A LEGAL ANALYSIS OF THE SUBJECT OF THE FAMILY (DOMESTIC) VIOLENCE IN UZBEKISTAN: BRIDGING THE LEGAL GAP

Abstract

This article analyzes the issue of defining the circle of subjects of family (domestic) violence in the Republic of Uzbekistan. The conducted research has shown that the list of such subjects is strictly limited due to the clarifications provided by the Plenum of the Supreme Court of Uzbekistan. Particular difficulty arises in the interpretation of the term “individuals living together on the basis of a single household.” In practice, some investigators and courts include in this category mothers-in-law, fathers-in-law, daughters-in-law, adult children, and other relatives, which contradicts the legal position of the highest judicial authority in the country. A comparative legal analysis of the legislation and practices of foreign countries demonstrates that the subjects of family (domestic) violence are recognized not only as spouses and individuals in intimate relationships, but also as mothers-in-law, fathers-in-law, brothers and sisters of the spouse, and other family members who jointly maintain a household with the victim. At the same time, current judicial practice in Uzbekistan indicates that psychological and economic violence is also perpetrated by such persons; however, these acts often go unpunished due to the formal absence of a legally recognized subject of the offense. In this regard, the authors propose a broad interpretation of the term “individuals living together on the basis of a single household” to include the above-mentioned individuals living together with the victim in order to eliminate the existing legal gap and to enhance the effectiveness of measures to combat family (domestic) violence.