PROBLEMS OF CRIMINALIZATION OF DOMESTIC VIOLENCE IN KAZAKHSTAN AND IN FOREIGN COUNTRIES

Abstract

The article examines the international experience of combating domestic violence on the basis of documents adopted by the United Nations and WHO. The legislative practice of the post-Soviet countries, including Lithuania, Moldova, Ukraine (until February 21, 2022), neighboring Kyrgyzstan, Tajikistan, and Uzbekistan, has been studied. The work of American scientist Evan Stark on the theory of "coercive control", which occurs in almost all forms of domestic violence, but which is not always taken into account during the investigation of an offense, is also studied. The work pays special attention to the UK's experience in combating domestic violence, since this country considers the designated offense as a comprehensive way of restricting human rights, including physical, psychological, sexual and material. Based on international experience, the paper raises the question of the expediency in Kazakhstan to criminalize illegal acts committed in everyday conditions in the light of the current, extremely acute situation. Legal ways to combat the above-mentioned offenses in non-CIS countries and the CIS can be taken into account during the development and improvement of national legislation. The proposed work presents research on the current state of domestic violence in our country and statistical data reflecting trends towards an increase or decrease in the number of domestic violence and their causes. The article uses the method of comparative analysis of legislative acts of both near and far abroad in the field of domestic violence. In the conclusions of the study, a number of provisions are proposed, according to the tasks set, which consist in the fact that there is a need, taking into account the upward dynamics, to tighten responsibility for the commission of domestic violence. It is also proposed to adopt a new legislative act that would establish clear definitions for all types of domestic violence. The authors propose in the new law to criminalize illegal acts committed at home in order to reduce the level of such a dangerous phenomenon for society as domestic violence.