PROBLEMS OF DIFFERENTIATION OF LEGAL RESPONSIBILITY FOR DOMESTIC VIOLENCE

Krasnov Alexander Valeryevich

The purpose of the study. The article reveals the actual aspects of differentiation of legal responsibility for offenses related to the use of domestic violence. The specifics of the legal policy of the Russian state on countering domestic violence are analyzed on the example of legislative decisions on partial decriminalization of beatings as the main type of offense in the area under consideration. The purpose of the study is to analyze the current problems of legal regulation of responsibility for domestic violence in the context of improving Russian criminal and administrative legislation. Beatings, representing an intentional offense characterized by the infliction of an indefinite number of blows, should be differentiated from causing bodily injury, since there is no violation of the anatomical integrity of the victim's body during beatings, but there are only minor, quickly (up to six days) passing consequences. Guided by stereotypes, the courts continue to require women who have become victims of domestic violence to objectively and quickly predict the reality of the risk to their lives, act «rationally» and avoid danger as soon as possible, leave their apartments or take any other actions, including choosing such methods of protection that minimize the harm caused to the attacker. The situation with domestic violence is most often not considered by judges as posing a danger to women's lives, which the courts indicate in the rulings themselves, recognizing women as exceeding self-defense.

Keywords:domestic violence, battery, administrative offense, private prosecution.