OBJECTIVE SIGNS OF CRIMINAL OFFENSES IN THE FAMILY AND DOMESTIC SPHERE

Abstract

The article examines criminal offenses in the family and domestic sphere, the peculiarities of their objective signs. It is indicated that these criminal offenses are placed in different sections of the Criminal Code of Ukraine, but they have similar generic objects related to criminal encroachment on social relations, which are formed in the family and household sphere and are divided into family relations and relations that ensure rights and interests of children. It is noted that the mandatory victim of these criminal offenses is one of the family members who has suffered moral, physical or property damage due to a certain criminal offense. The distribution of investigated criminal offenses by direct object was carried out. In this regard, from the objective side, encroachment on property family relations can be characterized by a violation of the right of ownership of property that belongs to another family member or is in joint ownership with him, as well as failure to provide another family member with baskets for his maintenance provided for by law or a marriage contract. The objective side of encroachments on non-property family relations is characterized by actions consisting in causing them harm by means of domestic violence, malicious failure of parents, guardians or custodians to take care of the child, substitution of the child, disclosure of the secret of adoption (adoption) and illegal adoption actions. Encroachments on relations with respect to the normal development of minors are objectively characterized by committing socially dangerous acts that harm the normal development of minors through physical, mental or spiritual violence. In some cases, the objective side of the analyzed criminal offenses contains a mandatory feature in the form of the occurrence of socially dangerous consequences (significant harm to the victim’s health, the death of a minor or other serious consequences).