LAW OF THE KYRGYZ REPUBLIC

of April 27, 2017 No. 63

About protection and protection against spousal assault

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 16, 2017

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are applied:

1) the safe place - the territory or the room in which, according to person which was affected by spousal assault, or his legal representative there is no danger to his life or health;

2) the advisory and preventive center (the crisis center) - the organization for rendering social and psychological, and also legal, medical care to persons which were affected by spousal assault. Under the advisory and preventive center the shelter can be created;

2-1) coordination of activities of subjects for protection and protection against spousal assault - the activities of authorized body directed to creation and ensuring systematic interdepartmental interaction, maintenance of the approved and steady mechanism according to the prevention of spousal assault, assistance to persons who were affected by spousal assault;

2-2) correctional program - the program for change of violent behavior for persons who made spousal assault;

3) the temporary security order - the document providing the state protection to the victim of spousal assault and attracting application of the corrective actions determined by this Law to person who made spousal assault;

3-1) interdepartmental interaction - the systematic joint activities of subjects for protection and protection against spousal assault based on cooperation, communication and exchange of information and directed to development and implementation of measures for protection and protection against spousal assault and assistance to persons who were affected by spousal assault;

3-2) risks assessment - assessment of possibility of continuation or repeated making of spousal assault, approach of heavy or especially heavy effects of its making, and also the death of person who was affected by spousal assault;

4) the victim of spousal assault - the family member or person equated to the family member concerning whom the spousal assault, and also the children, person with limited opportunities of health who became witnesses of spousal assault is made;

5) negligence - intentional failure in duty on care of family members and persons equated to them, restriction of the right to providing with food, housing and others necessary for normal life and development by conditions, preventing in receipt of medical care, dissatisfaction parents (persons, them replacing) physical, psychological, economic needs of children, their not barrier from danger, restriction of the right of children for receipt of the main general education, non-realization of the actions necessary for receipt of medical care by them if parents (persons, them replacing) have opportunity and access to its obtaining;

6) suppression of spousal assault - the measures directed to the termination of spousal assault, providing protection of life, health, honor and advantage of persons which were affected by spousal assault;

6-1) prosecution - the intentional behavior directed to the face against its will causing in it fear for the safety, which is expressed in initiation of direct or indirect contacts, visit of place of employment, study, stay, accommodation in case of separate accommodation with person making prosecution;

7) persons equated to family members - the persons who are consisting or earlier consisting in the actual marriage relations; person providing content to the disabled person or the child, or person with limited opportunities of health and directly disabled or the minor; parents and children of the spouses, the former spouses or faces which are consisting or earlier consisting in the actual marriage relations; other relatives, irrespective of the cohabitation fact;

8) prevention (prevention) of spousal assault - system of the social, legal, medical, psychological, educational, economic, information and other measures performed by subjects of protection and protection against spousal assault, directed to increase in level of security of citizens, decrease in quantity of offenses and crime rate in the home sphere, identification, elimination of the reasons and conditions creating danger of making of spousal assault and promoting its making;

8-1) direct and indirect contacts - physical approach, contacts or attempts of contacts by means of telephone (calls, messages) and/or electronic communication (messengers, e-mail, social networks), performed as the person who made spousal assault and other persons at its request or from its consent;

9) psychological violence - humiliation, intimidation, insult, intimidation, threat of making of any forms of spousal assault, coercion by threats to making or non-execution by person of any actions which are its right, coercion to making of the offenses or acts posing hazard to life or leading to violation of mental, physical health, restriction of full age persons in the right to communication, including with children, restriction or deprivation of person of right to use with the documents belonging to it including by their destruction, spoil or concealment;

10) spousal assault is intentional actions of physical, psychological, economic nature or their threat, prosecution, and also the negligence made by one member of family / person equated to it concerning other member of family / person equated to it;

11) social service - the organization, organization, irrespective of legal forms and patterns of ownership, the providing social services and the help to persons who were affected by spousal assault;

12) shelter (the center of temporary stay for persons which were affected by spousal assault) - the organization providing safe temporary residence to persons which were affected by spousal assault. Shelters will be organized for women and men separately;

13) physical abuse - direct or indirect intentional physical impact of one member of family / person equated to it on other member of family / person equated to it, deprivation or restriction of possibility of departure of the vital functions, food, housing, clothes, deprivation or restriction of freedom of travel, coercion to hard manual labor;

14) family members are spouses, parents and children, grandmothers/grandfathers and grandsons/granddaughter, guardians/custodians and wards, adoptive parents and the adopted, adoptive parents and adopted children, other persons who accepted on education of children in the procedure established by the law, the former spouses, stepmothers/stepfathers and stepdaughters/stepsons, brothers and sisters (full and not full), the actual tutors and the actual pupils, irrespective of the fact of their cohabitation;

15) economic violence - intentional failure to carry out by one member of family / the member of the family of obligations equated to it on content of other member of family / person equated to it, and also intentional deprivation or restriction of the right of obtaining or the order with the properties or the income intending by law to person, and/or uses of means and property by the authorized representative to the detriment of the principal, will lock or restriction of its right to work, liberty of choice of profession and occupation.

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