COMPARATIVE ANALYSIS OF RESPONSIBILITY FOR VIOLENT CRIMINAL OFFENSES AGAINST LIFE AND HEALTH COMMITTED IN THE SPHERE OF FAMILY RELATIONS UNDER THE CRIMINAL LEGISLATION OF UKRAINE AND THE REPUBLIC OF POLAND

Abstract

The article provides a comparative analysis of the criminal legislation of Ukraine and the Republic of Poland in terms of liability for violent criminal offenses against life and health in the sphere of family relations. It is noted that the criminal legislation of each country has its own characteristics related to historical, cultural, religious, and social factors. The positive developments of the Ukrainian legal framework regarding the prevention and counteraction of domestic violence are highlighted, particular in Art. 126-1 of the Criminal Code of Ukraine, which provides for responsibility for domestic violence. The Polish Penal Code does not have an article that provides for liability for domestic violence but has several norms that protect against this type of criminal offense. Attention is drawn to the fact that Ukrainian criminal legislation has a wider range of persons who can be subjects and objects of domestic violence than Polish legislation. Both criminal laws provide for liability for violent criminal offenses against life and health, but they differ in their features. In Poland, the protection of a child’s life and health occurs from the moment of conception, while in Ukraine medical abortions are allowed up to 22 weeks of pregnancy. The Criminal Code of the Republic of Poland, in separate articles, provides for criminal liability for the use of violence against a pregnant woman or termination of pregnancy. In contrast to the Ukrainian legislation, the Polish legislation clarifies that the termination of a pregnancy can be carried out with an illegal threat, deception or any other method without her consent (Art.153), causing bodily harm to the conceived child or a health disorder that threatens her life ( Art.157a). According to the results of the analysis, a significant difference was found in the approaches of the two countries to the qualification of bodily injuries. The Criminal Code of the Republic of Poland does not divide bodily injuries by severity, as provided by the Criminal Code of Ukraine. It divides bodily injuries into two groups: causing serious harm to health (Art. 156) and violation of the functions of a body organ or health disorder (Article 157), in which only their symptoms are indicated. A comparative analysis of the current criminal legislation of Poland and Ukraine shows that both countries have made significant progress in combating crime in the field of family relations. However, this issue was resolved in different ways.