It is registered
Ministry of Justice
Republic of Tajikistan
On March 28, 2013 No. 211
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.
In this Law the following basic concepts are used:
- violence in family - intentional illegal action or threat of making of act of physical, mental, economic and sexual nature, and also scornful the attitudes of one family member towards other family member breaking or able to violate the rights and freedoms of these persons, degrade their advantage, do physical or moral harm, lead to forced or intentional imprisonment;
- 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;
- psychological violence in family - threat of physical, sexual, economic abuse, psychological impact, humiliation of honor and advantage of persons jointly living with maintaining general economy to making of offenses or acts which lead to violation of psychological, physical or personal development, violation of the rights and freedoms;
- 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.
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.
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.
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.
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.
The victim has the following rights:
- on receipt of the medical, psychological, legal and public assistance, including free use of services of the public medical institutions in accordance with the established procedure;
- on the appeal to relevant organs behind compensation of the moral and material harm done as a result of making in their relation of violence in family;
- 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 self-government institutions of settlements and villages and 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.
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;
- creation of Interdepartmental council under the Government of the Republic of Tajikistan according to the prevention of violence in family and approval of its provision;
- 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.
Local authorities of the government according to the prevention of violence in family have the following powers:
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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