1.1 What are the relevant statutes and codes?
The relevant statutes include the following:
- Constitution of the Republic of Kazakhstan of 30 August 1995 ("Constitution") (https://www.akorda.kz/ru/official_documents/constitution)
- Code on Administrative Offenses of the Republic of Kazakhstan of 5 July 2014 No. 235-V ("Administrative Code") (https://online.zakon.kz/document/?doc_id=31577399)
- Criminal Code of the Republic of Kazakhstan of 3 July 2014 No. 226-V ("Criminal Code") (https://online.zakon.kz/document/?doc_id=31575252)
- Criminal Procedural Code of the Republic of Kazakhstan of 4 July 2014 No. 231-V ("Criminal Procedure Code") (https://online.zakon.kz/document/?doc_id=31575852)
- Code On Marriage (Matrimony) and Family of the Republic of Kazakhstan dated 26 December 2011 ("Family Code") (https://online.zakon.kz/document/?doc_id=31102748)
- Law of the Republic of Kazakhstan of 4 December 2009 No. 214-IV "On Prevention of Domestic Violence" ("Domestic Violence Prevention Law") (https://online.zakon.kz/document/?doc_id=30525680)
- Law of the Republic of Kazakhstan of 4 December 2009 No. 214-IV "On Prevention of Legal Offences" (https://online.zakon.kz/document/?doc_id=30657323);
- Law of the Republic of Kazakhstan of 8 August 2002 No. 345-II "On Children's Rights in the Republic of Kazakhstan" (https://online.zakon.kz/m/document/?doc_id=1032460)
- Law of the Republic of Kazakhstan of 29 June 1998 No. 248 "On accession of the Republic of Kazakhstan to the Convention on the Elimination of all Forms of Discrimination Against Women" (https://online.zakon.kz/document/?doc_id=1009741)
- Law of the Republic of Kazakhstan of 29 December 2008 No. 114-IV "On Special Social Services" (https://online.zakon.kz/Document/?doc_id=30369331)
- Law of the Republic of Kazakhstan of 5 July 2000 No. 72-II "On State Protection of Participants in Criminal Proceedings" (https://online.zakon.kz/document/?doc_id=1018939)
- The Order of the Ministry of Healthcare and Social Development of the Republic of Kazakhstan of 21 December 2016 No. 1079 "On Establishment of Standard of Provision of Special Social Services to Domestic Violence Victims" (https://tengrinews.kz/zakon/pravitelstvo_respubliki_kazahstan_premer_ministr_rk/bpak_i_semya/id-V1600014701/)
- Joint Order of the Ministry of Internal Affairs of the Republic of Kazakhstan of 22 September 2014 No. 630, Ministry of Education of the Republic of Kazakhstan of 26 September 2014 No. 399 and Ministry of Healthcare and Social Development of the Republic of Kazakhstan of 19 November 2014 No. 240 "On Establishment of Criteria of Assessment of Availability of Abuse Which Caused Social Deadaptation and Social Deprivation"
1.2 What is the controlling case law?
Not applicable, as Kazakhstan is a civil law country, and there is no case law and court decisions that have a binding force in Kazakhstan.
1.3 What are the specific parts of the court system that address domestic violence?
The relevant parts of the court system that address domestic violence are local and regional courts and the Supreme Court of Kazakhstan.[1]
1.4 What are potential causes of action?
The primary cause of action is the act/conduct that constitutes "domestic violence" for the purposes of the Domestic Violence Prevention Law. Domestic violence is defined as intentional wrongful conduct (act or omission to act) committed by an individual (natural person) against another person in the context of a family and domestic relationship, causing or threatening to cause physical and/or mental abuse.[2]
There are several types of domestic violence: physical; mental; sexual; and economic (or financial). Those terms are defined as follows:
- Physical violence — intentional injury to health by the use of physical force and by causing of physical pain.
- Mental violence — intentional impact on person's psychology, humiliation and degradation by threats, insult, blackmail or coercion to commit an offense or actions that are dangerous for life or health, and that lead to mental, physical and personal development disruption.
- Sexual violence — intentional wrongful action infringing sexual integrity or sexual freedom of a person, as well as actions of sexual nature with regard to the underage.
- Economic (or financial) violence — intentional deprivation of an individual of shelter, food, clothing, property and means, to which this individual has a legal right.[3]