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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 4, 2009 No. 214-IV ZRK

About prevention of domestic violence

(as amended on 24-11-2021)

This Law determines legal, economic, social and organizational basis of activities of state bodies, local government bodies, organizations and citizens of the Republic of Kazakhstan for prevention of domestic violence.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) injured - physical person concerning which there are bases to believe that to it directly domestic violence causes moral, physical and (or) property harm;

1-1) organizations for assistance - the legal entities performing provision injured special social services and (or) the help according to this Law;

2) the family and household relations - the relations between the spouses who were the spouses, persons living or living jointly, the close relatives, persons having general child(children);

3) domestic violence - the intentional illegal act (action or failure to act) of one person in the sphere of the family and household relations concerning another (others) causing or containing threat of causing physical and (or) mental suffering;

4) prevention of domestic violence - complex of the legal, economic, social and organizational measures performed by subjects of prevention of domestic violence, directed to protection of constitutional rights, freedoms and legitimate interests of man and citizen in the sphere of the family and household relations, the prevention and suppression of domestic violence and also on identification and elimination of the reasons and conditions promoting their making;

5) subjects of prevention of domestic violence - the state bodies, local government bodies, the organizations and citizens of the Republic of Kazakhstan performing prevention of domestic violence.

Article 2. Legislation of the Republic of Kazakhstan on prevention of domestic violence

1. The legislation of the Republic of Kazakhstan on prevention of domestic violence is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Principles of prevention of domestic violence

Prevention of domestic violence is based on the principles:

1) legality;

2) guaranteeing observance of the rights, freedoms and legitimate interests of man and citizen;

3) inadmissibility of causing to man and citizen of physical and (or) mental suffering;

4) supports and preserving family;

5) confidentiality;

6) individual approach to each man and citizen, being in difficult life situation;

7) priority of preventive measures of prevention of domestic violence over repressive;

8) complexity and systemacity.

Article 4. Types of domestic violence

1. Domestic violence can be expressed as physical, psychological, sexual and (or) economic abuse.

2. Physical abuse - intentional damnification to health by use of physical force and causing physical pain.

3. Psychological violence - intentional impact on mentality of the person, humiliation of honor and advantage by means of threats, insults, blackmail or coercion (compulsion) to making of the offenses or acts posing hazard to life or health, and also leading to violation of mental, physical and personal development.

4. Sexual violence - the intentional illegal action encroaching on sexual integrity or sexual human freedom, and also actions of sexual nature in relation to minors.

5. Economic violence - intentional deprivation of the person of housing, food, clothes, property, means to which he has the right provided by the law.

Article 5. Special social services

1. Special social services are provided to the victim recognized in the procedure established by the legislation as person which is in difficult life situation.

2. Special social services include the guaranteed amount of special social services and paid special social services.

3. Provision of the guaranteed and additional amount of the special social services provided over the guaranteed amount is performed based on the decision of local executive bodies of areas, cities of regional value.

4. Standards of rendering special social services, procedure for their provision, the right and obligation of person (family) which is in difficult life situation are determined by the legislation of the Republic of Kazakhstan on special social services.

Chapter 2. Subjects of prevention of domestic violence

Article 6. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in the field of prevention of domestic violence;

2) the subitem 2) of Article 6 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

3) provides interaction of subjects of prevention of domestic violence and coordination of their activities;

4) performs other powers provided by the Constitution, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 7. Competence of local representative and executive bodies

1. Local representative bodies:

1) the subitem 1) of Item 1 of Article 7 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

2) are approved and control execution of local budgets regarding expenses on prevention of domestic violence;

3) promote execution by citizens and the organizations of regulations of this Law.

2. Local executive bodies:

1) the subitem 1) of Item 2 of Article 7 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK

2) provide interaction of subjects of prevention of domestic violence at the local level;

3) is created by the organizations for assistance and provide their functioning;

4) are revealed and record the minors which were affected by domestic violence, and dysfunctional families;

5) will organize provision of special social services by the victim according to the procedure, established by the legislation of the Republic of Kazakhstan on special social services;

6) provide carrying out requirements analysis of the students and pupils who underwent to domestic violence in provision of special social services according to standards of rendering special social services and send offers to authorized body in the field of education.

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