The police become involved upon receipt of information about acts of domestic violence. The police are authorized to do so under both the current legislation and the Draft Law.

A criminal case can only be instituted based on a crime report filed by, among others, an offender, a victim or a witness.

The following legislation is relevant in this regard:

• Article 140 of the Criminal Procedure Code (as amended)
• Article 28.1 of the Code of Administrative Offenses (as amended)
• Article 17 of the Draft Law

Suspects have the right to a lawyer from the moment of their actual detention by the police. Law firms may also provide legal support in domestic violence cases at the victim's request.

Both the suspect and the accused have the right to a free-of-charge legal counsel. Upon the request of the suspect or the accused, the prosecutor appoints a legal counsel.

The fees of the free-of-charge legal counsel are paid by the Russian federal budget. The prosecutor appoints the legal counsel and the suspect or the accused has no right to choose who will represent them.

The following legislation is relevant in this regard:

• Article 2 of Federal Law No. 324-FZ "On Free Legal Aid in the Russian Federation" dated 21 November 2011 (as amended)
• Article 16 of the Criminal Procedure Code (as amended)
• Article 25 of Federal law No. 63-FZ "On Advocacy and the Bar in the Russian Federation" dated 31 May 2002

Yes, there are rules of evidence evaluation. Only lawfully acquired evidence is admissible in court.

Articles 75 and 88 of the Criminal Procedure Code (as amended) are relevant in this regard.

Yes. Any doubts are to be interpreted in favor of the defendant; proof "beyond reasonable doubt" must be presented.

Yes. The accused has the right to provide explanations and evidence or to refuse to provide explanations or evidence.

Articles 46 and 47 of the Criminal Procedure Code (as amended) are relevant in this regard.

Yes, in both the current legislation and the Draft Law. According to the Draft Law, domestic violence is intentional physical or mental harm, property damage or a threat of such action.

The following legislation is relevant in this regard:

• Articles 5 and 24-27 of the Criminal Code (as amended)
• Article 2 of the Draft Law

Yes, false accusations are a criminal offense. False accusations are punishable by a fine in the amount of up to RUB 120,000 or in the amount of a wage/salary or any other income of the offender for a period of up to one year; or by obligatory labor for a term of up to 480 hours; or by corrective labor for a term of up to two years; or by compulsory labor for a term of up to two years; or by arrest for a term of up to six months; or by deprivation of liberty for a term of up to two years.

The Draft Law does not establish any additional sanctions for false accusations.

Article 306 of the Criminal Code (as amended) is relevant in this regard.

Consent is not discussed in the law. There is no definition of consent in connection with domestic violence in the current legislation or the Draft Law. Any act of domestic violence is presupposed to occur without the victim's consent.

The Draft Law is relevant in this regard.

Yes, both are a defense. Self-defense is a circumstance that excludes the criminality of the offense. Offenders who use insanity as a defense cannot be subject to criminal liability.

The following legislation is relevant in this regard:

• Articles 21, 37 and 39 of the Criminal Code (as amended)
• Article 4.1 of the Code of Administrative Offenses (as amended)

A witness is obligated to testify honestly and completely. A witness is obligated to perform the following:

• appear when summoned by an inquiry officer, investigator, prosecutor or court
• testify honestly and completely

Failure to comply with these obligations results in preventive measures and liability.

Article 56 of the Criminal Procedure Code (as amended) is relevant in this regard. Articles 7.7, 17.9 and 25.6 of the Code of Administrative Offenses (as amended) are also relevant in this regard.

Close relatives and the spouse of the accused may abstain from testifying. Witnesses have the right to refuse to testify against themselves, their spouses and other close relatives (including parents, children, adoptive parents, adopted children, brothers and sisters, grandfathers, grandmothers, and grandchildren).

Article 25.6 of the Code of Administrative Offenses (as amended) is relevant in this regard.

Witnesses can raise a kinship "excuse." Witnesses have the right to refuse to testify against themselves, their spouses and other close relatives (including parents, children, adoptive parents, adopted children, brothers and sisters, grandfathers, grandmothers and grandchildren).

The following legislation is relevant in this regard:

• Article 56 of the Criminal Procedure Code (as amended)
• Article 25.6 of the Code of Administrative Offenses (as amended)

Russian law has no provisions on the impact of domestic violence on witnesses who are children.

Yes, children can be called upon to testify. Children can only be called upon to testify in the presence of their parents or legal representatives and a social worker/psychologist.

Articles 113, 191 and 280 of the Criminal Procedure Code (as amended) are relevant in this regard.

Domestic violence against a child results in more severe liability.

• A crime against a minor is an aggravating circumstance. Article 63 of the Criminal Code (as amended) is relevant in this regard.
• Physical or mental violence by means of systematic beating or any other violent actions against a minor is punishable by imprisonment of three to seven years. Section 2 of Article 117 of the Criminal Code (as amended) is relevant in this regard.
• Illegal deprivation of a minor's liberty not related to an abduction is punishable by compulsory labor for a term of up to five years or by deprivation of liberty for a term of three to five years (compared to imprisonment for up to two years in cases not involving minors). Article 127 of the Criminal Code (as amended) is relevant in this regard.

There is neither a definition of domestic violence nor a special domestic violence regulation in Russian law. General rules of punishment apply to domestic violence cases.

Below we provide a list of crimes related to domestic violence and penalties corresponding to them.

1. Battery or the commission of similar violent actions causing physical pain but not involving any short-term health disorder or minor persistent general disability is punishable by:

• an administrative fine in an amount from RUB 5,000 to RUB 30,000
• administrative arrest for a period of 10 to 15 days
• compulsory labor for a period of 60 to 120 hours

The decriminalization of this offense has led to an increase in the number of domestic violence offenses.

Article 6.1.1 of the Code of Administrative Offenses (as amended) is relevant in this regard.

2. Beatings or other violent actions causing physical pain but not involving short-term health disorders or minor persistent general disabilities committed out of hooligan motives and political, ideological, racial, national or religious hatred or enmity is punishable by:

• compulsory labor for a term of up to 360 hours
• corrective labor for up to one year with a restriction of liberty for up to two years
• arrest for up to six months
• imprisonment for up to two years

Article 116 of the Criminal Code (as amended) is relevant in this regard.

3. Beatings or other violent actions causing physical pain but not involving any short-term health disorders or minor persistent general disabilities and not containing signs of corpus delicti provided for in Article 116 (see the previous section) by a person subjected to an administrative punishment for a similar act (see the first described domestic violence offense) is punishable by:

• a fine of up to RUB 40,000, or in the amount of the wage or salary or any other income of the convicted person for a period of up to three months
• compulsory labor for a term of up to 240 hours
• corrective labor for up to six months
• arrest for up to three months

4. Intentional minor injury that temporarily damages health or causes an insignificant but stable loss of general capacity to work is punishable by:

• a fine of up to RUB 40,000, or in the amount of the wage or salary or any other income of the criminal for a period of up to three months
• compulsory works for up to 480 hours
• corrective labor for up to one year
• arrest for up to four months

Article 115 of the Criminal Code (as amended) is relevant in this regard.

5. Intentional injury of medium gravity that is not life-threatening but causes a protracted health injury or a considerable stable loss of general capacity to work by no less than one-third is punishable by:

• restriction of liberty for a term of up to three years
• compulsory labor for a term of up to three years
• arrest for a term of up to six months
• imprisonment for up to three years

Article 112 of the Criminal Code (as amended) is relevant in this regard.

6. Physical or mental violence by means of systematic beating or any other violent action is punishable by:

• restriction of liberty for up to three years
• compulsory labor for up to three years
• imprisonment for up to three years

Article 117 of the Criminal Code (as amended) is relevant in this regard.

7. Threat of murder or infliction of severe bodily harm in case of real grounds to fear the threat is punishable by:

• restriction of liberty for up to two years
• compulsory labor for up to 480 hours
• forced labor for up to two years
• arrest for up to six months
• imprisonment for up to two years

Article 119 of the Criminal Code (as amended) is relevant in this regard.

8. Rape, i.e., sexual intercourse using violence or threats of its use or using the victim's helpless state, is punishable by imprisonment for up to six years.

Rape of a minor over the age of 14 is punishable by imprisonment for up to six years.

Rape of a minor under the age of 14 is punishable by imprisonment for up to 20 years.

Article 131 of the Criminal Code (as amended) is relevant in this regard.

9. Sodomy, lesbianism or other actions of a sexual nature using violence or threats of its use or using the victim's helpless state is punishable by imprisonment for up to six years.

The same violation in relation to a minor over the age of 14 is punishable by imprisonment for up to 15 years.

The same violation in relation to a minor under the age of 14 is punishable by an imprisonment up to 20 years.

Article 132 of the Criminal Code (as amended) is relevant in this regard.

10. Forcing sexual intercourse, sodomy, lesbianism or other acts of a sexual nature by means of blackmail, threat of destruction, damage or confiscation of property, or using material or other necessities of the victim is punishable by:

• a fine of up to RUB 120,000, or in the amount of the wage or salary or any other income of the convicted person for a period of up to one year
• compulsory works for up to 480 hours
• corrective labor for up to two years
• forced labor for up to one year

Article 133 of the Criminal Code (as amended) is relevant in this regard.

11. Sexual intercourse with a person under the age of 16 committed by a person who has reached the age of 18 is punishable by:

• compulsory works for up to 480 hours
• restriction of liberty for up to four years
• forced labor for up to four years
• imprisonment for up to four years

Article 134 of the Criminal Code (as amended) is relevant in this regard.

12. Nonviolent indecent assault of a person who has not reached the age of 16 by a person who has reached the age of 18 is punishable by:

• compulsory works for up to 440 hours
• restriction of liberty for up to three years
• forced labor for up to five years
• imprisonment for up to three years

Article 135 of the Criminal Code (as amended) is relevant in this regard.

13. Negligent murder, i.e., causing death due to levity or negligence, is punishable by:

• corrective labor for up to two years
• restriction of liberty for up to two years
• compulsory labor for up to two years
• imprisonment for up to two years

Article 109 of the Criminal Code (as amended) is relevant in this regard.

14. Driving a victim to suicide or driving a victim to attempted suicide by means of threats, cruel treatment or systematic humiliation of the victim's human dignity is punishable by:

• corrective labor for up to five years
• restriction of liberty for up to six years

The same violation in relation to a minor or a person knowingly in a helpless state or in material or other dependence of the guilty person is punishable by a restriction of liberty for up to 15 years.

Article 110 of the Criminal Code (as amended) is relevant in this regard.

15. Murder is punishable by imprisonment for between six and 15years.

Article 105 of the Criminal Code (as amended) is relevant in this regard.

16. Pursuant to the Draft Law, a domestic violence act (which is not a criminal or an administrative offense) results in protection measures imposable by protection orders, including an order to leave the victim's place of living or restriction of any contact with the victim.

There are no new sanctions or punishments other than those provided by the Criminal Code and the Code of Administrative Offenses in the Draft Law.

Articles 24 and 25 of the Draft Law are relevant in this regard.

17. Nonaggravated battery is punishable by:

• a fine from RUB 5,000 to RUB 30,000
• arrest for up to 15 days
• compulsory labor for up to 120 hours

This is a reasonably new clause introduced in 2016. The clause decriminalized certain types of domestic violence that led to a drastic increase in the number of cases and it was condemned by the European Court of Human Rights in Volodina v. Russia.

Article 6.1.1 of the Code of Administrative Offenses is relevant in this regard, including the case Volodina v. Russia of the European Court of Human Rights —https://hudoc.echr.coe.int/fre#{%22itemid%22:[%22001-194321%22]}.

Yes, as described above.

As of the date of this publication, there is no procedure for issuing orders for protection in Russia.

According to the Draft Law, a violation of a court protection order is punishable by:

• compulsory works for up to 50 hours
• administrative arrest for up to 15 days
• a fine from RUB 15,000 to RUB 30,000

According to the Draft Law, a violation of or noncompliance with a protective order is punishable by:

• compulsory works for up to 40 hours
• a fine from RUB 10,000 to RUB 20,000.

A repeat violation is punishable by:

• compulsory works for up to 50 hours
• administrative arrest for up to 15 days
• a fine from RUB 15,000 to RUB 30,000

The Draft Law is relevant in this regard.

Fines depend on the convicted person's salary. There are also compulsory works and corrective labor. For example, battery is punishable by:

• a fine of up to RUB 40,000 or in the amount of income of the convicted person for three months
• compulsory works for up to 360 hours
• corrective labor for up to six months or arrest for up to three months

Article 116.1 of the Criminal Code (as amended) is relevant in this regard.

Article 1 of the Draft Law is relevant in this regard.

2. A domestic brawl is provided for in the Draft Law.

 A domestic brawl is a violation of the rights of family members or individuals living with the offender, to their health, honor or dignity and to rest in a residential building, including accompanied by obscene language, as well as destruction and/or property damage or noise.

This entails the imposition of an administrative fine in the amount of RUB 500 to RUB 1,000.

A repeat violation is punishable by:

• an administrative fine in the amount of RUB 1,000 to RUB 2,000
• compulsory works for up to 50 hours
• administrative arrest for up to 15 days

Article 1 of the Draft Law is relevant in this regard.

No.