More recently, the acclaimed law on family battles was approved and adopted in the Parliament of the Russian Federation. The scandals surrounding the project began long before its release. What is the reason for the increased attention to this normative act? The answer to this question is given in the article.
About the beatings
The main subject of the law on family battles is, no matter how hard to guess, beatings. It is this phenomenon from the point of view of law that should be considered first.
Damage to human health can be expressed in several forms. There is slight harm - a temporary violation of the functions of the human body. Minor health problems lead to human disability, which lasts, as a rule, not very long. The law even sets exact figures: if the victim was given a hospital regimen for less than three weeks, then the harm done has a degree of lung. In this case, the offender is punished under article 115 of the Criminal Code. The sanctions here are a fine of up to 40 thousand rubles or an arrest of up to 4 months.
Causing minor harm to health is different from beating. If in the first case human health was harmed, then in the case of beatings, everything is somewhat simpler. Any superficial injuries like abrasions, bruises or bruises that do not interfere with a person’s ability to work are classified as beatings. Responsibility for beating is laid in accordance with the norms of the Administrative Code of the Russian Federation.
Subjects of law
Having dealt with the subject of the law on family battles, it is worth identifying its subjects. Who can act as a victim? It is necessary to turn to the Criminal Code, which deciphers the concept of "close persons". These are spouses, parents or children, grandparents, grandchildren, as well as sisters and brothers. All these persons belong to the category of close relatives, form families.
Several years ago, lawmakers decriminalized certain types of violence. So, deliberate beatings, having the character of hooliganism, ceased to belong to the category of criminal law. Something similar happened after the adoption of the law on family beatings. But what's the point? What guided the legislators in developing the standards in question? It is necessary to deal with these issues in more detail.
Beat repetition
Supporters of the decriminalization law for family beatings never tire of repeating that their draft refers only to the first cases of violations. Moreover, such cases should be recorded. Subsequent beatings will entail criminal liability. Thus, the imposition of serious sanctions and the concept of crime did not disappear. It only moved a little in time.
The imposition of administrative responsibility is the first step towards criminal liability. So, suing a home tyrant will succeed only the second time. If the beatings are repeated systematically, then we are talking about torture - a much more serious act. For such a crime, the court can sentence the guilty person to three years in prison.
Withdrawal of conviction
After the adoption of the law on the legalization of family beatings, the cases of citizens convicted of family beatings were again referred to the court. The reason is article 10 of the Criminal Code of the Russian Federation, which provides for an improvement in the situation of the guilty person in case of adoption of new norms. So, if the case could not be initiated before the adoption of the law, but the fact of violation was recorded before criminalization, then criminal proceedings will be denied. Under article 24 of the Code of Criminal Procedure, a criminal case must be terminated if decriminalization occurs after the relevant sentence has been passed.
It is a rather complicated case when the criminal record at the time of decriminalization is not withdrawn and not paid, but the crime is committed again. There is a so-called relapse - a repetition of a violation of the law. In this case, an appeal should be submitted to the appropriate judicial authority.
What is the essence of the law on decriminalization of beatings in the family?
Why is the rule in question necessary? According to the legislators themselves, the law allows you to save a number of problem families. This is necessary, of course, to maintain normal demographic indicators. Authorities cite situations in which a single mother, raising a child for several years and allowing herself to raise her hand, fell behind bars and was limited in parental rights.
There are not so many cases of beatings to children, according to statistics. Still, not every child dares to go to the clinic on his own and remove the beatings. Cases of violence against children are silent, and if they are revealed, then at the very last moment and not without the help of unauthorized persons.
Consequences of the adoption of the law
It would seem that lawmakers could hardly have malicious intent when creating the project. Preservation of families is a good thing, it is necessary to maintain the cells of society. But can the law on family battles really help Russian citizens somehow? Most experts are sure that if it helps, it will be completely insignificant.
Lawyers believe that lawmakers thought somewhat one-sidedly. The main initiator of the project, Elena Borisovna Mizulina, in all interviews about the law, spoke only about “educational spanking,” because of which parents could lose their rights. Of course, the problem of relations of parents with children is present, it is necessary to preserve families. However, it is worth paying attention to other aspects of the law. So, cases of beating among spouses are not uncommon. For example, it will be more difficult to stop a tyrant husband from now on. And it is unlikely that mitigation of punishment for the troublemaker will help save the family.
Opinions of Russians
Despite the fact that 79% of Russians condemn any form of domestic violence, 59% of the population supported the law on family beatings. Every fifth Russian at least once raised a hand to their loved ones, and 33% of citizens admitted that domestic violence had already affected their friends and relatives. A quarter of respondents consider correctional labor to be the best form of punishment for those convicted of beating in the family. 16% support the arrest, 13% are fined, 10% advocate imprisonment. The rest of the citizens consider conditional punishment the best form of sanction.
What can be associated with such a high support by citizens of the law in question? According to experts, citizens trust the subjects of the legislative process. The notion that decriminalization of beatings will really help strengthen families is supported by the majority of the country's population. According to some citizens, delaying criminal punishment allows family members to make peace. As a result, the family remains for some time.
When will the law on family battles come into force? This issue can no longer be considered relevant: in February, the President signed the draft, and on July 1, 2017, the law began to work.
About the liability system
The Decriminalization of Family Beating Act, adopted on July 1, 2017, establishes a two-stage liability system. It is around this system that there is a lot of controversy. Olga Batalina, another initiator of the project, is sure that the law will not affect the growth of domestic violence. According to the deputy, two-stage responsibility will allow for better implementation of preventive activities in the field of offenses. If the violation is repeated, then criminal liability cannot be avoided. Thus, parliamentarians formed a system in which relapse plays a major role.
Not everyone shares the point of view of Olga Batalina and Elena Mizulina.Anna Rivina, journalist and leader of the Violence.net movement, doubts the usefulness of the project. In her opinion, fines for family beatings will be paid from the family budget, and this is unlikely to help unite the spouses. If the family tyrant does get imprisoned for 15 days, then everything can end very sadly. Most likely, the attacker will return home in an even more aggressive and embittered state.
Situation today
According to statistics, 78% of cases of domestic violence remain in the background. Only a few victims decide to turn to law enforcement for help. As of 2016, about 40 thousand people came to the Ministry of Internal Affairs, three quarters of which are women. Victims are afraid to complain or do not see the point. Most victims generally accept violence as the norm. The state to some extent supports this point of view: according to parliamentarians, the family is a closed element, and therefore it is better not to intervene.
The number of cases of violence depends on the regions of the country. So, in 2015, the work "Violence in the Families of the Northwest District" was published. More than half of the respondents admitted that they had been beaten. More often than others, women suffer, then children and the elderly. Men among the victims are only 2%.
Is there an alternative to the law?
A considerable part of specialists in the field of law states one thing: the normative act on decriminalization of beatings requires substantial improvement. Unfortunately, Russian citizens do not immediately talk about their problems in the relevant authorities. Family members prefer to remain silent until the rapist crosses the line. In addition, collecting evidence of beatings is often quite difficult. What threatens the law on family battles? The question is very complicated, so you should pay attention to possible alternatives.
Lawmakers should remember that any family will be healthier and stronger due to the creation of positive factors, rather than maintaining negative ones. Improving living standards, social security, rising salaries, modernizing educational or medical services, cultural education - all this is guaranteed to help the development of families. Mizulina’s law on family battles is hardly equivalent to the listed factors. This is a peculiar and very controversial project, which can cause a lot of trouble.