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43JURIDICAL SCIENCES
ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN IN THE SPHERE OF REGULATING THE ACTIVITIES OF PRECINCT POLICE INSPECTORS FOR THE PREVENTION
AND SUPPRESSION OF DOMESTIC VIOLENCE
Alzhankulova S.
Eurasian Academy of law named after D.A. Kunaev academic Professor, candidate of law Tauzhanova R.
Eurasian Academy of law named after D.A. Kunaev academic Professor, candidate of law Darkhanbaev R.
Eurasian Academy of law named after D.A. Kunaev
candidate of law
Rakhimbekov M.
Eurasian Academy of law named after D.A. Kunaev
candidate of law
Abstract
The article analyzes the legislation of the Republic of Kazakhstan in the field of regulating the activities of precinct police inspectors for the prevention and suppression of domestic violence. The analysis revealed problematic issues related to countering domestic violence, due to the fact that the assistance provided by law enforcement officers to victims of domestic violence is currently not effective enough. Organizational and legal measures are proposed to solve the identified problems.
Keywords: domestic violence, district inspectors, victims of domestic violence, prevention and suppression of domestic violence.
Work on the prevention of domestic violence is currently a very complex and urgent problem. The importance of this problem is also due to the fact that most of the violence in the family is considered by society as a purely personal matter of family members, so many facts remain ignored, while the prevention of violence in the family and household sphere involves in-depth study of the causes of family conflict by specially trained persons; a combination of coercion with support and assistance measures; participation of all interested departments, institutions, public organizations, educational institutions and labor collectives.
At the same time, special importance is given to the role of precinct police inspectors in detecting and suppressing such illegal actions. Timely disclosure of minor offenses, creating a climate of intolerance to violations of law, strict demand from those who commit them, contributes to reducing the number of serious violent crimes, and it is natural that a timely response to which can lead to the prevention of serious attacks on the person.
When preventing domestic violence, the work of precinct police inspectors is regulated by the Law of the Republic of Kazakhstan dated April 23, 2014 "on internal Affairs bodies of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "on the prevention of domestic violence" dated December 4, 2009, " Regulations on the local police service of internal Affairs bodies "(hereinafter - Position) approved by the decree of the Government of the Republic of Kazakhstan from December 30, 2016 No. 1142, "On additional measures to strengthen social order and enhance the role of district police inspectors of the internal Affairs bodies" approved by decree of the Government of the Republic of
Kazakhstan dated 23 may 2001, No. 701, as well as the order of the Minister of internal Affairs of Kazakhstan from December 29, 2015, №1095 "Rules of the organization of activity of precinct police inspectors, responsible for organizing the work of local point of police, police inspectors and their assistants" (hereinafter - the Rules).
In his Message "Strategy "Kazakhstan-2050": a new political course of the established state" on December 14, 2012, the President of the Republic of Kazakhstan N. A. Nazarbayev directly says: "I am concerned about the situation with the growth of domestic violence against women and children in families. Disrespectful attitude towards a woman should not be. And I will say right away that violence must be stopped harshly. Domestic violence in the sphere of family and domestic relations significantly damages the well-being of our society. It leads to the destruction of the family, has a negative impact on minors, which negatively affects their positive development in the future. In addition, offenses in the sphere of family and household relations go beyond the family and have a negative impact on relationships in other social spheres: neighborly, friendly, industrial, etc." [1].
In accordance with the Law of the Republic of Kazakhstan "on internal Affairs bodies of the Republic of Kazakhstan", internal Affairs bodies are law enforcement bodies designed to protect the life, health, rights and freedoms of citizens and individuals, the interests of society and the state from unlawful attacks, protect public order and ensure public safety, one of the tasks of which is to prevent offenses. At the same time, the internal Affairs bodies, within the limits of their tasks, carry out a set of measures aimed at identifying and
eliminating the causes and conditions that contribute to the Commission of offenses [2].
Thus, the internal Affairs bodies are the leading subject of prevention and prevention of offenses in the sphere of family and household relations. They are the first to go to the place of committing domestic offenses and crimes, deliver, detain, make protective orders against offenders, conduct proceedings on administrative offenses and criminal prosecution.
According to article 10 Of the law of the Republic of Kazakhstan "on prevention of domestic violence", internal Affairs bodies develop and implement together with other state bodies program documents in the field of prevention of domestic violence, participate in the development of draft normative legal acts in the field of prevention of domestic violence, implement measures to prevent domestic violence, identify parents or persons who replace them, do not perform or improperly perform the duties of raising children who commit illegal actions against them, keep preventive records and carry out preventive control, consider statements and reports about the facts of domestic violence or the threat of their Commission with a visit to the place and take measures to prevent them, send victims to organizations that provide assistance or health care, conduct a preventive conversation, deliver the person who committed domestic violence to the internal Affairs bodies, issue a protective order, apply to the Prosecutor for authorization to extend the protective order, make administrative detention, they apply to the court to establish special requirements for the behavior of a person who has committed domestic violence, carry out criminal prosecution, proceedings on administrative offenses, apply measures of criminal procedural compulsion, apply criminal and legal security measures to the victim, provide special training courses on the prevention of domestic violence for employees of internal Affairs bodies, and carry out criminological forecasting in the field of prevention of domestic violence [3].
From the above, it is obvious that the powers of internal Affairs officers are broad enough for effective activities in this area.
However, violent crime has a latent nature, which makes it difficult to disclose these criminal acts and prevent them. Therefore, the overwhelming majority of victims turn to the local police inspector for help.
The problem of domestic violence against women, children, and other family members is not unique to Kazakhstan's society. This problem in family and domestic relations is given much attention at the level of international organizations, which is evidenced by the adoption of Model legislation on domestic violence, which has the status of UN Recommendations.
One of the goals of this document is to increase the capacity of law enforcement agencies to assist victims of violence, ensure compliance with the law in cases of domestic violence, and prevent further cases of violence (prevent further abuse). The Model legislation also clearly defines the duties of a police officer, according to which police officers are required to respond to every request for assistance and protection in cases where domestic violence is suspected [4].
To empower law enforcement in assisting victims of violence in accordance with article 9-1 of the RK Law "On internal Affairs bodies of the Republic of Kazakhstan" Kazakhstan has established the local police service (the MPs).
At the same time, in the national Plan - 100 concrete steps to implement the five institutional reforms of the Head of state Nursultan Nazarbayev from 2015, one of the main reforms is also the creation of a local police service that is accountable to local Executive bodies and the local community, which are competent to counter domestic crime and "zero" tolerance for minor offenses [5].
Thus, the IPU consists of units of precinct police inspectors, juvenile Affairs, protection of women from violence, etc.
One of the activities of the IPU is the prevention of offenses, protection of public order, prevention and suppression of criminal offenses.
Further, to determine the status and powers of the IPU, Regulations on the local police service of internal Affairs bodies were developed, which was approved by the decree of the government of the Republic of Kazakhstan dated December 30, 2015 under No. 1142.
One of the important functions of the IPU for the prevention and suppression of domestic violence is to carry out comprehensive measures aimed at identifying, studying, and eliminating the causes and conditions that contribute to the Commission of offenses.
Also, the IPU in accordance with the Law "On internal Affairs bodies of the Republic of Kazakhstan" in the limits of its competence, is obliged to protect the life, health, rights and freedoms of the citizen and the person against illegal encroachments, to provide assistance to individuals affected by illegal encroachments, provides General and individual measures of crime prevention, establishes the causes and conditions conducive to the Commission of criminal offences, to take steps aimed at their elimination [2].
December 29, 2015 by order of the Minister of internal Affairs approved the Rules of organization of activity of precinct police inspectors, responsible for organizing the work of local point of police, police inspectors and their assistants.
According to the Rules, the district inspector is the main representative of the territorial body of internal Affairs in the assigned administrative area, performing within its competence, the duties assigned to it in accordance with the legislation of the Republic of Kazakhstan. Assistant district inspector is a representative of the territorial body of internal Affairs, performing within the limits of its competence, the duties assigned to it under the direct supervision of the district inspector, who is fully vested with the rights and duties of the district inspector, with the exception of independent procedural decisions on criminal offenses [6].
The local police inspector and the assistant carries out crime prevention recurrent, domestic and alcohol crime, identification of reasons and conditions contributing them; protect the rights, freedoms and legitimate interests of man and citizen from unlawful encroachments; conduct individual prevention of offenses in re-
lation to the persons consisting on the preventive account in law enforcement bodies; provides assistance to individuals who have suffered from illegal attacks; detects, and prevents violations; collects and processes personal data, etc.
It follows from the above that the main role in the prevention and prevention of offenses in the field of family and household relations falls on the district police inspectors, who, due to their functional responsibilities, deal with numerous issues related to law enforcement in the administrative district, including bringing perpetrators to administrative responsibility.
An important role in profilactice domestic violence play units of the Ministry of internal Affairs of Kazakhstan on the protection of women from violence. Thus, in accordance with the Rules on the organization of work of departments of internal Affairs of the Republic of Kazakhstan on protection of women from violence Subdivisions: protection of constitutional rights, freedoms and legal interests of women from unlawful encroachments; coordination of activity of divisions of internal Affairs bodies in preventing and combating violence against women; the organization works to prevent domestic violence against women; participation in the development and implementation jointly with the subjects of prevention of offenses and non-governmental organizations program documents in the field of prevention of domestic violence and the elimination of all forms of discrimination against women; provision of legal assistance in preventing and combating violence against women; improvement of forms and methods of prevention of violence against women and elimination of reasons and conditions contributing to the occurrence.
However, despite all the preventive measures carried out by the internal Affairs bodies and joint measures with other law enforcement and state bodies, the indicator for the Republic of crimes committed in the sphere of family and domestic relations leaves much to be desired.
For example, according to statistics From the Committee for legal statistics and special accounting of the Prosecutor General's office for 8 months of 2019, a total of 26 women died in the family and household sphere, and 58 women died in 12 months of 2018. This picture is only for registered crimes [7].
As practice shows, out of 10 victims of domestic violence, only one should apply to the internal Affairs bodies. Thus, it is difficult to determine how many women, children and the elderly silently tolerate violence in domestic relations.
To solve this problem, we consider it necessary to conduct large-scale campaigns through the media, social networks and social advertising to inform the General population about state measures to protect women and children from all types of violence. These measures should be carried out in cooperation with law enforcement agencies, civil society and Executive authorities.
In the Concept of family and gender policy in the Republic of Kazakhstan until 2030, it is noted that, despite the measures taken by the state to provide comprehensive support for the family, there are trends in society that require urgent solutions. One of the trends
is an increase in cases of domestic violence and abuse. The concept States that, on average, every third woman is subjected to beatings, sexual coercion or other forms of ill-treatment throughout her life. Of particular concern is the increasing incidence of child rape. In some schools and families (where children live with a stepfather/stepmother), there is a culture where children remain silent about issues of violence for fear of exposing themselves to further violence or bullying.
In this case, despite the fact that the legislative framework for the prevention and suppression of domestic violence is quite comprehensive, it can be stated that the authorized bodies interested in the prevention of domestic violence do not fully provide counteraction to this violation.
For example, not every district police inspector, as a representative of the territorial Department of internal Affairs in the assigned administrative area, performs their functional duties, makes a yard tour in order to identify families that are at risk, where a family member may be a victim of domestic violence. Whereas, the district inspector should know each resident, their standard of living and their interests.
Since in accordance with section 15 of the Rules for organizing the activities of precinct police inspectors responsible for organizing the work of a police station, precinct police inspectors and their assistants, the precinct inspector keeps a passport to the administrative section, which reflects information describing the socio-economic, demographic and other features of the administrative section, the state of law and order [6].
In this case, we consider it necessary to monitor the activities of district inspectors on the implementation of legislation in the field of prevention of domestic violence. Therefore, mechanisms and tools for monitoring the implementation of legislation should be developed for this purpose.
An analysis of the situation in the field of prevention of domestic violence has shown that a special link in the preventive activities of law enforcement agencies is occupied by units of precinct police inspectors, since they identify and take under control persons who have committed domestic violence in the administrative areas they serve. They also carry out preventive work with people who systematically violate the rules of living in everyday life, behave unworthily in public places, abuse alcohol, etc.
In General, Kazakhstan has established a regulatory framework for the prevention and protection of victims of domestic violence and a mechanism for interaction between state bodies and public associations dealing with violence against women.
At the same time, practice shows significant difficulties in solving problems related to domestic violence, since the assistance provided by internal Affairs officers to victims of domestic violence is not yet effective enough.
In view of the above, the following solutions to the identified problems are proposed:
- it is necessary to conduct large-scale campaigns through the media, social networks and social advertising to inform the General population about state
measures to protect women and children from all types of violence;
- activities should be carried out in cooperation with law enforcement agencies, civil society and Executive authorities;
- monitoring the activities of district inspectors on the implementation of legislation in the field of prevention of domestic violence;
- develop mechanisms and tools for monitoring the implementation of legislation;
- develop guidelines or instructions for detecting and preventing domestic violence;
-to provide practical and methodological assistance to district inspectors in improving their professional skills in the field of preventing violence in family and domestic relations, to study the experience of district inspectors from foreign countries in the prevention and elimination of domestic violence;
- to study foreign models for achieving family and gender policy in order to effectively counteract domestic violence;
- organize regular refresher courses for law enforcement officers and social workers.
References
1. Message "Strategy "Kazakhstan-2050": a new political course of the established state" December 14,
2012 [electronic resource] //
http://adilet.zan.kz/rus/docs
2. Law of the Republic of Kazakhstan "On internal Affairs bodies of the Republic of Kazakhstan" dated April 23, 2014 [electronic resource] // http://adilet.zan.kz/rus/docs
3. Law of the Republic of Kazakhstan "On prevention of domestic violence" dated December 4, 2009 [electronic resource] // http://adilet.zan.kz/rus/docs
4. Model legislation on domestic violence from 1996. UN recommendations [electronic resource] // http://www.gender.cawater-info.net/publica-tions/pdf/mod
5. National plan - 100 concrete steps to implement the five institutional reforms of Head of state Nursultan Nazarbayev in 2015 [electronic resource] // http://adilet.zan.kz/rus/docs
6. Rules for organizing the activities of precinct police inspectors responsible for organizing the work of a precinct police station, precinct police inspectors and their assistants, approved by the order of the Minister of internal Affairs of the Republic of Kazakhstan dated December 29, 2015 [electronic resource] // http://adilet.zan.kz/rus/docs
7. Statistical data Of the Committee for legal statistics and special accounting of the Prosecutor General's office on the registration of crimes in the field of domestic violence for 2018, 2019 [electronic resource] // http://pravstat.prokuror.kz/rus
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Воскресенская Е.В.
заведующий кафедрой гражданского права и защиты интеллектуальной собственности в технической сфере ФГАОУ ВО «Санкт-Петербургский политехнический университет Петра Великого», Россия
Зернов А.О.
студент Высшей школы юриспруденции и судебно-технической экспертизы ФГАОУ ВО «Санкт-Петербургский политехнический университет Петра Великого», Россия
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Voskresenskaya E.
head of the Department of civil law and protection of intellectual property in the technical sphere Peter the Great Saint Petersburg Polytechnic University, Russia
Zernov A.
student of the Higher school of law and forensic technical expertise Peter the Great Saint Petersburg Polytechnic University, Russia
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