CIRCUMSTANCES TO BE ESTABLISHED DURING THE INVESTIGATION DOMESTIC VIOLENCE AGAINST PERSONS

Abstract

The article examines domestic violence as one of the most common forms of human rights violations. All family members can suffer from this illegal act, but those who cannot defend themselves are the most vulnerable: children, the elderly, and people with physical or mental disabilities. Elderly people, pensioners, disabled people and lonely people need special attention, because they are the most vulnerable category of society. Vulnerability leads not only to the violation of their constitutional rights, but also to criminal and illegal acts. In order to conduct an effective investigation, it is necessary to identify the causes and conditions that contribute to domestic violence, as well as to take specific measures to protect the rights of these persons. The purpose of the article is to determine the facts to be established during the investigation of domestic violence committed against the elderly, which allow for the formation of an evidence base and, in the future, are of decisive importance for the investigator's choice of tactics and directions for the investigation of this criminal offense. To achieve the specified goal, general scientific methods were used, such as: the method of analysis and synthesis, induction and deduction, analogies. Also, a special legal method is used to describe legal phenomena, justify the legality of the behavior of the subjects of the offense, and group the patterns of behavior of the victim and the offender. The methods of systematization and complexity of knowledge, unity of theory and practice, methods of comparison and generalization are used. The study also analyzed the psychological characteristics of an elderly person, which served as a basis for determining the range of circumstances to be proven (motive and purpose) during the investigation of domestic violence against this category of persons. We also revealed the personal characteristics of the offender. In addition, we analyzed the practice of establishing the circumstances of a criminal offense and determined the most effective action algorithms for obtaining forensic information. This scientific work is of practical importance, as it provides law enforcement officials with the knowledge and tools necessary to detect and investigate crimes of this category, especially in the early stages. This, in turn, contributes to the improvement of the crime prevention system in Ukraine.