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Criminal Code of domestic violence. Domestic violence against women as a social problem. Help Center for Victims of Domestic Violence. Domestic violence against women

The work of the State Duma is striking in its thoughtfulness and efficiency: barely in the summer the “law on spanking” was adopted - amendments to the Criminal Code, providing for criminal liability for domestic violence, when in January the new legislators adopted in the first reading a law on the decriminalization of beatings by relatives. To hit or not to hit, that is the question... Let's figure it out!

Were you beaten or not beaten?

The main sign of beating is that you are experiencing physical pain, but your health is not even slightly harmed. The beating may leave minor bruises, scratches, abrasions, but there may be no traces at all that could be detected by an independent examination.

Surprisingly, in Soviet times such an unpleasant physical effect law enforcement agencies virtually ignored. In 2005, the Constitutional Court even issued a special resolution obliging prosecutors, investigators, and interrogators to investigate cases of beatings.

A seemingly useful resolution turned into unforeseen complications: in Russia, for domestic crimes, dangerous life and health of victims, 140 thousand people are convicted every year. And then their ranks were suddenly replenished by hot young men who had quarreled at a disco over a girl’s favor; road accident participants who are overly upset by the condition of their vehicles; neighbors, concerned about the exact boundaries of their plots... in a word, all citizens who were unable to restrain their emotions and resorted to assault.

"Spanking Law." Is he talking about spankings?

In 2016, from January to June, the State Duma considered and then submitted a new Federal law No. 953369-6 “On amendments to the Criminal Code Russian Federation and the Criminal Procedure Code of the Russian Federation on improving the grounds and procedure for exemption from criminal liability.” In general, the goal of the work was to decriminalize minor crimes that did not cause significant harm to citizens and society. Among other things, amendments were made to Article No. 116 of the Criminal Code “Beatings”.

For the first time, a citizen who resorted to assault was decided to be fined (from 5 thousand to 30 thousand rubles), or subjected to administrative arrest for a period of 10 to 15 days, or forced to perform compulsory labor - from 60 to 120 hours. An exception is made for cases when the beatings were inflicted not out of “suddenly arisen personal hostility”, but from hooligan motives, or for national, religious and other reasons that can be considered extremist - when, as in the joke, “they hit you in the face, not according to your passport."

New in 2016 - relatives were added to the extremist hooligans: spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren, guardians, trustees, as well as persons who are members of property with the person who committed the act provided for in this article, or persons conducting a common household with him.

In this case, legislators provided the following types of punishment: compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for up to two years. And this is very, very much - two years in prison for beating, for example, a common-law wife, which did not even cause a scratch.

If anyone is interested in how it was in the State Duma, we’ll tell you: the “Fair Russia” faction voted against it. Well, if this is important to you.

For a slap in jail? Where is the logic?

In fact, there was logic. Let's take a break from pugnacious nationalists and football fans. In the case when the beating is inflicted by a stranger, both the victim and the offender are participants in a random conflict. The likelihood that they will encounter the same circumstances again is low. The victim will not hesitate to blame the attacker. A fine (especially the maximum, 30 thousand rubles) can bring a novice hooligan to reason. The victim will try to avoid dubious companies in the future and next time he will turn to the police for help before the conflict reaches its peak.

A victim of domestic violence is obviously in a more unfavorable situation: there is nowhere to run, it is a shame to complain, the fine will be paid from the family budget. And most importantly, the angry offender will return home again, and it is unknown when he will again raise his hand against defenseless household members.

This reasoning seems sound as long as we look at the situation from the perspective of a potential victim. But almost every parent (some with shame, and some with conviction that they are right) will be able to recall a situation when they beat (yes, yes, beat) their own minor child. And there seemed to be a reason... And it didn’t work out any other way... And how is it that I’m going to prison for two years?

Member of the Presidential Council for Human Rights Anita Soboleva, head of the Commission on Social Rights

Instead of taking measures that will somehow help reduce the level of domestic violence in the family, we are making this system even more closed. And rapists, domestic rowdies hear this message and perceive it very well: they understand that it is possible, that the authorities encourage it, and that it turns out that not only is it not shameful, but there is even such a traditional value that they, it turns out, keepers of the hearth, support the family and family values. That is, they were given carte blanche: instead of condemning and saying that this was shameful, they were told - well done, let’s continue, teach your wife buckwheat porridge cook...

Bring it all back!

The public outcry was not particularly violent. On the popular website change.org you can find six petitions to repeal the “anti-family law” - one of them was initiated by Novosibirsk resident Mikhail Shmatkov, and it collected just over a thousand signatures. However, the rest are not much more popular; Probably, the majority of residents of our country still did not believe that someone would be imprisoned for two years for a “slap.” Indeed, according to statistics presented by opponents of the law, 52% of residents of our country from time to time practice light corporal punishment of children.

However, the Duma party faction " United Russia“introduced a new bill that repeals the very remark in Article 116 of the Criminal Code, which states that even a single beating by family members is already a criminal offense. Domestic beatings will again be brought into the realm of administrative offenses, the punishment for which is a fine. The bill has now passed its first reading in the State Duma.

This time the bill was opposed by the communists. They propose to consider beating children, pregnant women, and household members “in a helpless state” a criminal offense.

Despite the general humanity of the communist amendments, they still cause bewilderment. After all, with them, the “law on spanking” (the inadmissibility of physical influence on minors) will remain the “law on spanking,” but there will be an unambiguous message to the general public: beating your wife, of course, is not good, but for five thousand you can do a little.

Children's Ombudsman of Moscow Evgeniy Bunimovich

Everyone must understand that neither children, nor women, nor men, nor old people should be beaten - there can be no questions here. All the talk about beating children as a form of discipline is all from some kind of late Middle Ages and this is unacceptable. I believe that punishment should be the same both in the family and outside the family, and if today such an incident outside the family is classified as an administrative violation, then perhaps in the family it can be regarded the same...

Administrative punishment is also a punishment

Loud newspaper headlines screaming that the State Duma has given carte blanche to domestic tyrants and rapists is, of course, some exaggeration. Firstly (and this would be a good thing for those who like to spank children to remember) administrative punishment is provided only for the first offense. If a citizen is accused of assault for the second time, then the punishment is toughened: a fine (up to forty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months), or compulsory labor for a period of up to two hundred and forty hours, or correctional labor for a period of up to six months, or arrest for up to three months.

If beatings are inflicted regularly, then this is already Article No. 117 “Torture”, with a punishment of up to three years in prison.

Member of the Public Expert Council under the Commissioner for Human Rights Maria Arbatova.

Our country is completely unequipped in terms of domestic violence. We have a brilliant crisis center in Moscow, but such centers should be located in all areas of the city, and not just on Dubki Street. And in the provinces, beating is the norm. In addition, the psychological nature of this situation is absolutely not taken into account here, because a person before and after torture is two different people. Violence, even one time, can break a weak person and make him a potential victim, and he will never complain...

We understand that the advice “if you or your child is subjected to violence, go to the police, write a statement about torture, get a criminal case initiated” is a shocker. Victims of domestic violence are usually unable to resist their abusers. But still, if this problem concerns you directly, call, for example, the 24-hour phone number of the Non-Governmental Center for Support of Families and Children “Together”. Since 2015, a project to support women victims of domestic violence “You are not alone” has been implemented here. Remember the number: 2-911-066. We checked - they are in touch.

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February 7, 2017 by the President amendments to Article 116 of the Criminal Code of the Russian Federation. According to them, the mention of “close persons” was removed from this article, as one of the special categories for which, under this article, a more severe punishment was envisaged than for other citizens (i.e., not “close ones”). Thus, the 2016 summer innovation to this article of the Criminal Code, which became scandalous and is so vehemently opposed, was canceled spoke part of civil society. She spoke out, not unreasonably fearing her anti-family focus. Yes, RVS collected more than more than 200 thousand signatures against biased treatment of “close persons.”

Article 116 of the Criminal Code of the Russian Federation as a battlefield for family rights

But a number of bloggers raised hysterics that after this February decriminalization of Article 116 in relation to “close persons”, Russia will be overwhelmed by a wave of family violence, senseless and merciless: parents will begin to spank their children for no reason, husbands will beat and abuse their wives... And a groan will go across Rus' .

They gave examples of family abuse, threatened the “flogged” generation, and damned the RVS activists. So I wanted to throw away the keyboard and start asking for forgiveness from the Almighty and begging him to return the previous version of Law 116 of the Criminal Code of the Russian Federation.

But cases emerged from consciousness with the return of children taken from parents who were not deprived parental rights. Many years of struggle against laws that allow gross intrusion into family affairs. These bloggers don’t take any of this into account. Moreover, they speak out decisively, even aggressively. And here they are either very ignorant of this problem (people who are politically active and patriotically determined), or, on the contrary, it is clear to them as daylight that all these anti-family innovations, in fact, bring peace to families.

What does Article 116 of the Criminal Code of the Russian Federation prescribe?

Let's dig a little deeper into the article. 116 of the Criminal Code of the Russian Federation.

This article provides penalties for “beatings or other violent acts that caused physical pain, but did not entail the consequences specified in Article 115...". In the article 115 of the Criminal Code of the Russian Federation(“Minor bodily injury”) these consequences are defined as “ ...causing minor harm to health, causing short-term health disorder or minor permanent loss of general ability to work...».

The beating may leave marks on the victim’s body (abrasions, scratches, bruises, small wounds, etc.) and may not leave any. And if the beatings do not leave behind objective traces, then the fact of beatings is established on the basis of non-medical data. In addition to beatings, Art. 116 also punishes other violent actions: wringing and twisting of hands, pinching, squeezing body parts, tying, pinching skin, tearing out clumps of hair, etc. The main thing is that the victim has physical pain, without which the article does not apply.

Experts also remind that if beatings cause harm to health (severe, moderate or light), then such actions are assessed as causing harm to health of the corresponding severity (Articles 111, 112, etc.). And beatings should also be distinguished from torture committed through systematic beatings (Article 117): here we are talking about several acts of beating, separated in time. Beatings presuppose a coincidence in time of blows inflicted on the victim.

Judicial practice under Article 116 of the Criminal Code of the Russian Federation

Let's consider cases from judicial practice, in order to better assess the degree of danger of offenses under Article 116 of the Criminal Code of the Russian Federation, the punishment for which has now been partially transferred to administrative code. Eat selection in such cases.

Having studied them, we understand that beatings are almost always committed during a quarrel and more often while drunk. When sober, the offense is somewhat milder, but when drunk, it is more dangerous. Typical cases here are as follows: several blows to the face and body.
Some examples of hitting while intoxicated.

Additional actions to these are possible when:
- they grab your hair,
- squeeze the neck
- poked with a kitchen knife, causing an abrasion,
- pushed against furniture
- pushed to the floor
- hit with a stick.

There are easier cases when hit once out of jealousy, and heavier, with multiple blows.

When sober, actions are, on average, easier. Limit 2-3 blows to the face and body. Sometimes with the palm of your hand.
He sat on his wife and hit her on the cheeks. Two strikes for hostility. Several blows to the sister's body during an argument.
2 palm strikes. Hit him on the back and grabbed him by the neck. Meet and spaced throughout the day.

It is clear that Article 116 is the easiest. As stated above, it corresponds to the case of beatings with physical pain, but without loss of health, and those that are not repeated from time to time. It can be seen that they often arise as a result of an outburst of anger, hostility, etc. (especially between “close” people). But we don’t have Domostroy, and anyone who beats a loved one will be punished. Often the culprit himself repents of his actions. And we note that during the proceedings, victims often themselves ask to drop the case (in the summer version of Article 116, it was impossible to drop a case against a loved one).

Judicial practice under Article 117 of the Criminal Code of the Russian Federation

To feel the difference from a crime under the article 117 of the Criminal Code of the Russian Federation(“Torture”) you can see several cases from practice in this article.

« In order to family conflict could fall into the category of domestic violence, it is necessary to have at least one repetition of a situation involving the use of violent methods by one of the partners. If the conflict is local and isolated, the violence is systematic - domestic violence consists of incidents following one another».

So, “systematicity” - a marker of domestic violence - is provided for by Article 117 of the Criminal Code of the Russian Federation, and not 116, which punishes “conflict”. Accordingly, transferring the punishment for this article from criminal to administrative cannot affect the number of people convicted of domestic violence.

Yuri Kostyushin, RVS.

The State Duma adopted a law decriminalizing domestic beatings. According to the new law, beatings against close relatives are removed from the category of criminal offenses if they are recorded for the first time. Battery means actions that caused physical pain, but did not lead to short-term health problems or loss of ability to work.

Moskovsky Komsomolets writes that beating close relatives will only result in administrative punishment: a fine, arrest for 15 days or correctional labor. And criminal liability will arise only if someone who has already received an administrative penalty once beats a relative again. Meanwhile, according to the Ministry of Internal Affairs, every 40 minutes one woman suffers from domestic violence in Russia. About 40% of serious crimes are committed within the family. Every tenth murder occurs in a family. And over 9 months of last year, more than five hundred women and 56 children died at the hands of family members. With all this, the authors of the amendments appeal to the undesirability of interference in family affairs. And they cite as an argument numerous cases in which a beaten wife took a statement from the police (“What a kind word: beating.”).

Moskovsky Komsomolets also cites the opinion famous people about the new law on domestic violence. In particular, the newspaper publishes reflections on this matter by the singer Valeria, whose sad history of relationships with ex-husband The whole country knows Alexander Shulgin: “Parliament, the upper and lower houses, must work exclusively in the interests of society. Let us do as Switzerland does. This is a small country, but all laws and proposals are put to a referendum. Yes, it will take time, but that's okay. Let's vote for the innovation of our deputies: for or against. And it looks very funny. One person says what he proposes, but there are still several million people around who think differently. Deputies always propose rules that they themselves cannot live by. Mrs. Mizulina was lucky in her life that she did not encounter violence, but what should those who have a different life do?” A teacher at the Russian State University for the Humanities, Candidate of Economic Sciences Maria Andreeva told the publication about the procedure for trial of cases of domestic violence: “Before the amendments to Article 116 of the Criminal Code of the Russian Federation came into force, cases of domestic violence were considered as a private prosecution, conducted by magistrates’ courts. Victims had to collect evidence themselves. Neither the police nor the prosecutor’s office were involved in this” (“Valeria: “Mizulina was lucky that she did not experience domestic violence”).

“Domestic” beatings were removed from the Criminal Code

In the article of the Criminal Code itself, after the adoption of the law, minimal changes will occur: the words “in relation to close persons” will disappear. Previously, these words equated light assault towards household members with violence for hooligan reasons. This made it possible to punish such actions quite strictly, up to two years in prison.

The disappearance of these words in the law will make it possible to qualify mild domestic violence committed for the first time as an administrative offense. Repeated violence will in any case be regarded as a criminal offense.

As Mizulina explained to the deputies, her bill corrects the injustice that has arisen. It turns out that now violence against members of the household is punished more severely than violence against strangers. If you hit a stranger without damaging his health, this is considered an administrative offense. And if you do the same with your relative or loved one, this is already a criminal offense, the senator explained.

Explaining the meaning of the existing law (it only came into effect in 2016), she used the phrase “spanking law.” The implication is that simply spanking a child can now land a parent in jail. According to her, the worst thing is that the current law does not allow the criminal case to be terminated even after the parties have reconciled.

Mizulina said that the current law grossly interferes with the family and is part of the juvenile justice policy. She called the existing norm “a manifestation of hatred towards the family.” According to the parliamentarian, parents throughout the country opposed the current practice. According to a member of the Federation Council, this does not mean that they advocate domestic violence - people simply defend traditional values.

The senator recalled that any serious harm to health will still be classified under the criminal code.

The bill caused a debate among deputies. Many have expressed concern that decriminalizing battery will fuel domestic violence. For example, United Russia member Oksana Pushkina recalled that in Russia every year 600 thousand women are subjected to violence at home, and every third suffers from it regularly (Mizulina denied these figures). Spravedlivoross Oleg Nilov called for separating the juvenile issue and the issue of domestic violence. According to him, raising children with spanks and drunken beating of relatives should be considered separately. Sergei Ivanov from the LDPR asked for information: has at least one person been convicted of spanking a child? They could not give him such examples.

The bill was passed almost unanimously, with one deputy voting against and one abstaining.

The law on the decriminalization of battery came into force

Photo by Anna Nevolina

On February 7, 2017, President Vladimir Putin signed a law decriminalizing beatings. According to the document, if beatings of close relatives are committed for the first time, they are transferred from the category of criminal offenses to the category of administrative offenses, which are punishable by a fine of 30 thousand rubles, arrest for 15 days or correctional labor.

“City News” found out what the threat of such a relaxation of legislation is.

Correcting injustice

The changes affected Article 116 of the Criminal Code. According to them, light beatings committed for the first time will become an administrative offense, and criminal punishment will be threatened only if a person commits a similar act again within a year.

The document was submitted to the lower house of parliament last November by deputies Olga Batalina, Olga Okuneva and senators Galina Karelova and Zinaida Dragunkina, Izvestia reports. According to the document, a family member who beats for the first time, but does not cause harm, will be subject to an administrative fine of 5 to 30 thousand rubles. For repeated violation - criminal punishment in the form of a fine of up to 40 thousand rubles, compulsory labor for up to 240 hours, or correctional labor for up to six months.

The reason for the adjustments was an amendment to the Criminal Code last summer, according to which the punishment for those guilty of domestic violence became stricter. Instead of a fine of 40 thousand rubles, they now face up to two years in prison. A similar punishment is now provided for those who inflicted beatings on the grounds of political or national hatred.

On February 7, 2017, Federal Law No. 8 Federal Law was published, which amends Article 116 of the Criminal Code of the Russian Federation “Battery”. Nowadays, beating close relatives and people running a joint household entails liability under administrative law. The sanctions of this article are the imposition of a fine in the amount of 5 to 30 thousand rubles, or administrative arrest for a period of 10 to 15 days, or compulsory work for a period of 60 to 120 hours.

Senator Elena Mizulina insisted on the need to amend Article 116 of the Criminal Code, stating that punishments for beatings in the family and outside it are disproportionate.

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For a spanking in the family, you can get up to two years in prison and be labeled a criminal for life; for beatings on the street, you can get a fine of up to 40 thousand rubles,” the senator said.

First deputy head of the United Russia faction in the State Duma, Andrei Isaev, said that the lower house of parliament is correcting “the injustice that exists today.” He recalled that primary beatings have been decriminalized for the majority of people. But at the same time, beatings remain criminal if they were inflicted by one of the family members.

If, let’s say, a single mother, coming home after her second job and finding drugs in her child’s nightstand, slaps him in the heat of the moment, today she is guilty under the Criminal Code. And if her son gets a black eye on the street from someone else’s uncle, then he is not a criminal at all, this is the maximum - administrative responsibility. Different penalties are provided for the same act. This does not comply with the Constitution,” Isaev said.

Strike, citizens, strike!

Photo from the editorial archive

Lawyer Yulia Koroleva is a person who knows firsthand what domestic violence is. For a long time she suffered bullying from her ex-husband, so she has an extremely negative attitude towards the Government’s decision to decriminalize beatings.

2016 - 171 criminal cases were initiated under Article 116 of the Criminal Code of the Russian Federation. After the July decriminalization, 97 criminal cases (out of 171) were opened for crimes committed against loved ones.

In 2016, the duty station of the Department of Internal Affairs of Russia in the city of Pervouralsk received more than 3,500 applications and messages from citizens regarding cases of beatings, that is, on average, 10 such messages per day are received from citizens

according to Art. 6.1.1 Code of Administrative Offenses of the Russian Federation from July 2016 to the present, 103 administrative proceedings on the facts of beatings.

The article on liability for domestic violence did not work even when it was in the Criminal Code.

So the woman came, wrote a statement to the police, and filmed the beating. What happens next? Nothing. Nobody wants to understand. Employees of the internal affairs bodies have no time for this, says Yulia. - While beatings in the family were a criminal offense, for some of the domestic tyrants it was a deterrent. Whether or not they will go to prison for beating a wife or mother is not yet known, but the very fact that they can is a deterrent. And now it turns out that you can hit and kick. Now being beaten is like crossing the road at a red light. They wag their finger and that’s it.

And one more thing: how the information is presented. After all, there is no emphasis on the fact that beatings are considered an administrative offense only the first time. How do they write? That’s it, now beatings are not a criminal offense, it’s now an administrative offense. Like, hit me, citizens, hit me.

And all this against the backdrop of the fact that many women simply do not join the police. Domostroy sits in us, fear: what about children without a father, and what about without a husband’s salary? Whether they will condemn or not is another question. How will he behave later, what if he gets even worse? And if they convict him, he will go out and kill him. And why all these fears? Because there is no psychological help service. The woman does not know where to go or who can help her. If the police had services that would sort out every complaint, delve into the details, and treat the person without formalism, the issue, perhaps, would gradually be resolved, but otherwise...

The result of the decriminalization of domestic beatings may be an increase in the number of domestic murders, because victims also have limited patience.

Next time he'll think

The Department of Internal Affairs of Pervouralsk is not so categorical. Acting head of the investigation department, police major Olga Kruglikova explains that the law came into force only for a single case of assault.

Photo by Anna Nevolina

Repeated beatings of close relatives or persons who run a common household will be qualified under Article 116 note 1, and this entails criminal liability, says Olga Aleksandrovna. - The law on the decriminalization of beatings was adopted not in order to somehow soften the punishment for domestic tyrants, but in order to give a person a chance to come to his senses: if he raised his hand to his wife or child for the first time and suffered for it, even administrative punishment, next time he will think about whether to repeat it, because further - criminal punishment. So the new law is not impunity. Bringing to administrative responsibility is also a punishment.

“Beating is considered to be the infliction of physical pain,” says Olga Kruglikova. - Even if there are no bodily injuries, but the person experienced physical pain, then this can already be qualified as beating.

According to Olga Kruglikova, the systematic beating of family members does not fall under Article 116, so it should not be written off possible increase criminal cases to “relax” the law.

If a husband regularly beats his wife, and the wife still decides to write a statement against him, then the husband will be punished under Article 117 - “Torture”, and no one has decriminalized this article.

As Olga Kruglikova says, the Department of Internal Affairs will not receive fewer applications - people have written applications and will continue to do so.

Olga Aleksandrovna believes that there is still rationality in the adoption of the new law.

If a father hit a child for educational purposes, then previously he was subject to liability under Article 116, says the police major. - The father becomes convicted, which affects not only his fate, but also the fate of his children. But if a child was hit on the street by a stranger, then the offender faced only administrative liability.

Turned around and left

Lawyer Elena Goncharova told Gorodskiye Vesti that the decriminalization of Article 116 pleased all lawyers.

Photo from personal Facebook page

In 2016, changes were made to this article, which exempted from liability strangers between whom a conflict arose that turned into assault, but did not exempt from liability citizens who raised their hands against close relatives, says Elena Ivanovna. - If a father or mother hit a child, then it was quite possible to receive criminal punishment for this. With the law of February 7, President Vladimir Putin eliminated this inequality. Now, if a single “collision” occurs between close people, this is only an administrative responsibility.

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According to Elena Goncharova, the decriminalization of Article 116 made lawyers very happy.

Sometimes situations reached the point of absurdity. Let me give you an example: if the mother and father of a child live separately, and one of them notices signs of beatings on the child, then the parent could not only write a statement to the police, but also involve the guardianship authorities. Now, in this regard, we will have a “clean” population, because the criminal component has been eliminated. And it will be much easier for us, lawyers, to communicate with clients: if there has already been a case of administrative liability for beatings, then no one will assault them again, because the second time is already a criminal offense. If you want to hit again, think, turn around and leave.

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Domestic violence

There is no concept of domestic violence as such in the Russian Criminal Code: the law does not distinguish between crimes committed against family members and strangers. Although responsibility for beatings, causing grievous harm to health and mental suffering to family members is punished much more severely. Domestic violence is qualified by Article 111 of the Criminal Code of the Russian Federation (causing grievous harm to health), Art. 112 (causing harm to health of moderate severity) and Art. from 115th to 119th.

The consequence of the distribution of this crime under several articles of the Criminal Code of the Russian Federation is the inability of the victim to correctly formulate a statement. In addition, if the victim of a crime is a child, the statement may not appear at the police station.

A correctly completed and timely application is a guarantee that domestic violence will stop. Therefore, it is very important to first consult with a good lawyer: the severity of the punishment and, ultimately, the safety of family members will depend on the accuracy of the wording and testimony as such. You can consult on questions of interest on the Pravoved.ru portal: by phone and on-line.

Legal advice on Russian legislation

Category selection

Domestic violence by sibling

Hello! I live with my brother and grandfather. My brother is unemployed, periodically drinks, beats my grandfather, humiliates me and threatens to beat me. During the next disassembly, I quietly turned on the recorder. Is it possible to attach a recording to the police statement?

Where to go if there is evidence of domestic violence?

Good evening! I am a victim of domestic violence, my partner repeatedly abused me and beat me, but there are no obvious signs of beating. I'm 5 months pregnant. Where to go?

Have a question for a lawyer?

Does my situation fall under criminal law?

I found a video from my wife where she and her lover, he is naked, she is half dressed, and my son, who is 3 years old, lay and hugged the three of them. Does this qualify as molestation?

How to protect your mother from your sister who is subjecting her to domestic violence?

Mom lives with my sister. Yesterday I found her in the hallway and with the help of the police at 22-00 my mother got into the apartment. I wrote a statement to the police. Mother was deprived of documents, pension card, keys. My sister takes the phone, changing SIM cards. She doesn’t allow me to communicate with her.

Claim for division of property in a civil marriage

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What documents are needed for domestic violence court?

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Baby stroller at the entrance

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What to do in case of domestic violence, where to turn?

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Where to go in a situation of domestic violence?

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What to do in case of domestic violence?

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Where and what to file for domestic violence cases

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Domestic violence, where to look for protection and help?

Hello, I am afraid and hiding from my husband, he is mentally insane, I don’t know who to turn to and how to prove that a person is dangerous not only for my family, but also for society

Family violence

Hello, my problem is domestic violence. Acts of violence are constantly happening. I study in another city and cannot help my mother, my sister (a drug addict) remains at home, she won’t let me live, she doesn’t want to work, she won’t let my mother home. My father.

Domestic violence, which is also called family or domestic violence, is aggressive acts repeated with increasing frequency, committed by one of the family members towards another or other relatives within the family. May manifest as physical, psychological, sexual and economic pressure to gain power and control over another or other members. According to statistical studies, domestic violence most often occurs against children, then against women, and even against pets.

So, let's look at the main points in more detail. As we have already said, domestic violence manifests itself in the family in the form of various subtypes:

It is believed that domestic violence is gender-based and biased towards aggressive actions of men towards women. This is due, first of all, to the structure of the entire society. After all, men in our country, as a rule, occupy a more socially significant role. And there is, in principle, a fairly tolerant attitude towards domestic violence against women. This is well demonstrated by the proverbs: “he who hits loves”; “Dear ones scold - they just amuse themselves.”

Symptoms of Domestic Violence

If we consider this article from the point of view of “domestic violence: how to fight?” You must first understand that you are living with a tyrant. And, although many women catch themselves thinking that everything is not entirely good in life together, admitting to yourself that a loved one is a despot is not easy. Clear signs that your chosen one is a tyrant are:

If the picture is painfully familiar, and seven or more statements fully correspond to the description of your chosen one, then you can not indulge yourself in illusions, there is a tyrant in front of you.

There are myths that girls create for themselves, trying to maintain such relationships even in the face of domestic violence. Here are the most common ones.

  1. “Everyone can be re-educated with love and patience. One day, he will wake up and realize how lucky he is to have a patient wife.” Alas, this is not about such a chosen one. He will never understand anything: neither your sacrifice, nor your efforts. For him, you are a “stupid sheep”, created entirely for his whims.
  2. “A woman is supposed to endure.” Let's be honest: there are women who are comfortable in the role of an “eternal victim.” And this is a topic for another conversation. And if you are not comfortable in the role of a punching bag, but they are actively telling you to “be patient”? It is unknown who came up with this axiom, and why to endure all this is also not clear. People probably believe that man is not the first to live and not last time. But what if there is only one?
  3. “A child needs a father, and we have a family.” Of course it is needed. And you need a family. But often children, having assimilated such life experience of relations between parents, make not very correct conclusions, repeating the scenario in their new family: both in the role of a victim and in the role of an executioner. Girls often find equally oppressive spouses. And the boys, swallowing their tears in childhood and saying that they would “never raise a hand against a woman,” begin to methodically mock their wife.

What to do and how to deal with domestic violence? Of course, many women resign themselves to the role of victim. I would still like to note that in the case of a woman, this is still not always an understandable, but partially conscious choice. In such a family, as noted earlier, children always suffer. And it's not their choice.


Possible consequences

Although, the topic of domestic violence against children is even more complex in our everyday life. What actions can be attributed to it? The spanking of a mother who punishes for “getting involved with bad company” or the absolute freedom of action of another who is happy that the child “went for a longer walk”? From the point of view of the law - both. And from a practical point of view? Which of us is ready to call the law enforcement agencies, seeing that a pretty-looking mother is hitting her baby on the soft spot for some offense? Or because the child is not always supervised? Practically no one. What is the reason? In a tolerant attitude towards domestic violence. But the consequences of such actions can be very sad:

Although the State Duma, when defining responsibility for various types of violence, Article of the Criminal Code of the Russian Federation of 2017 (No. 116) excluded “beatings against loved ones” from the list of criminal offenses and provided for administrative liability. The only exceptions will be cases of relapse and more serious physical injuries than bruises.

On the one hand, the law only made amendments, equalizing liability with cases involving strangers. On the other hand, it caused absolutely contradictory opinions. Some opponents are happy, declaring that any bruise on a child’s body could, if desired, be used to harm his parents. Others, following the example of the Council of Europe, are ready to agree that Russia has allowed “fighting in the family with impunity.” Some psychologists argue that the lighter responsibility provided removes the psychological barrier for the tyrant. But it is worth noting that any law and any degree of responsibility in the event of current law. And, according to statistics, the law practically did not work: few people dared to punish their domestic despot with criminal prosecution. Other people preferred not to interfere in family affairs.

This topic is very controversial not only for Russian society. Films about domestic violence against children are a favorite theme in the cinema of many countries. The Oscar-winning “Forest Gump” touches, among other things, on the topic of the rape of the hero’s main girlfriend and her life’s ordeals caused by this incident. The film “Treasure” (released in 2009) touches on the topic of not only sexual abuse of a child, but also the criminal behavior of the mother, which is often found in such cases, hiding the depraved actions of her partner, for fear of losing him.

But, one of the most plausibly cruel films on this topic is the drama “The Color Purple” (in some translations - “The Color Purple Fields”), which frankly shows not only the problem of sexual violence in the family, but also the absolute indifference, misunderstanding and intolerance of society towards like victims.

How to fight

There are also many films that deal with domestic violence against women. But in this context I would like to mention another point. We have touched only on vivid examples of violence. In general, acts of violence, unfortunately, are often present even in fairly prosperous families. They are expressed in a flash of anger and discontent, which is accompanied by verbal abuse and sometimes physical violence.

After the incident, the aggressor may even ask for forgiveness. But the problem with domestic violence is that it always follows the path of increasing tension. And, if the victim did not discuss what happened, did not set strict demands, then the violent act will definitely return, because “it was allowed to treat oneself this way.” So how can you not allow it? Or what to do if this happens? The dramas “Three Women” and “Countdown of the Drowned” highlight the problem of no less cruel revenge of such offended ladies. However, this is absolutely not the best way out of the situation: both from a moral point of view and from a legal point of view. One of best options Suggested steps to combat domestic violence include:

  • Often tyrants do not like publicity. Tell your husband's relatives about the acts of aggression;
  • Don't be afraid to speak openly with your spouse, explain that you will be forced to ask for help next time. And most importantly - fulfill what you promised, if it happens again;
  • If there is no other way out, you will have to leave. Unfortunately, this is often the only way out of the situation.

But, after leaving such a tyrant, do not forget two key points!

The first one is never go back. Tyrants often suffer when they lose their victims. They are ready to persuade her to return and claim that they will improve. According to statistics, returning women often face even more cruel treatment, but attempts to escape are stopped. Many of those who returned are seriously injured, and some even die.

Second, analyze why this happened. Tyrants do not show their essence to everyone and choose their victims very carefully. A psychologist or psychotherapist will help you figure this out. Because the problem often repeats itself. A woman, having left one despot, throws herself into another relationship with an even greater tyrant. Therefore, it is worth entering into a new relationship after understanding yourself. Otherwise, the next act of domestic violence cannot be avoided.

If you have experienced, learned about or witnessed domestic violence against women, where should you go?

Many women note that the advice of a clergyman provides them with great help. Of course, you can and should turn to a representative of the clergy for help. But it’s still worth focusing on the priest of the most accepted religion in your region. The fact is that you can easily become victims not only of a tyrant spouse, but also of swindlers posing as representatives of a new faith or religious movement. For in beautiful words there is a simple thirst for profit. And, if it seems to you that there is nothing to take from you, they, looking at the situation from the outside, may have a completely different opinion.

What can we say in conclusion? The problem of domestic violence is a pressing and controversial topic of our time and society. And, in addition to the specialists mentioned, it is important to begin to fight it at the level of each of us: do not turn away from loved ones and acquaintances who are faced with such cases and stop enduring it yourself, making children suffer. And if you don’t have the strength to “gather your courage,” turn to a psychologist or psychotherapist.