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Barbarian Diordieva - the lawyer, an analyst.
If you had legal issues, the problems connected with realisation of your rights, and also the questions, concerning legislations, write.
Setting questions, specify region (Ukraine, Russia etc.).
In the most detailed Big Soviet Encyclopedia (volume 41, 1939 of the edition) the violence was treated so: “In the Soviet criminal law - deliberate actions (blows, a beating, etc.), interfaced to causing of a physical pain”. Notice, the sexual, moral, psychological violence and other actions against the person are not mentioned even not. The violence which often takes place in the crimes made on political grounds (crimes counterrevolutionary, against a management order - violent resistance of the Soviet power) ”is allocated, and also“ violence application in relation to collective farmers on purpose to disorganise collective farm, having forced collective farmers to leave it ”. To the persons condemned under the law from 1932 about protection of the socialist property for application of such violence, treated very widely, amnesty was not applied, and since 1935 for it children from 12 years were exposed to punishment even.
The Marxism-Leninism treated violence, first of all as the tool of class domination in an antagonistic society ”and as“ the major condition of revolutionary change of formations ”, underlining“ a revolutionary role of violence ”in an establishment of domination of a new class. In the Soviet encyclopaedic dictionary of 1980 which are published in million circulations and available practically in each library (state or personal), in article about violence it is not mentioned at all about actions against the person (that is the treatment of the phenomenon even more идеологизирована, than in БСЭ 1939 1), and is spoken only about violence in class and interstate relations. Some generations of the Soviet people have been brought up with the similar relation to violence and did not think of it as about infringement of the rights of the person. These questions were not priority and in public discussions of the period of reorganisation. Only in 90th years changes have begun: Publicity gradually shined all new and new gloomy periods of the Soviet past and the present, expelled shades from undercover corners of the domestic house, including where the violence disappeared. It became clear, that the USSR was not an exception: here, as well as everywhere in the world, human rights are broken. Children, women are exposed to physical, psychological, sexual violence, anywhere do not feel in full safety, suffer during interethnic conflicts, acts of terrorism, collisions between gangs of criminals.
One of victims of group rape has stated that torments nowadays many women: “I go now on a city, I look in persons of men and I see: here this could make the same. Both this. And this. There would be an opportunity. Sometimes I think: and what will be further if the life becomes even heavier, and the power is even weaker? From these flights there will be no rescue neither in streets, nor in apartments”. According to sociological interrogations of 1994, only 5 % of the interrogated Muscovites are not afraid to test violence, 70 % do not feel protected from criminality, militia work estimate in 2,6 points (on five-point system). Only 18 % of Muscovites trust in possibility of the authorities to win criminality.
Mistrust to the authorities is caused also by many statements of government officials in which the disrespectful relation to women, to their possibilities on a labour market sounds, in management sphere, in authorities in the forced transition to market relations. In a modern society, not without the aid of mass media, the antifemale public opinion is formed, the obvious facts of discrimination on the basis of a floor are ignored. Moreover, many journalists and publishers have understood freedom of press - the main gain of reorganisation - as permissiveness, including in creation of an image of the woman. Certain stereotypes - for example, about natural mission of the woman, about its dale of fault in the violence made over it are imposed to a society. Mass media as a matter of fact accuse women of an aggravation of many social and demographic problems: In divorces, that in families is not enough children, in birth rate reduction, growth of criminality among juvenile, prostitutions, AIDS distribution, a HIV-infection, venereal illnesses and even in increase in unemployment and deterioration of health of the nation.
The dominating stereotype of perception of women as people of the second grade provokes the relation to them as to the sexual object called only to please to the man and at home, and on service. Violence in a family, sexual harassments on work, in an educational institution, in imprisonment places extremely seldom serve as a subject of trial or publications. “Silence plot” transforms violence into tragedy of each separate victim, hides it from public eyes, exhausts abusings in an impunity underground.
Quite often both in publications, and in a position of representatives of law enforcement bodies, scientific, in court arguments the motive about provoking behaviour of the victim prevails. So, during the International seminar on a modern family (1992, youth Institute, Moscow) one of participants, the scientist-philosopher so has generalised the given question: “Seventy percent of rapes are connected with thoughtless or provoking actions of the victim”. What does the philosopher carry to provoking actions "?" Carefree walks in the evening, acceptance of invitations from strangers about a meeting in a lonely place, joint drinking of spirits and even joint listening of music ”. The good help to the tyrant for justifications:“ We supposedly have together drunk, have listened to music, well and... I could not be kept!. ” It is entered by lawyers also such concept, as “imaginary resistance”. To the tyrant besides prompt: and you explain to court - supposedly it seemed to me, that the woman resists only from a coquetry or the price to itself fills... Inquiry in militia if the victim there has addressed, and also proceeding process quite often injure a victim: psychological subtleties here not in honour, and after all gone through violence require the help of specially prepared psychologist, quite often feel mistrust to any man, including in the militian form. As victims tell, in militia them frequently dissuade to hand in the statement for rape and if business is got six-seven times force to retell the woman happened to various "chiefs". According to M. Качаевой, the expert of Institute of judicial examination, 80 % of girls - victims of rape try to commit suicide already during the postcriminal period, during the investigation or proceeding.
Far professional examination of a mental condition gone through rape though in 1988 the special methodical grant addressed to inspectors has been created, to judges, experts, psychologists is not always spent. Psychologist L.Konysheva has studied and has analysed in the dissertation criminal cases about rape of 337 minors, almost 300 sentences concerning condemned for rapes, materials of 90 psychological examinations of a condition of a victim. Its researches have shown, that “promoting behaviour of a victim”, actually it is necessary to carry many cases treated as to a helpless condition of the suffered: minor girls frequently cannot understand, that from them demand, or are in a shock condition - because of fear cannot run, shout and even to move.
Judicial instances quite often apply “the double standard” in the approach to the tyrant (man) and a victim (woman), recognising possibility of that the criminal-de has misunderstood, that was wanted by the woman, considered, that it met half-way its sexual harassments. Concerning women, girls, even minors other approach operates - very seldom judges take into consideration that fact, that the girl, frequently the child, did not realise, that to it occurred, it did not have skills of counteraction, recognition of a situation of violence (especially if its relative or the acquaintance was the tyrant). L.Konyshevoj's research has shown, that for girls till 12 years the probability of rape (seducing) the familiar adult is great, and with increase in age of a victim (15-17 years) danger of rape by contemporaries, including group of acquaintances grows. 13 % of rapes occur on appointment. Cases when girls help with rape of the girlfriend are frequent, considering these actions as "revenge" or familiarising with customs of teenage grouping. According to the known lawyer of the professor G.Minkovskogo, the girl in quality соисполнительниц participate in the tenth part of all crimes connected with rape. At proceedings of similar affairs imperfection of the legislation was found out: norms of criminal law of Russia did not provide partnership of women in such crimes.
The doctor of jurisprudence A.Djachenko, acting in October, 1993 at conference “Women, youth, violence”, has noted growth of especially severe crimes when the violence proceeds some hours, is accompanied by mockery over a victim, aspiration to cause to it special sufferings, barbarous methods to suppress resistance. It is especially typical for group rapes by teenagers. According to this lawyer, three quarters of rapes are accompanied by additional sufferings for the suffered: in 80 % of cases to a victim the physical violence, in 60 % - murder threat was applied. Half of all rapes is accompanied by physical injuries, the fourth part leads дефлорации. Especially impress A.Djachenko's data on age of victims: 37 % from them-minors. In days of work as the inspector it had to face rape of children not only 7-10 years, but even chest babies of 3-4 months from a sort! It has concerned and problems of the reference of victims in law enforcement bodies, having confirmed opinion, that only insignificant part (approximately 20 %) address for the help (according to some experts - only 3 %). Under our laws business is got only in the presence of the complaint of the victim. On its supervision, women do not address in militia on following motives: 1) feeling of fear, 2) fear to sweep from relatives and friends to the tyrant, 3) fear for children, 4) shame, 5) unwillingness to disclose intimate details, 6) disbelief that the criminal will be found and punished, 7) fear for the reputation (especially in a countryside).
One of violence forms is compulsion to prostitution. Though under the criminal legislation for involving in prostitution of minors punishment (employment by prostitution is not a criminal offence and it is punished by only insignificant penalty) follows, this aspect of violence practically is not supervised by the state bodies. We do not have special department which would deal with prostitution problems, and involving juvenile or minor in prostitution comes to light only at occurrence of criminal offences. The lack of statistical data of this area does not allow the state to estimate scale of the specified phenomenon. However there are estimations of experts: from them follows, that approximately 70 % of prostitutes have started to be engaged in the craft in 14-15 years, the involving tendency in sex business - quite often by a deceit and violence - juvenile, nonresident girls, and also suffering deviations in intellectual development amplifies.
Concern of employees of the Ministry of Internal Affairs, physicians, psychologists causes also prompt growth of venereal diseases and abortions among minors. In comparison with the period 1989-1990, in 1991-1992 the quantity interrupting pregnancy is elderly till 18 years has increased more than twice. Cases of refusal of young mothers from the newborns grow, and is frequent these children have been conceived as a result of rape. Being afraid of publicity, misunderstanding and frequently anger of the relatives, some young women go on a crime and kill newborns, the Psychologist P.Gajdarenko, marks: “ Rape by that and is dangerous to the woman that involves the hardest psychological shock. The understanding and sympathy of relatives ”is here again very important. However as there is not enough sympathy they find! For example, from 107 young girls who have addressed in one of the rehabilitation centres, only nine have shared with parents and have told about the happened. The family has rejected two of them, one have beaten and only in six cases of the girl have found support in a family. And one of victims, not having found to whom to trust, has told the history to a dog.
Psychology studying as victims of violence, and shows tyrants, that it is necessary to search for roots of many crimes in a family, in education. In the conditions of general stress, a moral disorientation, material difficulties the violence in many families became the ordinary phenomenon. There is an opinion, that патриархатные traditions (about which now it is very fashionable to speak) order to the head of the family to support "order" in a family by all means. As a result only for 1993 56,4 thousand women have got heavy traumas because of tortures by husbands, and 14,5 thousand were lost. And among victims of house violence many young women - wives of the succeeding businessmen breaking on wives of failure or stresses. Cases of rapes in marriage (that follows from references to advisers of Telephone hotlines and estimations of experts) but as such crimes practically are never registered by militia are frequent also and do not become property of publicity, proceedings on them do not occur also statistics is not conducted. Tired out in a family, this problem quite often outgrows in even big - impunity pushes the tyrant, the house hooligan on murder. Among relatives occurs, by estimations of lawyers, to 40 % of all registered murders, and on one murder of the husband by the wife it is necessary seven murders of wives by their husbands. Experts underline, that women in most cases resort to murder as self-defence or finished excessively deep drunkenness of husbands, a beating, mockeries at children.
Considerable part of loading on rendering assistance gone through sexual or house violence the public charitable organisations which exist on donations of funds and the organisations, frequently bear the foreign.