of March 25, 2003 No. 62
About social legal protection from violence in family
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on January 31, 2003
This Law governs the relations in the field of social legal protection of persons which were affected by violence in family.
The measures of social legal protection from violence in family established by this Law are integral part of safety of the personality, family and society.
In this Law the following concepts are applied:
family - the persons which are among themselves in scrap, relationship or the relations of property, living jointly. Operation of this Law extends also to the family based on the scrap which is not registered in bodies of civil registration (in the actual scrap); on persons who entered the family relations as a result of adoption (adoption), establishment of guardianship and custody in case of the cohabitation of guardians and custodians with wards, devices of children in family on education according to the procedure established by the legislation of the Kyrgyz Republic; and also on persons who are family members, based on scrap if they continue to live jointly after the scrap termination, and on the relatives living jointly as family members;
dysfunctional family - family in which the facts of violence or threat of violence regularly (systematically) take place;
the dependent family member - the family member who is in dependence owing to age, disease or disability depending on other family members;
difficult life situation - the situation which is objectively breaking activity and moral and psychological condition of the family member in connection with the conflicts and (or) ill treatment in family;
violence in family (spousal assault) - any intentional action of one family member concerning another if this action violates legitimate rights and freedoms of the family member, inflicts on it physical or mental suffering and does moral harm or contains threat to physical or personal development of the minor family member;
physical abuse in family - intentional torture or drawing by one family member to another of beating, harm to health, intentional deprivation by one member of the family of other member of the family of freedom of travel, housing, food, clothes and other normal living conditions, coercion to hard manual labor, and also evasion of parents of minors, their guardians, custodians, persons which took the minor in family on education from accomplishment of obligations on leaving, care about health and personal security of the minor that can lead to damnification it to physical or mental health, cause dignitary harm to his identity, and also mental, physical or personal development of the injured child or by the death of the family member;
mental violence in family - intentional humiliation by one member of the family of honor and advantage of other family member or coercion its (compulsion) by means of threats, insults, blackmail to making of the offenses or acts constituting danger to his life or health, and also leading to violation of mental, physical or personal development of the minor family member by it;
sexual violence in family - the act of one family member encroaching on sexual integrity and sexual freedom of other family member, and also action of sexual nature in relation to the minor family member;
social support - the range of services of social and economic, social and legal, social and medical, social and psychological and other nature provided to persons which were affected by spousal assault;
social legal protection from violence in family - activities of the relevant services for permission of difficult life situation in family by means of social support of the family members who were affected by spousal assault, to assistance to family in recovery of the normal family relations, development of measures for correction of behavior;
social suppression of violence in family - the immediate social support given by the relevant service in case of direct danger to life and health of the dependent family member for the purpose of elimination of this danger, ensuring its safety in situation, being urgent and also non-admission of wrongful repeated and systematic acts of persons leading to violence continuation;
the security order - the procedural legal document providing the state protection to the victim of violence in family or its threats and attracting the warning to the person who committed violence or menacing to make it in the form of the corrective actions determined by this Law.
This Law is intended for creation of social system of law of protection of life, health of family members from violence and provides to victims the protection against spousal assault based on observance of international standards in the field of human rights.
This Law is directed to creation of conditions for the full-fledged and healthy family relations, at the same time special care of the state is protection from violence of minor and elderly family members.
This Law is based on the following principles:
- respect for the international standards in the field of human rights in relation to family;
- protection against the religious, cultural and other customs able to cause damage to the family relations;
- guilty responsibility for the caused violence in family;
- confidentiality of information on the put violence;
- preventive orientation;
- participation of the public, civil institutes in creation of social system of law of protection of life and health of family members.
Family members, and also the relatives living together with family members treat subjects concerning which the spousal assault (victims) is performed.
Person to whom physical, mental or other harm is done is recognized to victims of spousal assault.
The victim of spousal assault has the right:
- on filing of application in law-enforcement bodies or in prosecutor's office about the fact of committed spousal assault or threat of its making in the state or official languages;
- on transportation in medical institution and rendering primary medical care;
- on the placement to the safe place or to specialized agencies of social servicing voluntarily;
- on receipt of information on protection of own safety, legal aid and consultation;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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