ISSUES OF IMPROVING THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON COMBATING DOMESTIC AND DOMESTIC VIOLENCE
DOI:
https://doi.org/10.52026/1994-408X_2020_63_5_127Keywords:
family and domestic violence, physical, mental, economic and sexual violence., improvement of measures to combat family and domestic violence, improvement of criminal legislationAbstract
The article analyzes the concept of violence and domestic violence in particular. Types of domestic violence are considered: physical, mental, economic and sexual violence. The concept of family and household relations, which combines family and household relations, is studied. The definition of family and domestic violence is formulated. Often in the family and household sphere there is a persecution of one person by another. To prevent this socially dangerous act, criminal legal measures are proposed to combat this negative phenomenon.
The law of the Republic of Kazakhstan dated July 3, 2017 "on amendments and additions to certain legislative acts of the Republic of Kazakhstan on improving the law enforcement system" excluded from the criminal code article 108, which provided for liability for intentional infliction of minor harm to health and article 109, which provided for liability for beatings. After the decriminalization of these acts, family rowdies felt a relaxation of responsibility and punishment and began to commit more criminal offenses in the sphere of family and household relations.
The increase in the number of family and domestic violence over the past 2 years after the amendments and additions made to the criminal code showed the fallacy of the decision to exclude articles 108 and 109 from the criminal code. Therefore, it is proposed to provide for criminal liability for intentional infliction of minor harm to health and beatings, returning articles 108 and 109 to the criminal code and providing for the sanctions of these articles as an alternative punishment, not arrest, but imprisonment.
There are other proposals to improve criminal legislation aimed at countering domestic violence.