Administrative responsibility for domestic violence

Despite the general improvement in behavioral culture in modern society, domestic violence remains a pressing social issue.

Most often, the direct victims of such violence are women – wives, mothers, cohabitants. Children, who are direct witnesses of unlawful behavior, suffer no less psychological trauma during domestic violence.

In the Republic of Belarus, in order to prevent and suppress domestic violence, the organization of work by bodies and institutions for the prevention of family violence, the protection of the rights of victims of such violence, and their rehabilitation is enshrined at the legislative level.

In particular, a number of legislative acts have been developed and are in force, establishing a system for organizing the work of prevention bodies to prevent domestic violence.

A significant role in the prevention of family violence is played by the timely identification of such facts and the bringing of guilty persons to justice established by law.

The Code of the Republic of Belarus on Administrative Offenses (hereinafter referred to as the Code) in addition to liability under Part 1 of Article 10.1 of the Code for intentional infliction of bodily harm, contains a special provision providing for liability also for intentional infliction of pain, physical or mental suffering committed against a close relative, family member, or former family member, if these actions do not constitute a crime. The specified actions are qualified under Part 2 of Article 10.1 of the Code and entail the application of an administrative penalty in the form of a fine of up to 10 base units, or community service, or administrative arrest.

According to Article 4.4 of the Code, an administrative process under Article 10.1 of the Code may be initiated, and liability under it arises upon the application of the victim or their legal representative to bring the offender to administrative responsibility. In order to protect victims, regardless of their demands, in cases established by Article 4.4 of the Code, an administrative process in such cases may be initiated by the prosecutor or by his written order by the bodies conducting

administrative process, namely by internal affairs bodies.

An administrative process initiated in this way is not subject to termination in case of reconciliation between the victim (legal representative) and the offender, and ensures the inevitability of punishment for the guilty person for the committed domestic violence.

Senior Assistant Prosecutor of the Vitebsk Region for Supervision over the Enforcement of Legislation on Crime Prevention and Other Offenses I.V. Kryukovskaya