Legal Literacy. Issues of Domestic Violence Prevention

Domestic violence is one of the pressing issues that are systematically discussed in society.

Timely detection of such facts and bringing the perpetrators to justice established by law play a significant role in the prevention of domestic violence.

The Code of Administrative Offenses of the Republic of Belarus, in addition to liability for intentional infliction of bodily harm that did not cause short-term health disorder or insignificant permanent disability, contains a special provision establishing liability for battery that did not cause bodily harm, intentional infliction of pain, physical or mental suffering committed against a close relative or family member, if such actions do not constitute a crime.

The specified actions are qualified under Part 2 of Article 9.1 of the Code of Administrative Offenses of the Republic of Belarus.

According to Article 4.5 of the Code of Administrative Offenses of the Republic of Belarus, an administrative process under this article can be initiated, and liability under it arises only upon the application of the victim or their legal representative to bring the offender to administrative responsibility.

However, victims cannot always protect their interests independently, being dependent on the violators of domestic peace, or not wishing to bring them to justice for other reasons. Thus, victims of violence create prerequisites for further scandals and the use of physical force against them by domestic hooligans, as the silence about existing problems breeds a sense of impunity and permissiveness in the violators.

In this regard, the Code of Administrative Procedure of the Republic of Belarus provides for an exception to the general rule of initiating an administrative process in cases initiated only at the request of the victim. According to Part 1 of Article 9.4 of the Code of Administrative Procedure of the Republic of Belarus, Article 9.1 of the Code of Administrative Offenses of the Republic of Belarus is the only article under which an administrative process, regardless of the victim's desire, can be initiated by a prosecutor or by their written order by the body conducting the administrative process.

This deviation from the rule is intended to protect victims who, for any reason, are unable to do so themselves or do not wish to do so, thereby endangering their life and health.

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 committed unlawful acts within the family.

Senior Prosecutor of the Department for Supervision
over the Enforcement of Legislation and
Legality of Legal Acts
I. Kryukovskaya