  
Desire To Have Children ◽  
The Family ◽  
The Right

The present study presents the findings about domestic violence women experienced by their husbands in 2015 in Turkey. A total of 50 women between the ages of 18 and 50 participated in the study. They answered the questions about physical, psychological, and sexual violence which they experienced by their husbands, on social media. The findings of the study have shown that all participants have been exposed to physical, psychological or sexual violence at least once. Various risk factors related to violence against women have attracted attention: alcohol; the idea of that men have the right to control women; men’s excessive instinct of aggression; insufficiency emotion that the men contain within their personality (men’s excessive instinct of inferiority); insufficient education intended for avoiding violence during the school years and in family and the perception of violence as a sign of male superiority. However, women have explained their reasons to accept violence as their lack of economic freedom and the family’s economic problems, their desire to have children and to maintain the integrity of the family by following the customs and traditions. It has been observed that women react to violence by responding to their husbands with physical violence, leaving the environment, trying to forget the violence by concentrating on different activities and accepting violence. The data of the study revealed that none of the women who are subjected to violence have reported violence and thought to get help from any official institutions. The necessity of violence prevention policies, the importance of early intervention of harassment and violence experienced in childhood and educations about violence have been discussed. The data collected in the present study is intended to contribute to the studies conducted to prevent violence against women and to create a positive change even if on a small scale.

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