LEGAL-COMPARATIVE ANALYSIS OF FAMILY (DOMESTIC) VIOLENCE AND INSULT

Аннотация

This article addresses the challenges in properly qualifying offenses related to family (domestic) violence and insults due to the similarities between Part 1 of Article 592 and Article 41 of the Code of Administrative Liability of the Republic of Uzbekistan. The research reveals a prevalent issue where inquiry authorities often misqualify acts of insult that occur between partners as instances of family (domestic) violence. An analysis of 150 court decisions indicates that in 120 cases, the courts found that the inquiry bodies misqualified the actions. This misqualification primarily stems from an inadequate comprehension of the object, objective aspect, and subjective aspects of family (domestic) violence. The article distinguishes between the characteristics of family (domestic) violence and insult, examining the criteria for these offenses to provide a clearer framework for their qualification. Additionally, it reviews relevant scholarly perspectives on the subject and supports the authors’ arguments with a rationale aimed at improving legal classifications and outcomes in such cases.