Совершенствование нормативно-правового регулирования превенции административных правонарушений в семейно-бытовой сфере

Abstract

Purpose. The purpose of the study is a systematic analysis of the socio-legal aspects of domestic violence and the development of proposals aimed at the prevention of administrative offenses in the family and household sphere. The relevance of the research topic is due to the need to study the legislative regulation and law enforcement practices of law enforcement agencies in the field of family and domestic violence prevention in order to increase the effectiveness of preventive measures implemented by law enforcement officers and other prevention actors. The article analyzes prevention as one of the activities of the law enforcement agencies of the Russian Federation and the Republic of Kazakhstan.Methods. The regulatory framework of the study is presented by the administrative legislation of the Russian Federation and the Republic of Kazakhstan. The methodological basis of the conducted research was the dialectical method of cognition, as well as logical-legal, comparative-legal, systemic-structural, sociological and some other methods.Results. The review of the powers of the police of the Russian Federation and the Republic of Kazakhstan allowed us to draw conclusions about the similarity of the main areas of activity for the prevention of offenses, at the same time, the adopted package of amendments to the legislation of the Republic of Kazakhstan allowed to reduce the number of committed offenses in the area under study. Based on the analysis of the legislation of the Republic of Kazakhstan, it is proposed to establish new administrative and legal mechanisms for the prevention of administrative offenses in the family and household sphere in the Russian Federation, which, according to the authors, will reduce the number of illegal acts committed.Conclusions. The necessity of correcting some provisions of administrative legislation is substantiated – the unification of the signs of an administrative offense (family rowdiness, domestic hooliganism) is proposed on the basis of a single conceptual framework. It is proposed to create institutions for the temporary accommodation of members in whose families there is a difficult life situation, as well as those affected by family violence. The authors also point out the need to establish responsibility for the late notification by the subjects of prevention of the facts of the law enforcement agencies' rowdiness.