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About domestic abuse

Despite of the fact that we live in a modern advanced society domestic abuse is not a rare thing. Often it is considered to be improper to talk openly about it. And how wrong it is! The Constitution of the Republic of Kazakhstan stipulates that human dignity is inviolable; every human being has the right to protect his honor and dignity.

A person guilty of domestic abuse could be subjected to administrative liability under art. 73 of the Code of the Republic of Kazakhstan “Of administrative offenses”, and if his actions include essential elements of a criminal offense he is subjected to criminal liability according to the following articles of the Criminal Code of the Republic of Kazakhstan: art. 109 CC RK (assault), art. 110 CC RK (torture), art. 131 CC RK (criminal insult).

Legal basis of the activities of the departments for protection from domestic abuse comprises of the following legal enactments: the Universal Declaration of Human Rights and Convention on the Elimination of all Forms of Discrimination against Women, enacted by the General Assembly of the UN, the Universal Declaration of Human Rights, the Constitution of the Republic of Kazakhstan, the Criminal Code of the republic of Kazakhstan, the Code of the Republic of Kazakhstan “Of administrative offenses”, the Law of the Republic of Kazakhstan “Of domestic abuse preventive measures”, the Code of the Republic of Kazakhstan “Of marriage and family”, the Law of the Republic of Kazakhstan “Of the internal affairs bodies of the Republic of Kazakhstan” and other regulatory legal acts.

1

Types of abuse

According to art. 4 of the Law of the Republic of Kazakhstan “Of domestic abuse preventive measures”, domestic abuse can be not only physical or psychological but also sexual and/or economic.

Physical abuse is any intentional act causing injury or trauma to another person by way of bodily contact and physical cruelty.

Psychological abuse is any intentional pressure on human psyche, humiliation of human honor and dignity by means of intimidation, insults, extortion or illegal canvassing unsafe for life and health which results in mental, physical and personal derangements.

Sexual abuse is any intentional unlawful act encroaching upon physical integrity or sexual freedom of a human being, as well as sexual violence towards the minors.

Economic abuse is the intentional deprivation of someone’s housing, food, clothes, property, means he has a legal right for.

According to art. 73 of the Code of the Republic of Kazakhstan “Of administrative offenses”, unlawful acts in the sphere of family and domestic relations include obscenities, insulting molestation, humiliation, spoiling household appliances and other actions expressing disrespect for people that are in family relations with the law-breaker causing a disturbance of their peace committed in a free-standing residential building, an apartment of any other housing.

2

What to do?

If you suffer from domestic abuse, you shoul not keep it in secret. In cases of domestic abuse the victims or witnesses should appeal to the internal affairs bodies and file a petition. To protect the victims of domestic abuse the authorized bodies are legally permitted to apply individual preventive measures, as well as send the victims to the Specialized Crisis Center. To get accommodation in the crisis center you should apply to the internal affairs bodies on the numbers +7 (727) 263-36-36, +7 (727) 261-06-06 or to the local police duty officer with a domestic abuse report, or call the hot lines (for women suffered from domestic abuse – 1415).

3

What measures will the internal affairs bodies take?

To protect the victims of domestic abuse the authorized bodies are legally permitted to apply individual preventive measures.

  1. The provider of domestic abuse prevention holds a preventive conversation with a person committed domestic abuse. The main tasks of the preventive conversation are discovery of reasons and conditions for commitment of domestic violence, interpretation of the social and legal consequences of domestic abuse and persuasion of necessity of law-obedience.
  2. A restraining order is made by the head of the local police service of the internal affairs bodies or by his deputy, local police duty officer or a juvenile officer related to the guilty person above 16 years old for the moment of its delivery. The restraining order prohibits to commit domestic abuse, seek for the victim against her will, chase up, visit, conduct oral or telephone talks and come into contact with the victim in any other ways, including minor children and/or incapable members of the family. The internal affairs bodies register the person in whose respect a restraining order has been issued and exert preventive control over him. The restraining order is valid for 30 days since the moment of its delivery to the person in whose respect it has been issued. The inspection frequency is at least once a week.
  3. Administrative arrest is deprivation of liberty of a person committed domestic abuse with compulsory detention in special facilities.
  4. Compulsory measures of medical character are prescribed by the court according to the Criminal Code of the Republic of Kazakhstan in the form of compulsory outpatient treatment by a psychiatrist, compulsory treatment in the psychoneurological inpatient facility of general type, specialized type, specialized type with intensive follow-up.
  5. Setting special requirements to the law-breaker’s behavior is the administrative legal measure prescribed by the court and used along with imposition of administrative penalty or instead of it upon the release of administrative liability of a person committed the administrative offense, according to art. 22 of the Law of the Republic of Kazakhstan “Of domestic abuse prevention”.
  6. Administrative penalty is stipulated by art. 73 of the Code of the Republic of Kazakhstan “Of administrative offenses” in the form of warning or administrative arrest for three to ten days; if the crime repeats within a year after imposing of administrative punishment it will cause administrative arrest for up to ten days or a fine of 5 MCI.
  7. Deprivation or limitation of the parent’s rights according to the Code of the Republic of Kazakhstan “Of marriage and family”. Parents could be deprived of their rights if they avoid to fulfill their parental duties, including malicious evasion of payment of alimony, overuse of their parental rights, abuse of children, including physical or psychological abuse, encroaching upon their physical integrity, substance abuse (art. 75). limitation of the parental rights is considered acceptable if it is not safe for a child to stay with his parents due to reasons beyond their control arising from their behavior, but herein there are no adequate grounds to deprive the parents of their rights (art. 79).
  8. Measures of procedural coercion and security of the victims in criminal proceedings are applied in order to suppress domestic abuse comprising the essential elements of a criminal offense and to ensure security of the victim, witnesses and other participants of the criminal proceeding, members of their families and close relatives by the governmental bodies prosecuting the crime and hearing criminal proceedings.
4

Specialized crisis centers

Specialized crisis centers render assistance to those who suffered from domestic abuse, provide them with consulting psychological and legal support on a free basis, send the victims to health care facilities for medical aid if necessary, accommodate them temporarily, together with this secure complete safety and anonymity for the victims of domestic abuse. Women with children can stay in a specialized crisis center from one to six months.

Free of charge:

1. Center of social support for families “Dana”.

Consulting, psychological and legal support in the sphere of family and domestic relations.

Phone: 266-28-98.

2. Fund “Center of social psychological rehabilitation and adaptation for women and children “Rodnik”.

Divorce related conflicts, psychological consulting.

Phone: 396-19-38; 396-42-40.

3. Private Fund “Crisis center “Friends”.

Psychological consulting for victims of domestic abuse.

Phone: 298-46-77, 298-45-85.

4. Center of academic and practical psychology.

Phone: 258-20-35, 229-46-99.

5. Psychological dispensary.

Phone: 261-68-20, 272-48-32, 272-57-14

6. Hot line of the Akimat of Almaty.

Consulting on the issues of suicidal intentions.

Phone: 329-63-93.

On a paid basis:

1. Center of academic and practical psychology.

Psychocorrection.

Phone: 327-30-03 (Zinina I.M.), 292-45-99.

2. Personality development.

Phone: +7 (727) 328-87-52, 292-25-09, 387-39-59.

3. Center of psychoanalysis.

Phone: 261-63-49.

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