A person is deemed to be in a family and domestic relationship with another person if the person is or has previously been married to another person, is living in the same household with the other person, is a close family member of that other person or has a common child with that other person.

There is a draft of a new Law "On Fighting Family and Domestic Violence" that was announced by the government in March 2020 ("Draft Law"). The Draft Law generally contains the same definition of the term "domestic violence," except that it refers to sexual and financial abuse (in addition to the physical and mental abuse mentioned in the current definition).

This is not specifically defined in the current legislation or in the Draft Law.

This is not specifically defined in the current legislation or in the Draft Law.

"Victim" is defined in the Domestic Violence Prevention Law^[8] as an individual (natural person) concerning whom there is a good reason to believe that he or she suffered from moral, physical or property damage as a result of domestic violence.

However, the Draft Law contains a different definition of the term "victim," as follows: an individual (natural person) who suffers from physical, sexual, psychological or financial violent actions of another person.

Therefore, unlike the existing Domestic Violence Prevention Law, the Draft Law does not refer to "moral, physical or property damage," and instead focuses on different types of violent actions of the abuser.

This is not specifically defined in the current legislation. However, the Draft Law refers to a "person who committed domestic violence," defined as a person who abuses another person's rights through engaging in conduct constituting domestic violence or who threatened domestic violence.

Please see Section 4 (Protection for domestic violence victims and relief granted) below.

This is not specifically defined in the legislation. However, please see the response to Section 1 (Legal provisions: What are potential causes of action?) above.

This is not specifically defined in the legislation. Thus, the Criminal Code (Article 120) does not distinguish between marital rape and any other forms of rape. In accordance with the Criminal Code, rape is sexual intercourse accompanied with the threat or use of force against the victim or other persons, or while the victim is helpless.

Yes. The following additional terms are relevant:

Difficult living situation

Is a situation that is deemed to disturb the vital activity of an individual in accordance with the Law of the Republic of Kazakhstan No. 114-IV "On Special Social Services" of 29 December 2008 and that this individual cannot overcome independently. Abuse is listed as one of the possible difficult living situations.

Abuse that causes social deadaptation and social deprivation

Actions committed in the form of domestic violence, human trafficking, including with regard to minors, other types of exploit, as well as kidnapping regardless of whether a criminal case has been opened regarding these actions.^[9]