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Of Working with Children-Victims of Domestic Violence in Kazakhstan and in the World

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Of Working with Children-Victims of Domestic Violence in Kazakhstan and in the World Vision (condition) of working with children-victims of domestic violence in Kazakhstan and in the World Yerbolat Kadenov – Al-Farabi Kazakh National University Annotation In this article considered about condition of working with child-victims in our country and in the World. Also analyzed the definition of victims of domestic violence, and described different types of violence. Keywords: child-victim, domestic violence, work with child-victims, domestic violence in Kazakhstan. Аннотация В этой статье рассматривается видение работы с детьми-жертвами бытового насилия в Казахстане и в мире. Также анализируется понятие жертвы бытового насилия и описывается разные виды бытового насилия. Ключевые слова: дети-жертвы, бытовое насилие, работа с детьми-жертвами, бытовое насилие в Казахстане. Аннотация Бұл мақалада тұрмыстық зорлыққа ұшыраған балалармен жұмыстың Қазақстандағы және әлемнің басқа елдеріндегі көрінісі қарастырылады. Сонымен бірге, тұрмыстық зорлыққа ұшыраған балалар ұғымы талданып, тұрмыстық зорлықтың әр түрі сипатталады. Кілттік сөздер: зорлыққа ұшыраған балалар, тұрмыстық зорлық, зорлыққа ұшыраған балалармен жұмыс, Қазақстандағы тұрмыстық зорлық. Abuse of children in its various manifestations is characteristic of all countries of the modern world. With respect to the child, such forms of violence as physical, psychological, sexual, and neglect of the basic needs and interests of the child are common. Neglecting the basic interests and needs of the child as a common form of domestic violence can have the following manifestations: inadequate satisfaction of needs for food, physical and psychological security, love and recognition; lack of the necessary level of care and control; insufficient provision of the child with necessary medical care when he needs it; causing intentional harm to the child; the impact of emotionally traumatic factors related to family conflicts, dependent behavior of parents (for example, the child watches for acts of violence against the mother, alcoholism of the parents); child exploitation, forced labor. The problem of domestic violence today, more than ever, is relevant and attracts the attention of a large number of scientists, human rights activists, lawmakers, as well as ordinary people, above all the potential victims of such a terrible disaster of modern "civilized" society as domestic violence. Note that to refer to this terrible phenomenon, various terms are used - both “domestic violence” and “violence against women”. In this scientific study, the term “domestic violence” will be used, as it is, in our opinion, the most complete, reflecting its content and essence. In the past twenty years, many countries have passed laws that establish responsibility for domestic violence. Special acts to combat domestic violence were adopted: in 1996 in Austria; in 2001 in Germany and Ukraine; in 2003 in Kyrgyzstan; in 2004 in the UK and Switzerland; in 2005 in Bulgaria; in 2007 in Moldova; in 2008 in Slovenia; in 2009 in Kazakhstan; in 2010 - in Azerbaijan; in 2011 in Lithuania; in 2014 in Belarus, etc. Thus, domestic violence is an international problem - a global problem that covers different countries of the world. International practice shows that it is much easier to defend rights when there are separate laws. It should be noted that the member states of the Eurasian Economic Union are also actively fighting the problem of preventing domestic violence, which leads to a reduction of crimes and offenses in this area by 20-30% after the adoption of the relevant law. Thus, on March 25, 2003, the Law of the Kyrgyz Republic No. 62 “On social and legal protection from domestic violence” (hereinafter referred to as the Law of the Kyrgyz Republic No. 62) [1], which defines the concept of “domestic violence (family violence)”, came into force, which is any intentional action of one family member against another if this action infringes upon the legal rights and freedoms of a family member, causes him physical or mental suffering and moral harm, or threatens the physical or personal development of a minor family member. Domestic violence is divided into three types: physical, mental and sexual [1]. Also, it should be noted that, in accordance with the Law of the Kyrgyz Republic No. 62, a special protective order is issued to special means of social and legal protection from family violence (issued to a person who committed family violence by an official of the internal affairs bodies at the place of family violence for up to 15 days and must be issued within 24 hours from the time of the commission of domestic violence) and a protective judicial warrant (may be issued by the court in order to protect the victim of domestic violence and further suppress domestic violence during consent of the victim of violence for a period of 1 month to 6 months). In addition, as a result of long efforts, on December 4, 2009, the Law of the Republic of Kazakhstan No. 214- “On the Prevention of Domestic Violence” (hereinafter - the Law of the Republic of Kazakhstan No. 214- ^ [2].So, for example, “domestic violence” in the Law of the Republic of Kazakhstan No. 214-M is defined as a deliberate wrongful act (action or inaction) of one person in the field of family life in relation to another (others), causing or containing the threat of causing physical and a) mental suffering [2]. From this definition it follows that this Law regulates the prevention of violence in family and domestic relations, i.e. relations between persons in a marriage and family relationship, persons living together within an individual dwelling house, an apartment or other dwelling, as well as between former spouses. Domestic violence has varieties in its nature, according to which in the Law of the Republic of Kazakhstan No. 214-M it is divided into physical, sexual, psychological and economic violence [2]. For the purpose of safety, the injured Law of the Republic of Kazakhstan No. 214-M provides a possibility of pronouncement of the protective instruction and use of measures of administrative responsibility for its disturbance, and in the presence of the bases to believe that pronouncement of the protective instruction is not enough, - use of administrative detention [2]. In criminal law of Republic of Belarus violence is defined as the actions of the guilty person which are followed by causing to the victim of physical and (or) mental sufferings. Also, the criminal law contains a concept — exclusive murders. These are such murders in which structure the legislator already included in advance the softening circumstances. For example, murder of the newborn child by mother as a result of difficult delivery or for the reason that the child is given birth out of marriage, or the father of the child does not recognize it the, or there are no means of livelihood, etc. Besides, the Law of Republic of Belarus No. 122-3 "About bases of activities for prevention of offenses" (further - Law No. 122-3) on January 4, 2014 is adopted [3] which fixes the concept "violence in family". These are deliberate actions of physical, psychological, sexual nature of the family member in relation to another member the families violating it the rights, freedoms, legitimate interests and causing it physical and (or) mental sufferings. Measures of individual prevention of offenses are: preventive conversation; official prevention; preventive accounting; protective instruction; other measures provided by acts [3]. So, after the first offense to an aggressor official prevention will be announced. The second offense within a year also is the basis for pronouncement of the protective instruction establishing the bans on communication, visit, clarification of the place of stay of the citizen affected by violence in family and also a duty of the citizen who committed violence in family temporarily to leave the general with the citizen affected by violence in family, premises. According to us, such measure as "official prevention", should not join at all in the law on prevention of domestic violence as it not only is not able to stop an aggressor, but also at worst is capable to lead to unexpected unpleasant consequences. Besides, the problem of domestic violence, long time which was in Armenia the closed subject became a subject of public discussion in recent days. The Ministry of Labor and Social Welfare of Armenia drafts the bill of social support including a number of regulations on domestic violence now [4]. Thus, the legislation of member states of the Eurasian Economic Union in the sphere of prevention and prevention of domestic violence has much in common. In member states of the Eurasian Economic Union or the relevant laws according to a warning of domestic violence (Kazakhstan, Kyrgyzstan), of bases of activities for prevention of offenses are already adopted (Belarus), or active work on their acceptance is conducted (Armenia). It is important to note that, based on the current legislation of the Russian Federation, it is possible to protect only partially the interests of the persons which underwent domestic violence. In the Criminal Code of the Russian Federation [5] is Article 117 "Tortures" most of which fully reflects the criminal acts committed in cases of domestic violence. However, this article is practically not used by judges at consideration of the applications, connected with domestic violence. Also, the Criminal Code of the Russian Federation does not contain such qualifying sign of rape as rape in family. Besides, also the system of the legislation on administrative offenses stays idle. So, now it is impossible to attract the husband who scoffs at the wife, being at themselves in the apartment as this structure of offense does not fall under the structure which is contained in the article of the Russian Federation Code of Administrative Offences establishing responsibility for disorderly conduct. It is offered to correct similar omission by entering of corresponding changes into the specified codified acts. Thus, today the only remedy for the victims of domestic violence in Russia are legislatively fixed sanctions.
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