SOME CRIMINOLOGICAL AND CRIMINAL LEGAL ASPECTS OF COUNTERING SEXUAL VIOLENCE AND HARASSION IN THE SPHERE OF WORK IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The article offered to readers is devoted to certain aspects of a criminological and criminal law nature related to combating sexual violence and harassment in labor (service) relations in the Republic of Kazakhstan. This problem in the context of combating gender-based violence and discrimination is reflected in the international legal acts of the UN and in the criminal legislation of the Republic of Kazakhstan. The article deals with the socio-cultural, spiritual and legal context of such a socially dangerous phenomenon as harassment, which refers to various manifestations of sexual violence and harassment in the world of work. The article notes the close connection between the social and legal reality that has developed in modern Kazakhstan and criminogenic factors that contribute to sexual violence and harassment in various types of labor and official activities. Adhering to the approach that has developed in legal science regarding the socio-criminological conditionality of criminal law norms, the authors carry out a detailed analysis of the criminal law counteraction to sexual violence and harassment in labor relations that exists in the legislation of the Republic of Kazakhstan. The article notes the shortcomings and imperfections of the existing criminal law tools, which “close” in essence to the norm of Article 123 of the Criminal Code of the Republic of Kazakhstan and have low preventive effectiveness, especially pronounced against the background of the latency of sexual harassment.

In this regard, the article contains original author's proposals regarding the improvement of criminal law on liability for sexual harassment in labor (service) relations. In particular, a new version of the wording of Article 123 of the Criminal Code of the Republic of Kazakhstan, as well as the composition of a criminal offense in the form of sexual harassment, not related to coercion, is outlined. These recommendations and proposals deserve the attention of the legislator and judicial practice. They are useful for the development of criminal law, criminology, in the context of the prevention of crimes against the sexual freedom of the individual.