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Ministry of Justice

Republic of Tajikistan

On March 28, 2013 No. 211

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 19, 2013 No. 954

About the prevention of violence in family

This Law governs the public relations connected with the prevention of violence in family and determines tasks of the subjects preventing violence in family by identification, the prevention and elimination of the reasons and conditions promoting violence in family.

CHAPTER 1. GENERAL PROVISIONS

Article 1. Basic concepts

In this Law the following basic concepts are used:

- violence in family - the intentional illegal act of physical, mental, sexual and economic nature made within the family relations by one family member in relation to other family member which becomes cause of infringement of its rights and freedoms, causings physical pain or harm to his health or threat of causing such harm to health;

- the prevention of violence in family - the complex of the legal, economic, social and organizational measures performed by the subjects preventing violence in family, directed to protection of the rights, freedoms and legitimate interests of man and citizen within the family relations, the prevention of violence in family, determination and elimination of the reasons and conditions promoting violence in family;

- physical abuse in family - intentional illegal act of one family member in relation to other family member, as a result of use of physical force which becomes the reason of drawing physical pain or harm to his health;

- mental violence in family - intentional mental impact, humiliation of honor and advantage of one family member by other family member by threat, insults, blackmail or coercion to making of offenses or acts, life-threatening and health, and also leading to violation of mental, physical or personal development;

- sexual violence in family - the intentional illegal act of one family member in relation to other family member encroaching on sexual integrity and sexual human freedom, and also the actions of sexual nature made concerning the minor family member;

- economic violence in family - intentional illegal act of one family member in relation to other family member for the purpose of deprivation of its housing, food, clothes, property or means to which the victim has the stipulated by the legislation right of the Republic of Tajikistan and this act can cause violation of physical or mental health or entail other adverse conditions;

- person which was affected by violence in family (further - the victim) the family member to whom physical, moral or material harm is intentionally done by other family member;

- the protective instruction - the document issued by law-enforcement bodies to person who committed violence in family or person menacing with its application;

- the subjects preventing violence in family - state bodies, bodies of public amateur performance, the company, organization, other organizations and citizens of the Republic of Tajikistan responsible for the prevention of violence in family.

Article 2. Purposes of this Law

The purposes of this Law are:

- legal protection of family as basis of society;

- legal regulation of the relations connected with the prevention of violence in family;

- assistance to implementation of state policy according to the prevention of violence in family;

- forming of situation of intolerance of society to violence in family;

- identification, prevention and elimination of the reasons and conditions promoting violence in family;

- assistance to increase in responsibility of parents for training and education of children.

Article 3. The legislation of the Republic of Tajikistan on the prevention of violence in family

The legislation of the Republic of Tajikistan on the prevention of violence in family is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 4. Coverage of this Law

Operation of this Law extends to the citizens of the Republic of Tajikistan, foreign citizens and persons without citizenship who are living in the Republic of Tajikistan and married and members of their families, and also persons jointly living with maintaining general economy.

Article 5. The principles of the prevention of violence in family

The prevention of violence in family is based on the principles:

- respect of rights and freedoms of man and citizen;

- legality;

- humanity;

- confidentiality of information on violence in family;

- supports and strengthenings of family;

- participations of the public, state bodies, private and public organizations in socially - system of law of protection of life and health of family members;

- benefits of preventive measures over responsibility measures;

- inevitability of responsibility for violence in family.

Article 6. Victim's rights

The victim has the following rights:

- on receipt of the medical, psychological, legal and public assistance;

- on the placement in its written consent to the centers of support, the centers or departments on medical and social resettlement of victims;

- on receipt of legal advice bureau and other information on protection of own safety;

- on the appeal to bodies of public amateur performance for the purpose of public condemnation of behavior of person who committed violence in families;

- on the appeal to law-enforcement bodies, prosecutor's office or court about accountability of person who committed violence in family.

CHAPTER 2. THE SUBJECTS PREVENTING VIOLENCE IN THE FAMILY

Article 7. Competence of the Government of the Republic of Tajikistan according to the prevention of violence in family

Is within the competence of the Government of the Republic of Tajikistan in the prevention of violence of family:

- ensuring state policy in the field of the prevention of violence in family;

- approval of state programs according to the prevention of violence in family;

- coordination of activities of the subjects warning violence in family;

- approval of approximate provision and charter of the centers of support;

- implementation of other powers determined by regulatory legal acts of the Republic of Tajikistan.

Article 8. Powers of local authorities of the government according to the prevention of violence in family

Local authorities of the government according to the prevention of violence in family have the following powers:

- ensuring accomplishment of state programs according to the prevention of violence in family;

- development, approval and implementation of local programs for the prevention of violence in family and cooperation with other subjects preventing violence in family;

- taking measures to the prevention of violence in family;

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