LEGAL MODELS FOR COMBATING DOMESTIC VIOLENCE

Аннотация

This study analyzes the concepts of various legal models for combating domestic violence and their practical significance. The author studies the criminal justice model, civil law model, public health model, and restorative justice model, describing their role and effectiveness in eliminating domestic violence. Each model is based on different theoretical approaches and practical methods, and due attention is paid to specific aspects of domestic violence. This study shows how each model affects the legal process and the possibilities of achieving effective results by complementing each other. Keywords: criminal justice model, civil justice model, public health model, restorative justice model. By the end of the last century, the fight against domestic violence had entered a new phase, influenced by various political and social events. To date, various legal models have been formed in legal practice and literature around the world to combat domestic violence. These models are based on various theoretical and doctrinal views and represent a system ranging from the content of domestic violence to the mechanism for combating it. The content and structure of these models cover the phenomenon of domestic violence in different contexts and criteria and do not present a single picture, but rather complement each other and help achieve overall effectiveness. We will consider these models below. The Criminal Justice Model focuses on combating domestic violence through criminal legal mechanisms, distinguishing it as a separate criminal offense, as well as creating separate mechanisms for prosecution, investigation and punishment in the fight against it. The scientific and theoretical literature on this model, including the scientific research of the scientist Buzawa, was devoted to the criminal-legal attitude and response, that is, to recognizing the social danger of domestic violence, distinguishing it from other forms of violence by its important features, identifying it through special socio-legal measures and punishing it more effectively[1]. The main feature of this model is that, according to it, it is necessary to investigate this act and bring the accusation to court, regardless of the victim's wishes (Prosecution Policies). This completely removes domestic violence from the sphere of privacy and family life and turns it into a socially dangerous 18 THEORETICAL ASPECTS IN THE FORMATION OF PEDAGOGICAL SCIENCES International scientific-online conference phenomenon. That is, if a domestic violence incident is detected in a healthcare process or in another form, prompt information should be transmitted to law enforcement agencies, the relevant special body or official (prosecutor) should carry out and support the state prosecution in this regard, initiate an investigation and bring it to justice. Another political and legal mechanism that makes this model attractive is the Mandatory Arrest Policies.[2] This political and legal mechanism envisages the mandatory arrest of the perpetrator in cases of clear and obvious domestic violence, thereby preventing the continuation of violence and illegal actions aimed at persuading the victim. In addition, the establishment of separate courts specifically for criminal and administrative cases related to domestic violence is also proposed within the framework of this model, which aims to overcome the traffic in the courts and the misunderstandings that the victim may face, the difficulties with evidence and proof, and other traditional and women-discriminatory phenomena. The Civil Law Model, in addition to criminal law mechanisms, provides for the recovery of damages, the issuance of protection orders, the prompt and non- violent resolution of family legal issues (housing, children, etc.), and the fight against violence through civil law[3]. It should be emphasized that this model includes not only the mechanisms of civil law in our national legal doctrine, but also the institution of violence prevention, such as a protection order. The main reason why all of this is called civil law in legal literature and foreign (mainly US) practice is that the orders are issued precisely on the basis of marital relations and other family ties, and they are not directly criminal or administrative measures. In addition, other important elements in this model include important events, actions, and facts such as divorce due to domestic violence, division of property, and discrimination against women in deciding who children should live with, taking into account their influential (relatively powerless, susceptible) social position. The Public Health Model, on the other hand, is a health-focused approach that emphasizes the harm (mental and physical) to women and children from domestic violence, and emphasizes this from a health perspective. One of the most influential scientific studies in this regard is the work of scientist Whitaker, who believes that the most important tasks in combating dom