Moscow, Russian Federation
Domestic violence has a devastating effect not only on direct victims, but also on children who witness acts of aggression. Nevertheless, Russian criminal law still does not provide for the direct recognition of minors as victims if violence occurs only in their presence, without direct encroachment on the child. The analysis of modern legislation and law enforcement of the Russian Federation in the field of protection of children from violence in the family and household sphere is carried out. Gaps in legal regulation and law enforcement practice related to the lack of victim status of a child witness to violence have been identified. Based on the comparative experience of post — Soviet countries and international standards, the need for legislative recognition of the psychological harm inflicted on child witnesses of violence in the family and household sphere is substantiated. The article suggests ways to improve the criminal law and the practice of its application to ensure effective protection of the rights and interests of minors in such situations.
domestic violence, minors, witness, protection of children's rights, psychological violence
1. Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul, 11.V.2011) // URL: https://rm.coe.int/168046253f
2. Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (adopted by ECOSOC resolution 2005/20 of July 22, 2005) // URL: https://www.un.org/ru/documents/decl_conv/conventions/guidelines_justice_inv_child.shtml
3. Convention on the Rights of the Child (approved by the UN General Assembly on November 20, 1989) (entered into force for the USSR on September 15, 1990) // URL: https://www.consultant.ru/document/cons_doc_LAW_9959/
4. The Law of the Republic of Armenia dated May 3, 2024 No. ZR-169 «On Amendments and Additions to the Law «On the Prevention of Domestic Violence, Protection of Persons Subjected to Domestic Violence, and Restoration of Solidarity in the Family» // URL: https://base.spinform.ru/show_doc.fwx/show_doc.fwx?rgn=159294
5. Draft Law No. 1183390-6 «On the prevention of domestic violence» // URL: https://sozd.duma.gov.ru/bill/1183390-6
6. Interview of the Chairman of the Investigative Committee of Russia to the TASU news agency // URL: https://sledcom.ru/press/interview/item/1967409
7. Kravchuk N. V. Children and domestic violence: not only victims, not only criminal proceedings // International justice. 2023. No. 3 (47). P. 88–111.
8. Kharlamov V. S. Devictimization of children in family relations // Social services for families and children: a scientific and methodological collection. 2019. No. 18. P. 31–38.
9. Stefan A.V. Violence against minors in the family: criminal law and criminological aspects: based on the materials of the Ural Federal District: abstract of the diss. ... candidate of legal sciences. Chelyabinsk, 2011.
