6. Special issues
Jump to
6. Special issues Start Comparison
6.1 Battered woman syndrome

6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)

The laws of Uzbekistan do not position battered woman syndrome or other domestic abuse as a specific or presumably efficient line of affirmative defense. At the same time, the Criminal Code (Article 37) operates with the necessary (justifiable) defense concept. If a battered woman commits a crime (e.g., murder, bodily harm) for reasons of domestic abuse, this may be presented as the necessary (justifiable) defense. This includes proving that the actions of the battered woman were not clearly incommensurate to the nature and degree of (immediate) threat coming from a domestic abuser. Generally, the necessary (justifiable) defense test is high.

6.2 Domestic violence in the workplace

6.2.1 Can courts issue orders to protect employees suffering from domestic violence?

Protective orders are issued to women suffering from domestic violence, pursuant to Article 23 of the Women Protection Law. The order protects a woman as such, not as an employee. Protective orders can restrict contacts between a woman and her domestic abuser but allow indirect contacts between them at work. At the same time, labor authorities in Uzbekistan have the right to implement preventive measures aimed at eliminating harassment (oppression) and violence at workplaces and enhancing the proper culture of relations with women at work.

6.2.2 Can departure be deemed "for good cause" if related to domestic violence?

The laws and practice in Uzbekistan do not elaborate any specific approach to the employee's departure in case of domestic violence. Generally, an employee has the right to terminate its employment without explaining a cause, with a two-week prior notice.

If a domestic violence victim is placed into a shelter, her workplace will be retained, regardless of whether she is in a position to attend to work, according to Article 28 of the Women Protection Law. Pursuant to the same provisions of the law, such a woman cannot also be expelled from an educational institution for absenteeism while being in a shelter.

6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

There are no such specific provisions in the laws of Uzbekistan.

6.3 Immigration

6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?

The laws of Uzbekistan do not include such a provision. Generally, Uzbekistan is not a very popular migration destination, hence less attention is paid to this issue.

6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?

The laws of Uzbekistan are silent on this.

6.3.3 Does domestic violence law discuss asylum accessibility?

The domestic violence law of Uzbekistan (the Women Protection Law) does not discuss asylum accessibility.

6.4 Armed forces

6.4.1 Can a victim seek a military protective order if the abuser is in active military?

 There is no such specific type of order as a military protective order. Only a general protective order may be issued. It should be noted that although a protective order may include the ban on keeping weapons, such ban will not apply to service weapons.

6.5 Child custody and child/spousal support

6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

The Women Protection Law is silent regarding the custody or visitation of children. A separate protection order for underage females (as immediate victims of domestic violence) may be issued, in accordance with Article 24 of this law, further to the request of an underage female herself, her legal representative (mother or father), or a custody authority.

There are only general rules in the Family Code regarding custody and visitation of children, mainly in divorce situations. The court will take into account all circumstances, including the arguments of family members, to take the respective decision. Article 79 of the Family Code provides that parents (or one of the parents) may be deprived of parental rights if they perform physical or psychological violence against the child. If both parents are deprived of parental rights, the child will be put under custody.

Apart from that, there is no rule for automatically annulling parental rights of a domestic abuser. Parental rights include the right to see a child and to participate in decisions on upbringing and education of children. A parent may be deprived of his/her parental rights in the court in a limited number of cases, including when he or she performs physical or psychological violence against the child or is sentenced for a crime against life or health of his/her child or spouse (i.e., issuing a protective order against a parent as such does not qualify as grounds for annulling parental rights).The parental rights cannot be exercised contrary to the interests of children.

6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?

A judge will consider all evidence, including the testimonies of both spouses and children, when determining child custody. According to Article 68 of the Family Code, a child will have the right to be heard in the course of any litigation affecting its rights and legitimate interests. At the same time, no testimony or other evidence has predefined validity for the court. The court will act in the best interests of a child when it resolves on issues affecting these interests.

6.6 Housing rights of domestic violence victims

6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?

The Women Protection Law as well as other laws of Uzbekistan do not include specific barriers preventing landlords from forcing a tenant to move out because she or he is a victim of domestic violence. 

6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?

The Women Protection Law as well as other laws of Uzbekistan do not specifically allow tenants to terminate lease early due to domestic violence.

6.6.3 Can an order exclude the abuser from the residence?

A protective order may include a prohibition for the woman and her abuser to occupy the same premises. At the same time, it is not exactly a requirement for the abuser to leave the residence. Rather, the law implies that a woman will move to the shelter in such cases. The standard maximum term of a protection order (30 days) is the same as the standard maximum term of accommodation in a shelter. 

6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?
The Women Protection Law does not envisage that a protective order may prohibit the alienation of the domestic abuser's property being a family domicile. General provisions of family and housing laws of Uzbekistan will apply. Where the property does not represent common property of spouses, the family members of a domestic abuser that is the property owner have the right to reside in the respective property. Privatized apartments or houses (i.e., those earlier state-owned but transferred into the private property of residents by virtue of law) can be sold only with the consent of adult family members.