The presence of violence in the form of human relationships is not normal. However, one cannot deny the existence of the so-called «educational» security measures applied in everyday life by some of our fellow citizens. It is clear that the need for legal intervention of the state in such cruelty in the family, because of the prevalence and recurring nature of such acts.
Oddly enough, domestic violence is a common type of offenses Kazakhstan, but seems difficult to find on the subject any — any information. No specific statistics on this type of crime, there is no specific scientific papers, which have been reflected at least approximate figures on the number of offenses occurring on the topic of domestic violence in the Republic of Kazakhstan.
It seems no accident that this topic remains to be worked out before the end, due to the fact that we are talking about a sensitive and complex subject of relations that are emerging within the family. In our country, where there are mainly patriarchal life, it is difficult to imagine women and children are able to speak frankly on the themes of family scandals. Great Kazakh poet Abai Kunanbaev on this occasion uttered the following: «Modesty that comes from weakness, not a virtue» [1, c.62].
Here it is necessary to speak about the weakness of the spirit and character of individuals who are victims of such crimes. Back in the 15th century Italian preacher and social activist Girolamo Savonarola (1452–1498 years) said that «there is no more harmful animal than human, not following the laws» [2, c.11]. This statement is equally true with regard to the offender, and in relation to his victim. It was the realization of impunity encourages family tyrant new manifestation of his boundless power in the family.
The main law of our country — the Constitution — ensures us to protect our legal rights and interests. This topic is devoted an entire section titled «Man and the Citizen». More than others would like to draw the attention of potential victims of domestic violence to articles 13 and 17 of the Constitution of the Republic of Kazakhstan, which is regulated, that «everyone has the right to recognition before the law and has the right to defend their rights and freedoms by all means not contradicting the law including self-defense; everyone has the right to judicial protection of their rights and freedoms; everyone has the right to qualified legal assistance ". [3]
In cases stipulated by law, legal assistance is provided free of charge. And Article 17 says right on the inviolability of human dignity and that no one shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
It seems to us, these articles are painted over the rights of people that can be in a situation with the manifestation of domestic violence. Ignorance of the law of the state in which you reside and unwillingness to protect themselves from such criminal manifestations and has a convenient ground for impunity prosperity of such offenses, with which are manifestations of domestic violence.
For the modern understanding of the problem of violence must be included in the consideration of a number of non-traditional factors, in particular, take into account that represent people whose consciousness and actions are subject to legal regulation. It is therefore necessary to consider not so much the individual facts and build scientific typology as to clarify — to whom should be calculated legislation. In other words, you should be interested in the consideration of certain social and cultural conditions and bases of human behavior, which willingly or unwillingly imposed a legally enforceable. Ignoring affecting the «subtext» threatens to warp factors in understanding the meaning of a situation in which there is a right.
Analysis of the situation of violence, the study is carried out using gender methods. This approach is fundamental, as it allows to discuss a number of aspects that are relevant to the nature of the problem. Gender methods reveal the «work culture that separates individuals on the Verge» masculine «and» feminine ", while creating these» social body ", which has focused on the» male «or» female «behavior. In our opinion, this is done through the use of special channels of power: not the power that is concerned about the problems of the electorate and election campaigns, and the one that forms at the level of individuals motives, attitudes, aptitudes, t. E. What is most likely, with the subconscious mind, emotions and «feeling body» and not to the scope of conscious beliefs and rational considerations (the latter so carefully controlled power in its classical sense). This type of power can be attributed to a special «micropowers».
For consideration of this aspect is important that in this case, the strategy is power, i.e. the strategies implemented by force. An attempt is made on the basis of gender methodology, describe social technologies by which the intrusion into the sphere of social corporeality, i.e. primary, not yet conscious attitudes and intentions. For example, male and female sexuality, in our opinion, is not an expression of nature, it is always generated enough force is regulated and controlled by a special social technologies. When these technologies are changing, the change and about the nature of sexuality (this paradigm shift has occurred in Kazakhstan in the 1990s.)
When we talk about violation of citizens' rights to freedom from violence, we must remember that among the persons subjected to violence, women make up the vast largest contingent; they are objects of violent actions that are typical of our society.
The allocation of the right of women to freedom from violence in a separate subject of analysis for Kazakhstan is unconventional. It's safe to say that in the public mind the question of violence against women is still not recognized as a specific social problem. In order to understand this problem, we need research funds that would have broken do not meet the modern understanding of concepts about the nature of violence against women and about the roots of violence. This would contribute to a change in public assessment of the phenomenon. The fact that violence against women is still understood primarily as a result of the manifestation of natural and controlled male aggressiveness, often sexual passion.
At first glance, the problem of violence against women fairly trivial. However, on closer examination, it becomes clear that the situation is far from being such. The fact that until recently it was very little affected by a formal and ongoing research, is not accidental. There are a number of reasons within science itself, in virtue of which it appears insufficiently transparent. The problem of violence against women, oddly enough, has its methodological specificity. It can serve as a shining example of rethinking the question was if it is connected to a public examination. Therefore, our study on the rights of citizens shall be held not in terms of the law (in which issues such as women's rights, it is difficult to distinguish due to the peculiarities of its own build). We are more interested in the social aspect of the problem.
As practice has shown in recent years, only with the support of the emerging women's movement in the country has become possible to formulate a different roots and causes of this type of crime and to bring this understanding in social life, so to speak, de facto. We have in mind primarily the work of crisis centers for women, the existence of which, by the way, is connected with a certain paradox: only after the organization was recognized by the specificity of the problem of violence against women; before that same moment needs to be seen in themselves crisis centers [4, p.78]. Equally important is the task and the actual conceptual understanding of the problem.
In connection with the general increase in social tension in Kazakhstan society, the analysis of issues related to violence, is of particular relevance. On the one hand, no one objected to the fact that social tensions increased, on the other — there is no noticeable attempts to link this situation with particular violence socio — cultural character. Perhaps the researchers, as part of modern society, and shared his prejudices regarding the long-awaited achievement of freedom. Therefore, an attempt to connect the two polar ideas cause intellectual resistance. Whatever it was, but the situation is waiting for its judgment.
We think that it would be very helpful:
- Following the example of the Criminal Code of the Russian Federation to put into art. 39 of the Criminal Code as an additional form of punishment termination of parental rights, which would apply to the parents if the offense involves the abuse of parental rights, or committed by a parent in respect of their minor children, a spouse;
- On probation convicted of a crime involving domestic violence, impose a duty to undergo rehabilitation;
- Also seems necessary to conduct a comprehensive analysis of the problem of domestic violence in Kazakhstan through an anonymous survey of the population on this issue.
References:
1. Abay Kunanbaev — Complete Works. 11 volume.62p.
2. Pisklakova M. Sinelnikov A. Anatomy of violence / social workers on the issue of domestic violence /. Moscow, 2001.
3. The Constitution of the Republic of Kazakhstan dated August 30, 1995, as amended on October 7, 1999.
4. Violence against women: preventing and managing the consequences. Handbook / ed. B. Tugelbaeva. Bishkek, 2002.
