ADMINISTRATIVE AND CRIMINAL LAW REGULATIONS GOVERNING LIABILITY FOR DOMESTIC VIOLENCE IN THE REPUBLIC OF UZBEKISTAN

Abstract

This article analyzes the experience of the Republic of Uzbekistan regarding the administrative, legal, and criminal regulation of liability for domestic violence. It is noted that the Republic of Uzbekistan lacks a specific regulatory act dedicated to the prevention and combating of domestic violence. One of the main documents governing this issue is the Law “On the Protection of Women from Harassment and Violence”. It is emphasized that, depending on the presence or absence of certain elements, an act of domestic violence is classified under Articles 59-2 of the Code of the Republic of Uzbekistan on Administrative Liability or under Article 126-1 of the Criminal Code of the Republic of Uzbekistan. At the same time, the act is considered a criminal offense if the perpetrator has previously been subject to an administrative penalty for committing domestic violence, or if the perpetrator caused bodily injury as a result of domestic violence. It is noted that the legislature of the Republic of Uzbekistan considers physical domestic violence to be a greater threat to society than economic and psychological violence. It is proposed to incorporate into the Criminal Code of Ukraine the experience of the Republic of Uzbekistan regarding the establishment of bodily injuries of varying degrees of severity inflicted on a victim of domestic violence as qualifying (or particularly qualifying) elements of domestic violence. It is noted that such a decision would help avoid the contradictions currently observed in practice and, as a result, would facilitate the correct classification of the perpetrator’s actions and the application of the most appropriate measures of state coercion to ensure the perpetrator’s rehabilitation.