UNLAWFUL ACTS IN THE FIELD OF FAMILY AND DOMESTIC RELATIONS: LEGISLATIVE REGULATION AND ADMINISTRATIVE PRACTICE
Keywords:
Illegal actions, family-household relations, signs of the offense, administrative practiceAbstract
In modern conditions of reforming the administrative legislation of the Republic of Kazakhstan, it is scientifically and practically relevant to analyze the main trends in countering administrative violations against the individual. The article is devoted to the consideration of the specifics of the regulation of the administrative offense «Unlawful actions in the sphere of family and household relations» in the normative acts that acted on the territory of Kazakhstan.
To determine the current state of counteraction to this offense, the authors conducted a comparative study of the norms of the Code of the Republic of Kazakhstan «On Administrative Offenses» of January 30, 2001 and the Code of the Republic of Kazakhstan «On Administrative Offenses» of July 5, 2014. The general patterns of changes in administrative legislation in general and administrative offenses against the individual in particular are analyzed: criminalization of socially dangerous acts; changing the place of the composition of administrative offenses in the system of the Special Part of the Code; highlighting a new chapter. The object of the study is the effectiveness of countering unlawful actions in the sphere of family and household relations on the basis of an analysis of domestic administrative practices for the period 2015-2018. The subject of the study is the composition of the administrative offense «Unlawful actions in the sphere of family and household relations». The aim of the study is to develop an effective model for countering unlawful actions in the sphere of family and household relations on the basis of an analysis of the patterns of establishment and legal regulation of this composition of the offense, the prevailing administrative practice. Given the interdisciplinary nature of the problem being studied, dialectical, formal-logical, comparative-legal, statistical, historical-legal methods of research were used in writing the work. The empirical basis of the study was the statistical data of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office, information materials of the Supreme Court (procedural documents of the «Trial Room» service, «Taldau» forum), and the Ministry of Internal Affairs of the Republic of Kazakhstan. The direct analysis of decisions on cases of unlawful actions in the sphere of family and household relations made it possible to identify their specificity: the relationship between subjects and victims, the situational nature, the repetition of committing, the prevalence of the termination of proceedings in connection with the reconciliation of the parties.