Last Change:

03/16/2025

Law of the Republic of Tajikistan on the Prevention of Domestic Violence

Year: 2013

Type: Domestic law

Rights Category: Health, Liberty & security of person

Description

Закон Республики Таджикистан о предупреждении насилия в семье

Selected provisions
Article 4 - Scope

This Law applies to citizens of the Republic of Tajikistan, foreign citizens, and stateless persons residing in the Republic of Tajikistan who are married, as well as their family members and individuals living together in a shared household

Article 6 - Rights of the Victim

The victim has the following rights: To receive medical, psychological, legal, and social assistance; To be placed, with their written consent, in support centers, medical, or social rehabilitation centers or departments for victims; To receive legal consultation and other information regarding their personal safety protection; To appeal to public self-governing bodies for public condemnation of the perpetrator of domestic violence; To file a complaint with law enforcement agencies, the prosecutor’s office, or the court to hold the perpetrator of domestic violence accountable.

Article No.17 - Centers or Departments of Medical-Social Rehabilitation for Victims

1) Centers or departments of medical-social rehabilitation for victims, depending on specific needs, are established by the decision of the local executive body of government in coordination with health authorities in central city, district hospitals, or urban and district clinics and are not legal entities. The working schedule of the centers or departments of medical-social rehabilitation for victims must align with the schedule of hospitals and clinics.

2) The costs associated with conducting medical-social rehabilitation for victims are reimbursed by the person who committed domestic violence, according to the tariff established for healthcare institutions.

3) A victim is placed in centers or departments of medical-social rehabilitation based on their application or referral from the appropriate state authorities. To place a minor victim in these centers, the consent of the parents or guardians, or the child protection authorities, is required.

4) A victim stays in centers or departments of medical-social rehabilitation for the period necessary for their treatment, psychological, and social rehabilitation.

5) Centers or departments of medical-social rehabilitation for victims perform the following tasks:

- Providing primary medical, social, psychological, and other types of assistance;

- Referring the victim for appropriate treatment, if necessary;

- Providing, when necessary, information to the relevant law enforcement authorities about the violence committed, with the victim's consent;

- Providing information about cases of domestic violence upon request from other entities involved in preventing domestic violence.

Article No.18 - Individual Measures for Preventing Domestic Violence

1) Individual measures for preventing domestic violence, as a targeted influence on the consciousness and behavior of the person who committed domestic violence, are applied to prevent the commission of offenses and ensure the safety of the victim.

2) Individual measures for preventing domestic violence include:

- Educational conversations;

- Delivery of the person who committed domestic violence to law enforcement authorities;

- Protective orders;

- Administrative detention;

- Implementation of measures provided for by the legislation of the Republic of Tajikistan, including measures of coercion with a medical nature;

- Deprivation of parental rights, annulment of adoption, guardianship, and custodianship in the manner prescribed by the legislation of the Republic of Tajikistan;

- Placement of the victim in support centers, centers, or departments of medical-social rehabilitation for victims.

3) Individual measures for preventing domestic violence are applied taking into account the individual characteristics of the person to whom these measures are applied and the danger posed by their actions.

4) A ruling on the application of individual measures for preventing domestic violence can be appealed by interested parties in the manner established by the legislation of the Republic of Tajikistan.

Article No. 22. Administrative Detention

In order to prevent domestic violence that constitutes an administrative offense and when a protective order is insufficient to ensure the safety of the victim, an official of the internal affairs authorities, in accordance with the legislation of the Republic of Tajikistan, shall carry out the administrative detention of the person who committed domestic violence.

Article No.20 - Educational Conversation

1) An educational conversation with a person who has committed domestic violence and the victim is conducted by entities involved in preventing domestic violence to identify the causes and conditions that contributed to the violence, explain its socio-legal consequences, and restore and strengthen the family bond.

2) The educational conversation takes place in the office of the entities involved in preventing domestic violence, as well as at the place of residence, study, or work of the individuals involved.

3) The person with whom the educational conversation is conducted is warned about the termination and inadmissibility of repeated unlawful actions.

4) The educational conversation with minors is conducted in the presence of the parents, a teacher, or another legal representative.

Article No.21 - Protective Order

1) The basis for issuing a protective order is a report regarding the commission of an act of domestic violence or the threat of its commission.

2) The person who receives the protective order is obligated to comply with all the conditions specified in it. If these requirements are not met, the person is subject to administrative liability in accordance with the legislation of the Republic of Tajikistan.

3) The protective order is issued to a mentally competent person who has committed domestic violence and is at least 16 years old at the time of its issuance.

4) The protective order is issued by the head or deputy heads of the internal affairs department at the location of the domestic violence and must be issued within 24 hours from the moment the violence occurs, the moment a report is made regarding the violence, or the threat of violence to the person who has committed violence against a family member.

5) The protective order is issued for a period of up to 15 days. Based on the request of the victim or their legal representative, and with the approval of the head of the internal affairs department and the prosecutor, the term of the protective order may be extended to a maximum of 30 days.

6) The protective order specifies the surname, first name, and patronymic of the person who has committed the domestic violence or made a threat of violence, the time and place of its issuance, the time, place, and circumstances of the violence or threat, the prescribed requirements and the term of their enforcement, the legal consequences in case of continuing unlawful actions and non-compliance with the requirements of the protective order, as well as the position, surname, first name, and patronymic of the authorized person who issued the order.

7) The protective order against the person who committed domestic violence may include the following requirements:

- Prohibition of any form of violence against the victim, including actions contrary to the victim's will such as searches, surveillance, visits, negotiations, and other actions that limit the victim's rights and freedoms;

- A recommendation for the timely return to the home;

- Prohibition of the consumption of alcoholic beverages and intoxicating substances during the term of the protective order.

8) Failure to comply with the requirements specified in part 7 of this article, which results in administrative liability, does not interrupt the term of the protective order.

9) The protective order can be appealed in court. The complaint must be considered within three days. The appeal in court does not suspend the effect of the protective order.

10) A copy of the protective order is provided to the victim.

11) The internal affairs department that issued the protective order is responsible for monitoring its enforcement.