THE ORETICAL AND LEGAL ASPECTS OF COUNTERING DOMESTIC VIOLENCE IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN: PROBLEMS AND PROSPECTS

Abstract

The article offered to the readers' attention is devoted to a complex of issues of prevention of domestic violence, based on the use of tools of the legislation of the Republic of Kazakhstan. This problem is covered in a number of international legal acts and in the national legislation of the Republic of Kazakhstan. The article notes that the Head of State - President of the Republic of Kazakhstan K.Zh. Tokayev. Shows a close connection with the constitutional and legal foundation, measures of legislative regulation of the prevention of domestic violence.

The authors of the article, using the methodological approach of criminological science, carry out a thorough and systematic, doctrinal and legal analysis of the provisions of the Law of the Republic of Kazakhstan "On Domestic Violence", in terms of its objectives and principles, meaningful "architecture", measures to prevent domestic violence, the grounds for their application. They come to the conclusion that the existing Law of the Republic of Kazakhstan "On Domestic Violence", despite a number of its advantages, failed to create an effective organizational and legal mechanism to counter domestic violence. The authors note with concern that the coronavirus pandemic has contributed to the exacerbation of the problem of domestic violence in Kazakhstan.

The main leitmotifs of the article are a high assessment of the role of the political leadership of Kazakhstan in orienting the law enforcement system to improve the effectiveness of combating domestic violence and identifying systemic shortcomings and gaps in the legislative regulation of combating domestic violence. In this regard, the article contains original author's proposals regarding a more accurate definition of legally significant signs of domestic violence, improving the content of measures for its prevention and an algorithm for their application, which deserves the attention of the legislator and law enforcement practice. The article contains conclusions and provisions that are important for the development of domestic criminology and tortology in the aspect of preventing domestic violence.