Volume 03 Issue 05-2023
4
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
04-09
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article analyzes the opinions and opinions of scientists about the concept of domestic violence and its types, and
gives relevant recommendations for improving the theory. In the process of writing the article, general scientific
methods were used: functional approach, logical, systematic, historical, comparative-legal, statistical, sociological
surveys.
KEYWORDS
Family, violence, prevention, juvenile, physical, mental, aggression, delinquency, crime, prevention.
INTRODUCTION
Domestic violence is one of the main problems in any
society and state. For a state with a developed civil
society, where the preservation and support of the
institution of the family are prioritized, and where
moral and cultural values take precedence, the rights
and interests of each family member are respected.
Official statistics on child sexual abuse are difficult to
obtain, but according to some studies, child abuse is
the most common form of sexual abuse. The Council of
Europe is running the "One in Five" campaign based on
data indicating that one in five children in Europe
experience some form of sexual or other violence,
often within the family.
The rise in crime is closely related to domestic violence,
as it leads to the psychological destruction of
individuals from childhood within the family
Research Article
THE CONCEPT, ESSENCE AND MODERN FEATURES OF THE TERM
"DOMESTIC VIOLENCE"
Submission Date:
May 07, 2023,
Accepted Date:
April 12, 2023,
Published Date:
May 17, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue05-02
Niyozova Salomat Saparovna
Professor Of The Department Of Criminal Law, Criminology And Anti-Corruption Tashkent State University Of
Law, Doctor Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 05-2023
5
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
04-09
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
environment. Sadly, sometimes the home can be a
more dangerous place than the streets. The likelihood
of injury is high within one's own home, where a
person feels safe among familiar and loved ones. This
includes actual physical harm, the threat of physical
harm, sexual coercion, and other examples of
domestic violence, such as partner violence, spousal
abuse, and child abuse.
The high level of violent crime within families highlights
the insufficient effectiveness of scientific and
criminological support for preventive tactics. It also
draws attention to the lack of focus from the scientific
community on this problem and the under
implementation
of
proposals
developed
by
researchers who have conducted specific studies in
this area.
Domestic violence, like an epidemic, does not
discriminate against any particular social or ethnic
group; it exists in families across different segments of
the population. The problem of domestic violence is a
dynamic and growing area of concern not only in
foreign countries but also in the Republic of
Uzbekistan. This negative phenomenon requires a
unique approach, as it represents a complex social
issue that reflects common crime patterns and their
changes. Domestic violence as a subsystem of all crime
exhibits noticeable specificity due to the social
significance of the interaction among family members.
Families where violence prevails or is a common
occurrence are at risk. Children who grow up in such
families
may
become
victims,
experiencing
psychological trauma, or they may become
perpetrators themselves, posing a threat to their loved
ones and society. They may commit acts of revenge
against their parents, who are the cause of their
psychological and physical trauma. The growth of
homelessness and neglect also contributes to violence,
and this process can escalate and develop more rapidly
than other areas of crime.
The relevance of criminological prevention of domestic
violence lies in the fact that such criminal acts extend
beyond mere morality. The home, where relatives live,
becomes the scene of the crime, and the offender is
someone close. Therefore, it can be concluded that
domestic violence leads to significant public
consequences that extend beyond the scope of
criminal law, affecting the overall moral and
psychological climate of society.
When interpreting such a phenomenon as domestic
violence, one should clearly define the essence and
significance of violence not only in the family, but in
society as a whole and its subjects. Emphasizing these
issues among the many, we must find a more
promising approach to this phenomenon, the concept
of the destructive and constructive beginning of
violence, so we can comprehensively consider from the
standpoint of an asocial and social phenomenon.
Proponents of the constructive beginning of violence
note "the positive qualities of any violence, which lie in
the fact that it is aimed precisely at eliminating the
causes that gave rise to it, and seeks to eliminate them
". I.L.Petin sees the creative role of violence in this.
Identifying violence with crime, D.L.Lee believed that
crime is a useful phenomenon, as it is necessary for the
normal evolution of morality and law. This can be
characterized as follows, considering crime as a
subsystem of society, the author suggests that, thus,
disharmony, instability and chaos in the underworld
will ultimately lead to social integrity. This means that
crime acts as a kind of necessary evil, thanks to which
Volume 03 Issue 05-2023
6
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
05
Pages:
04-09
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
society can understand the essence and meaning of
good .
The term "domestic violence" in the modern world
does not have a single and fundamental definition
either in the legislative framework or in the scientific
field. Domestic violence as an antisocial phenomenon
is still being studied by specialists in various fields:
sociology , pedagogy , psychology , medicine ,
jurisprudence .
Analyzing the concept of “domestic violence”, we
studied various interpretations, as well as the
replacement of this term with other similar terms,
which, in turn, have differences. So, there are several
concepts of "family violence", "domestic violence",
"domestic violence".
The term "domestic violence" was introduced in 1983
by the National Association of Social Workers. It
encompasses a cycle of repeated abuse, including
physical, verbal, spiritual, and economic forms, with
the aim of control, intimidation, and instilling fear.
Given the broad aspect of this term, it indicates that
violence can be inflicted on individuals beyond family
members. The key word in this term is "home,"
referring to the house or living space and the people
residing in it. Based on this definition, we can conclude
that the victim can be both family members and other
individuals who are part of the relationships developed
within
the
household.
Therefore,
the
main
characteristic is the location where the violent act
occurred, serving as a territorial feature.
Another perspective to consider is that of A.N. Fateev,
who sought to merge the concepts of "domestic
violence" and "family violence." According to Fateev,
domestic violence encompasses a range of behaviors,
both
legally
punishable
and
administratively
punishable acts, as well as behaviors that may not be
formally considered offenses but conflict with
accepted standards of behavior within the family.
These behaviors serve as precursors to familial violent
crimes ”.
Having studied this definition, we can
say the following: according to A.N. Fateev, “domestic
violence”
is
a
criminally
punishable
and
administratively punishable act, which means that this
gives a big impetus to the need to expand the range of
acts qualified as violence. According to him, domestic
violence is contrary to the generally accepted behavior
in the family, which means that the state must take
control of the atmosphere in each family in order to
prevent the destruction of the main unit of society, like
the family, otherwise, this can lead to faulty
consequences, such as an increase in crime. minors,
not to mention mental trauma.
There is also the term "domestic violence" and
"domestic violence" . The key feature is the word "life".
“Life is a common way of life, everyday life”, or, as L.M.
Arkhangelsky defines it, “part of the non
-productive
sphere, which is associated with personal consumption
of material and spir
itual goods” .
T.N.Grigoryeva also speaks about the features of the
absorption of family relations by household ones .
Thus, the actions of neighbors who live in communal
apartments can also be attributed to domestic
relations, therefore, such acts that are committed in
communal apartments, we can call domestic, by no
means family, therefore such relations will not be
considered as domestic violence.
We can characterize another direction in the
development of the definitions of “domestic violence”
as “all violent acts
of a physical, psychological and
Volume 03 Issue 05-2023
7
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
05
Pages:
04-09
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
sexual nature against women, committed on the basis
of gender, by a person or persons who are related to
them by family or close relationships, from verbal
abuse and threats to severe physical beatings,
abduction, threats of injury, intimidation, coercion,
harassment, verbal abuse, forced or unlawful entry
into a home, arson, destruction of property, sexual
assault, marital rape, violence related to dowry or bride
price. Genital mutilation, violence associated with
exploitation through prostitution, violence against
domestic workers and attempts to commit such acts
should be considered "domestic violence" .
From this we can conclude that domestic violence is a
fairly widespread phenomenon in the world and it
occurs in all strata of society. Facts that speak about
domestic violence: rude and cruel treatment against a
family member, which, in turn, is not isolated, random
and situational, but, on the contrary, systematic.
Physical, psychological (moral) violence - types of
family violence.
An amazing fact: this problem is relevant all over the
world and occurs in all segments of the population and,
despite wide publicity, there is still no clear and
generally recognized definition of domestic violence
either in the regulations of the Republic of Uzbekistan
or in scientific works.
According to E.P.Agapov, domestic violence or
domestic violence is the intentional infliction of
physical and / or psychological harm and suffering to
family members, as well as threats to commit such
acts, coercion and deprivation of personal freedom.
That is, violence is an action by which they achieve
unlimited power over a person, complete control over
his behavior, thoughts and feelings . At the same time,
analyzing the power in the family sphere, it is noted
that the right to raise a child belongs to the parents,
but the boundaries of this right are minimized .
Researcher R.G. Petrova defines domestic violence as
aggressive and hostile actions against other family
members, as a result of which the object of violence
may be harmed, injured, humiliated or die. In fact,
under domestic violence, she understands emotional
or physical abuse, as well as the threat of physical
abuse .
Therefore, we can offer our own version of the
definitions of domestic violence: domestic violence
includes not only humiliation, insults, psychological
cruelty, that is, moral harm, but also physical harm.
Domestic violence is a socially dangerous negative
phenomenon that specifically affects the level of
development of society and the state. These are
extremely cruel and antipathetic actions against family
members, mainly against women and children by a
man .
General sociological science identifies certain forms of
domestic violence, such as:
Psychological violence (isolation, humiliation, threats);
Neglect (systematic inability or refusal to provide for
the basic needs of a dependent family member in the
most necessary: food, clothing, medical care,
protection and affection).
Economic violence (forced to work, ban on work,
financial restrictions and control);
Psychological violence (isolation, humiliation, threats);
Sexual violence (compulsion to have sexual
intercourse, sexual acts against will);
Volume 03 Issue 05-2023
8
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
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05
Pages:
04-09
SJIF
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(2021:
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5.
705
)
(2023:
6.
584
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
From this list, it should be understood that domestic
violence can be carried out not only by action, but also
by inaction (neglect).
There are 3 types of family violence in the object:
1. Violence of parents over children;
2. Violence of one spouse over another;
3. Violence against elderly relatives
In terms of practice, in the Muslim world, domestic
violence is more widespread and this type of violence
is expressed vividly in the Muslim family. It is also
noticeable that men tend to commit physical and
sexual violence to a greater extent than women. We
can explain this as follows: in Muslim families, a man is
the main one, and he dominates in the family, this is
due to gender differences and mental characteristics.
The historical fact of Muslim countries confirms this
phenomenon. Not forgetting that drunken men
commit domestic violence against their wives or
children. On the other hand, such types of violence as
psychological
abuse
and
neglect
are
more
characteristic of women. They are more likely to show
aggression towards their own children than men .
Domestic violence cannot be considered as a personal
problem of one family or their members. The following
author's definition of domestic violence is proposed:
“in a general sense, domestic violence from the
standpoint of a criminal entity is the most dangerous
act that destroys the state from the inside. This
phenomenon contributes to the passive functioning
and development of society as a whole, violating the
norms of the law. Domestic violence results in physical,
mental and sexual trauma”.
Interp
retations are similar to each other as “domestic
violence” and “violent crime in the family”, which
complement each other. Domestic violence is a guilty
socially dangerous act that destroys the human
psyche, causing physical harm or sexual coercion to
one of the family members. Violent crime in the family
is a social phenomenon that has its own
systematization, manifested in the actions of the
perpetrator in the form of physical, mental, sexual
influences.
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Volume 03 Issue 05-2023
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VOLUME
03
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Pages:
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(2023:
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Publisher:
Oscar Publishing Services
Servi
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