COMPARATIVE LEGAL ANALYSIS OF ADMINISTRATIVE LEGAL MEASURES FOR PREVENTION OF DOMESTIC VIOLENCE (EXPERIENCE OF KAZAKHSTAN AND RUSSIA)

Abstract

This article contains a comparative legal analysis of administrative legislation, strategic documents and the activities of subjects of prevention of domestic (home) violence of the Republic of Kazakhstan and  Russian Federation. The authors determined the importance and role of key legal acts, documents and programs that govern the mechanism of protection of the institution of the family in the Republic of Kazakhstan and  Russian Federation. During the analysis, the authors studied the experience of the United States of America, Canada, Moldova, the Russian Federation, the Kyrgyz Republic and several other states. Based on the analysis, the authors concluded that the problem of domestic violence in these states is given special attention, however, despite the many legal acts and entities that support and protect a family, the problem of preventing family conflicts remains the most urgent. In this connection, in this article, the authors identified the main reasons for the low effectiveness of preventive measures and proposed legislative solutions. One of the main problems in the prevention of domestic (home) violence is not the effectiveness of individual preventive measures. Six basic measures for the prevention of offenses (protective order, establishment of special requirements, administrative detention, reconciliation of the parties, correctional programs, early prevention) in the field of domestic violence requiring updating have been identified. For each of them, ways of legislative amendments and improving the law enforcement practice of the internal affairs bodies are proposed. According to the authors, preventive measures should be comprehensive and systemic in nature, the effectiveness of which depends more on the interaction of all authorized bodies in the field of domestic violence prevention.