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36JURIDICAL SCIENCES
LEGAL ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN IN THE SPHERE OF REGULATION OF ACTIVITIES OF LOCAL POLICE INSPECTORS ON PREVENTION
AND SUPPRESSION OF DOMESTIC VIOLENCE
Alzhankulova S.,
Academy of Economics and law named after U.A. Dzholdasbekov
head of the Department of private law Professor of private law Candidate degree in jurisprudence Darkhambaeva A.,
Academy of Economics and law named after U. A. Dzholdasbekov
Dean of the faculty of business and law Candidate degree in jurisprudence Tolkumbekova N.
Academy of Economics and law named after U. A. Dzholdasbekov
Candidate degree in jurisprudence
Abstract
The article deals with the problem of family violence in the Republic of Kazakhstan. The detailed analysis of the legislation of the Republic of Kazakhstan in the sphere of regulation of activity of local police inspectors on prevention and suppression of domestic violence is given. The factors of origin of domestic violence, the number of people who commit violent acts, and the consequences of family violence are studied. In conclusion, the ways of solving the identified problems are proposed.
Keywords: domestic violence, prevention of domestic violence, district inspector, family policy
Work on the prevention of domestic violence is today 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 without attention, while the prevention of violence in the family and household sphere involves an in-depth study of the causes of family conflict by specially trained persons; the combination of coercion with measures of support and assistance; participation of all interested departments, institutions, public organizations, collectives of educational institutions and labor collectives.
At the same time, special importance is given to the role of district police inspectors in identifying and suppressing such illegal actions. Timely disclosure of minor offenses, the creation of an environment of intolerance to violations of the law, strict demand from persons who commit them, helps to reduce the number of serious violent crimes and of course the timely response to which can lead to the prevention of serious attacks on the person.
In the prevention of domestic violence, the work of precinct police inspectors is regulated by the Law of the Republic of Kazakhstan of 23 April 2014 "On internal Affairs bodies of the Republic of Kazakhstan", the Law of the Republic of Kazakhstan "on prevention of domestic violence" of 4 December 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 must say that violence must be suppressed harshly. The well-being of our society suffers significant damage from domestic violence in the sphere of family and domestic relations. 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 domestic 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 "On internal Affairs bodies of the Republic of Kazakhstan" the police are a law enforcement Agency, intended for the protection of life, health, rights and freedoms of man and citizen, interests of society and state from unlawful encroachments, protection of a public order and ensuring public security, one of whose tasks is the prevention of offenses. At the same time, bodies of internal Affairs within the assigned tasks carry out a complex of the measures directed on identification, elimination of the
reasons and the conditions promoting Commission of offenses [2].
Thus, the internal Affairs bodies are the foremost subject of prevention and prevention of offenses in the field of family and domestic relations. They are the first to go to the place of committing domestic offenses and crimes, deliver, detain, make protective orders against offenders, carry out proceedings in cases of administrative offenses and criminal prosecution.
According to article 10 Of the law of the Republic of Kazakhstan "on prevention of domestic violence", the 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, take measures to prevent domestic violence, identify parents or persons who replace them, do not perform or improperly perform the duties of raising children, commit illegal actions against them, are preventive care and implement preventive controls, review applications and reports of domestic violence, or the threat of their Commission to leave the place and take measures for their suppression, refer victims to organizations providing care or health organization, carried out a preventive conversation, make delivery of the person who committed domestic violence, the bodies of internal Affairs, take out a restraining order, intercede before the Prosecutor to give sanction for the extension of validity of protection orders, produce administrative detention, intercede before the court for establishing special requirements to the behaviour of perpetrator of domestic violence, prosecute, manufacture on Affairs about administrative offences, to apply measures of criminal procedural coercion, applied criminal law security measures of the victim, provide the organization of special training courses on prevention of domestic violence for the staff of bodies of internal Affairs carry out criminological forecasting in the field of prevention of domestic violence [3].
From the above it is obvious that the powers of employees of internal Affairs bodies are wide enough for effective activity in this sphere.
However, violent crime has a latent nature, which leads to the complexity of disclosure of these criminal acts and their prevention. Therefore, an overwhelming minority of victims turn to the district police inspector for help than they actually are.
The problem of domestic violence against women, children and other family members is not unique to Kazakhstan's society. Much attention is paid to this problem in family and domestic relations at the level of international organizations, the proof of which is the adoption of Model legislation on domestic violence, which has the status of UN Recommendations.
One of the objectives of this document is to enhance the capacity of law enforcement agencies to assist victims of violence, enforce the law in the case of domestic violence and prevent further violence (prevent further abuse). Also, the Model legislation clearly States the duties of the police officer, according to which the police are obliged to respond to every request
for help 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.
At the same time, in the Plan of the nation - 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, accountable to local Executive bodies and the local community, which are competent in combating domestic crime and "zero" tolerance for minor offenses [5].
Thus, the local police service consists of units of district police inspectors, juvenile Affairs, protection of women from violence, etc.
One of the activities of the local police service is crime prevention, protection of public order, prevention and suppression of criminal offenses.
Next, to determine the status and powers of local police service developed regulations on local police service of the internal Affairs agencies, approved by the decree of the Government dated 30 December 2015 under No. 1142.
One of the important functions of the local police service for the prevention and suppression of domestic violence is to carry out comprehensive measures aimed at identifying, studying, eliminating the causes and conditions conducive to the Commission of offenses.
Local police service 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 on the fixed administrative site, performing within its competence, the duties assigned to it in accordance with the legislation of the Republic of Kazakhstan. Assistant precinct 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 precinct inspector, who is fully vested with the rights and duties of the precinct inspector, except for the independent adoption of 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 relation 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.
From the above, it follows that the main role in the prevention and prevention of offenses in the field of family and domestic relations falls on the district police inspectors, who, by virtue of their functional duties, deal with numerous issues related to law enforcement at the administrative site, including bringing perpetrators to administrative responsibility.
An important role in the prevention of domestic violence is played by the units of the internal Affairs bodies of the Republic of Kazakhstan for 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 and joint measures carried out by the internal Affairs bodies 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 Of the Committee of legal statistics and special accounts of the Prosecutor General's office for 8 months of 2018, 26 women died in the family and household sphere, for 12 months of 2017 - 58 women. This picture is only for registered crimes [7].
As practice shows, out of 10 victims of domestic violence, only one apply to the internal Affairs bodies. Thus, it is difficult to determine how many women, children and the elderly silently tolerate violence in family 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 activities should be carried out in cooperation with law enforcement agencies, civil society and Executive authorities.
The Concept of family and gender policy in the Republic of Kazakhstan until 2030 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 trend is an increase in 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, being a representative of the territorial police Department on the fixed administrative site, performs his functional duties, makes a yard tour to identify families who are at risk, where any family member may be a victim of domestic violence. Whereas, the district inspector should know everyone living, the level of his life and his interests.
Since, in accordance with puttom 15 of the 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, the district inspector conducts the passport for the administrative site, which reflects the information characterizing the socio-economic, demographic and other characteristics of administrative area, 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.
The analysis of the situation in the sphere of prevention of domestic violence showed that a special link in the preventive activities of law enforcement agencies is occupied by the units of district police inspectors, since they identify and take under control the perpetrators of domestic violence in the administrative areas they serve. They also carry out preventive work with persons who systematically violate the rules of living in the home, 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.
However, practice shows significant difficulties encountered in the solution of problems involving domestic violence, as, assist officers vnutrennih cases for victims of domestic violence until sufficiently effective.
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 the state measures to protect women and children from all types of violence;
- activities should be carried out in cooperation of law enforcement agencies with 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 the detection and prevention of domestic violence;
-to provide practical and methodological assistance to district inspectors in improving their professional skills in the field of prevention of violence in family and domestic relations to study the experience of district inspectors of foreign countries for the prevention and elimination of domestic violence;
- to study foreign models of achievement of family and gender policy, for the purpose of effective counteraction to domestic violence;
- organize regular refresher courses for law enforcement and social workers.
References
1. Message "Strategy" Kazakhstan-2050": a new political course of the established state " December 14, 2012 // 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 // http://adilet.zan.kz/rus/docs
3. Law of the Republic of Kazakhstan "on prevention of domestic violence" of December 4, 2009 // http://adilet.zan.kz/rus/docs
4. Model legislation on domestic violence of 1996. UN recommendations // http://www.gender.cawater-info. net/publications/pdf/mod
5. National plan-100 concrete steps to implement the five institutional reforms of the Head of state Nursultan Nazarbayev in 2015 // http://adilet.zan.kz/rus/docs
6. Rules of organization of activities of precinct police inspectors responsible for organization of work of 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 // http://adilet.zan.kz/rus/docs
7. Statistical data Of the Committee of legal statistics and special account of the Prosecutor General's office on registration of crimes in the sphere of domestic violence for 2017, 2018 // http://pravstat.proku-ror.kz/rus
ПРИНЦИПИ МЕЖНАРОДНОГО ПРАВА ТА IX М1СЦЕ В РЕГУЛЮВАНН1 М1ЖДЕРЖАВНИХ
ЕКОНОМ1ЧНИХ В1ДНОСИН
Бл1хар М.
доктор юридичних наук, доцент доцент кафедри конституцшного та м1жнародного права Навчально-наукового iнституту права, психологИ та тновацшноИ освгти Нацгонального ymiверситету «Львiвська полтехнка»
PRINCIPLES OF INTERNATIONAL LAW AND THEIR PLACES IN THE REGULATION OF INTERNATIONAL ECONOMIC RELATIONS
Blikhar M.
Candidate of Economic Sciences, Doctor of Juridical Sciences, Docent, Associate Professor at the Department of constitutional
and international law, Lviv Polytechnic National University Lviv, Ukraine
Анотащя
У статп дослщжено особливе значения принцитв мiжнародного eK0H0Mi4H0r0 права, що, по-перше, вони е орieнтиром у встановленш принцитв зовнiшньоекономiчноi дшльносп окремих держав, i, подруге, принципи мiжнародного економiчного права е вдеолопчно-правовим тдгрунтям для встановлення норм поведшки держав у ввдносинах, що виникають з дво- та багатостороншх мiжнародних угод.
Abstract
The article examines the particular importance of the principles of international economic law, which, first, are the benchmark in establishing the principles of foreign economic activity of individual states, and, second, the principles of international economic law are ideological and legal basis for establishing the rules of behavior of states in relations, arising from bilateral and multilateral international agreements.
Ключовi слова: принцип мiжнародного права, суверенна рiвнiсть держав, добросовюне виконання зобов'язань, мирне виршення спорiв, рiвноправнiсть держав, ствробггництво, самовизначення народiв, незастосування сили чи погрози силою, принцип найбшьшого сприяння, нацюнальний режим, преферен-цшний режим.
