On amendments and additions to some legislative acts of the Republic of Kazakhstan on ensuring the rights of women and the safety of children

On amendments and additions to some legislative acts of the Republic of Kazakhstan on women's rights and child safety" and
Detailed information on the draft laws of the Republic of Kazakhstan "On amendments and additions to the Code of the Republic of Kazakhstan on Administrative Offenses on women's rights and child safety" ⤵️ ️ ️ ️ ️
The draft laws were developed in order to implement the Message of the Head of State and are aimed at improving the effectiveness of measures to protect the rights and legitimate interests of women and children.
The first. In order to prevent violence, other cruelty or humiliation of human dignity, a number of norms are provided:
firstly,
criminal liability for causing minor harm to health is restored with punishment in the form of a fine of up to 200 MCI or community service for up to 200 hours or arrest for up to 50 days.
-Criminal liability is restored for beating into custody with a fine of up to 80 MCI or community service for up to 80 hours or up to 25 days.
At the same time, a minor and in the case of committing such actions with special cruelty related to the performance of his official activities or the performance of professional or public duty, may be subject to a restriction of up to 2 years or imprisonment.
Secondly, criminal liability is increasing:
- torture of a minor or a person in a helpless state, causing serious and moderate harm to health. In particular, an alternative form of punishment is excluded as "restriction of freedom" using only deprivation of liberty.
- for the murder of a minor child or pedophilia, an alternative punishment is introduced as "life imprisonment".
Thirdly, the procedure for applying special requirements to the behavior of persons who have committed administrative or criminal offenses against a minor or in the field of family and household relations is regulated.
In particular, by a court decision, they may be assigned to undergo psychological assistance in medical organizations.
In order to protect and protect a victim of violence, the court has the right, in exceptional cases, for a certain period of time, to apply a measure of legal influence in the form of a ban on cohabitation to a person who has committed a criminal offense in the field of family and household relations.
Also, in order to identify the facts of violence in a timely manner, a norm is provided that provides for the possibility of responding to authorized bodies to reports in the media about the facts of violence.
Second. In order to prevent suicide, it is proposed to establish criminal liability for incitement to suicide or suicide with a penalty of imprisonment for a term of five to nine years.
A new criminal liability is also being introduced for propaganda of suicide in the form of a fine of 200 MCI.
In addition, the penalty in the form of a fine of 10 MCI introduces administrative liability for bullying and cyberbullying of a minor.
Third. In order to ensure the protection of the rights of children living in boarding schools, standards are provided for conducting an unhindered examination of conditions of detention (nutrition, education, rehabilitation, treatment, etc.) at socially significant facilities. Thus, in boarding schools for children of all types and forms, state control will be carried out without prior notification of the subject of control.
The deputies also propose standards for the provision of special social services and organizations that provide education and health services for children only on the basis of a license.
Fourth. Norms are being adopted to strengthen the institution of the family and prevent domestic violence..
Thus, at the legislative level, it is proposed to consolidate the principles of marriage and family legislation based on the protection, preservation, strengthening and promotion of traditional family values, as well as on ensuring the moral and spiritual education of children in the spirit of respect for national and traditional family values.
There is a norm for the activities of Family Support Centers.
Today, 68 family support centers operate in the regions to provide comprehensive assistance to families. The centers provide psychological, social and legal assistance to citizens in need on the principle of "one window". In addition, the activities of the centers are currently heterogeneous.
In accordance with this draft law, the centers will implement measures to implement the state family policy, including coordinating work on preserving marriage and family, supporting persons (families) in difficult life situations, and supporting persons with signs of domestic violence.
In addition, it provides for a number of competencies of local executive and representative bodies for the implementation of state family policy. For example, it provides for the approval of the main target indicators for strengthening the institution of the family, identification and comprehensive support for families and others in difficult situations.
Fifth. It should be noted that in the draft law under consideration there is not a single norm related to the problem of removing children from families.
All information regarding the removal of children from families distributed on social networks is false.
The policy of the state is aimed at preserving the family, the child in his own family, preserving the priority of parents over all others in matters of upbringing and child safety.
It should be recalled that only in exceptional cases, when there is an immediate threat to the life or health of a child, state bodies take measures to protect his rights.
To date, within the framework of Article 82 of the Code of the Republic of Kazakhstan "on marriage (matrimony) and family", guardianship and guardianship authorities have the right to take measures to temporarily send a child to a children's organization, that is, a Child support Center, in case of an immediate threat to the life or health of the child.