Характеристика организаций, оказывающих помощь женщинам, пострадавшим от домашнего насилия в России, на примере СФО

Сенникова Д.В., к.ю.н. Доцент кафедры гражданского права ФГБОУ ВО «ТГПУ», г. Томск CHARACTERISTICS OF ASSISTANCE TO WOMEN IN THE SITUATION OF DOMESTIC VIOLENCE IN RUSSIA ON THE EXAMPLE OF THE SIBERIAN FEDERAL DISTRICT. Данная статья посвящена проблемам правового статуса организаций, оказывающих помощь женщинам, пострадавшим от домашнего насилия. Несмотря на отсутствие данного института в правовой системе Российской Федерации, кризисные центры функционируют во многих муниципальных образованиях Сибирского федерального округа РФ, в том числе за счет бюджетных средств. В своей статье автор указывает на некоторые проблемы их функционирования в условиях отсутствия должного правового регулирования. Ключевые слова: домашнее насилие, кризисные центры для женщин, жертвы домашнего насилия, НКО. This article is devoted to the problems of the legal status of organizations that provide assistance to women victims of domestic violence. Despite the absence of this institution in the legal system of the Russian Federation, crisis centers operate in many municipalities of the Siberian Federal District, including at the expense of budget funds. In his article, the author points to some problems of their functioning in the conditions of lack of proper legal regulation. Key words: domestic violence, crisis centers for women, victims of domestic violence, NGO. Журнал «Трибуна ученого» Выпуск 1/2018 http://tribune-scientists.ru The Russian Federation is a fairly large state with more than 200 nationalities living in it, and the nature of assistance is affected not only by the content of legal norms, but also by traditions, as well as by religious beliefs that are patriarchal. Taking into account the indicated differences, the content of assistance may vary depending on the territory of residence, even within a single federal district. Meanwhile, all entities are on an equal footing from the point of view of the lack of federal regulation of assistance in the situation of violence, including the standards of its provision. Taking into account the statistics placed in the Rosstat's edition, 71.9 percent of women who have suffered from violent crimes are victims of domestic violence, that is, victims of a family member. In addition, 98.6 per cent of rape victims are women, and 75.7 per cent of victims of sexual violence are also women. [1] If in cases of rape and sexual acts the prosecution is carried out by law enforcement agencies at all stages, in case of beatings and light damage to health, the woman herself acts as a private prosecutor, and also needs not only legal but also psychological assistance, as well as in providing Shelter. On the example of the Siberian Federal District, which includes twelve subjects, it is possible to analyze the procedure for rendering assistance to women - the victims of the domestic violence on the territory of the Russian Federation. Availability Availability of Name of Possible help in № of a crisis shelter/ length Founder district crisis center center of sheltering Altay Closed in 1 Private person - Not available Republic 2011 Ministry of Labor Law service, Available Available and Social psychological Altay since 2004 (up to 3 2 Protection of the service, social Territory Regional months) Altai Territory Crisis center service (regional level) Law service, There is no Available Ministry of Social psychological special center, Republic of (up to 3 3 Protection of service, social Buryatia but it is months) Population of the possible to service http://tribune-scientists.ru Журнал «Трибуна ученого» Выпуск 1/2018 Republic of Buryatia (regional level) contact the center for persons without a fixed place of residence to get some help in situation of domestic violence since 2013 State Public Health Ministry of Institution Health of the Crizis center Trans-Baikal Trans-Baikal 4 of Territory Territory V.H. (regional level) Kandinskij since 2014 Three Crisis Centers in various cities since 2003 Private persons 5 Irkutsk state The fourth (all of them) center has been closed in 2011 Kemerovo - - 6 state Municipal budgetary social service institution "Center for Administration of Krasnoyarsk Social Krasnoyarsk 7 Territory Assistance to (municipal level) the Family for Children" Doverie " since 2002, Crizis center Novosibirsk Private persons «Nadejda» 8 state Since 2014 There is only Ministry of Labor minor and Social adaptation 9 Omsk state Development of center Omsk state Budgetary (regional level) institutions of Журнал «Трибуна ученого» Выпуск 1/2018 (no requests from women in 2016) Psychotherapeutic help Not available Law service, Available in psychological Irkutsk (up to service, social two months) service - - Law service, psychological service, social service, Not available Psychotherapeutic help Law service, Available in psychological Irkutsk (up to service, social three months) service psychological Available for service, social minors (up to 6 service months) http://tribune-scientists.ru 11 Tyva Republic 10 Tomsk state Available (up to 6 months) the Omsk region "Center for Social Adaptation of Minors" Hope "of the city of Omsk" since 2011 Municipal autonomic institution Law service, Center of Administration of psychological Tomsk Profilactic service, social and Social (municipal level) service adaptation “Semja” since 2011 Republican complex center of social services Law service, Available "Support" psychological (up to 3 Specialize on service, social months) helping service persons without a fixed place of residence since 2013 Law service, Available Republic of Available psychological 12 (up to 6 Khakassia since 2013 service, social months) service Taking into account the data on assistance provided in the table, the following conclusions can be reached: 1. Although most centers are financed from the budget, their creation often takes place on the basis of private-public partnerships, that is, on the initiative of public organizations and with the involvement of their human resources (similarly, the centers operate in Tomsk, Khakassia, and the Altai Territory). Creation of centers in this way is the most effective from the point of view of guaranteeing their material support, and Журнал «Трибуна ученого» Выпуск 1/2018 http://tribune-scientists.ru Government of Tyva Republic (regional level) Ministry of Labor and Social Development of the Republic of Khakassia (regional level) from the point of view of their effectiveness because of attracting persons who have experience in the provision of these services, in addition, the status of a municipal or state institution, facilitates interaction with law enforcement structures and Bodies that protect the rights of minors. 2. Crisis centers of different federal parts have a various territorial level of activity. They are created both at the regional and municipal levels, and state and municipal centers can provide their services only if there is registration at the place of residence in the respective territory. This is a very significant shortcoming of the system of providing public services in general. Moreover, such an approach to their provision contradicts the principle of the inalienability of the citizen's rights on the territory of the Russian Federation (Article 6 of the Constitution of the Russian Federation), including the right to social protection. 3. The founders of the centers also differ, since not always these structures are formed by the departments of social protection, in fact in the Trans-Baikal Territory the problem of domestic violence and its consequences is considered only from the point of view of the need to provide a free psychotherapeutic assistance at the expense of budget funds, whereas in most of the subjects in crisis Centers do not have in-house psychotherapists, and the assistance itself is considered as a social and legal help with shelter, which in general is more in line with women's needs for assistance. In this regard, in Tomsk, there was a very positive practice of interaction between the psycho- neurological dispensary and the crisis center - if necessary, the specialists of the center send women to prescription at the dispensary for treatment. 4. Generally, the provision of assistance to women who suffer domestic violence is only one of the available activities of the centers, and in some similar organizations, in particular in the Novosibirsk region, the emphasis is on providing services to mothers who are settled in asylum with children, and Also to women in a crisis situation as a whole. On the one hand, this approach is justified, since in some cases, unfortunately, domestic violence is just one of many and by far not the most serious problem for women. Many of them, when they apply to the centers, do not have a permanent source of income or are economically dependent on the abuser, because Журнал «Трибуна ученого» Выпуск 1/2018 http://tribune-scientists.ru they are forced not to work, looking after their children, do not have their own housing, support from relatives, without solving these problems, women do not have the strength to pass Full-fledged rehabilitation, including the resolution of legal issues. In the past period of 2017, out of seven women, that lived in the shelter of Tomsk, only for one woman the domestic violence was the main and the only problem, the remaining six had additional health problems (exacerbation of a chronic illness), problems in connection with moving to another region, As well as in connection with the placement of children in a special institution due to the absence on the part of the mother of proper care for them. On the other hand, it seems wrong to combine the provision of assistance to women who suffer violence in the family with the services of a social hotel for people without a fixed place of residence and occupation, both because of the specifics of the problem requiring highly specialized specialists, and by actually equating these two problems, Completely different in nature and degree of guilt of the participants. Women who endure domestic violence, because of entrenched public stereotypes, for example, the social rule on the non-disclosure of family problems, it is so difficult to turn to someone for help, and this process will become even more serious if they have to go to institutions that are initially set up for work with deviant behavior. Taking into account all the above considerations, taking into account the number of crisis centers, whose activities are not so much socially-initiative as determined by the power structures, it seems right to develop a unified rules for the operation of crisis centers, taking into the most successful practices applied in various regions of the Russian Federation. These institutions as social structures that provide assistance on a gratuitous basis to women who suffer because of domestic violence, as well as those who are in other crisis situations that accompany this problem. Also it is necessary to develop a standard for the provision of services for the rehabilitation of the victim in the situation of domestic violence, as well as children as subjects of secondary violence. Literature: Журнал «Трибуна ученого» Выпуск 1/2018 http://tribune-scientists.ru 1. Women and men of Russia. Statistic book, 2016 - Official website of ROSSTAT // http://www.gks.ru/free_doc/doc_2016/wo-man16.pdf Журнал «Трибуна ученого» Выпуск 1/2018 http://tribune-scientists.ru