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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of October 6, 2018 No. 808

About approval of the Regulations on procedure for advance payment of the alimony, and also the conclusions of the agreement of pledge on providing the obligation about payment of the alimony

According to article 145 of the Family code of the Republic of Uzbekistan and article 421 of the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" the Cabinet of Ministers decides:

1. Approve Regulations on procedure for advance payment of the alimony, and also the conclusions of the agreement of pledge on providing the obligation about payment of the alimony according to appendix.

2. To the ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

3. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan - the chairman of Committee of women of Uzbekistan T. K. Narbayeva.

Prime Minister of the Republic of Uzbekistan

Abdullah Aripov

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 6, 2018 No. 808

Regulations on procedure for advance payment of the alimony, and also the conclusions of the agreement of pledge on providing the obligation about payment of the alimony

 Chapter 1. General provisions

1. This Provision determines procedure for advance payment of the alimony for content of minor children, and also the conclusions of the agreement of pledge by providing obligations about payment of the alimony for content of minor children, the spouse (spouses), the former spouse (the former spouse) or other disabled persons.

2. Physical persons which voluntarily pay the amounts of the alimony based on the executive documents which are not in production of the state contractors, having the right to pay beforehand the amounts of the alimony for certain period or in coordination with the receiver of the alimony, to sign the agreement of pledge for providing the obligation on payment of the alimony.

3. According to the executive documents which are in production of the state contractor advance payment of the alimony or provision of pledge for ensuring obligation fulfillment on payment of the alimony, is performed according to the procedure and the terms established by the civil procedural legislation for change of method and procedure for execution of decisions.

4. According to the executive documents which are in production of the state contractor by the debtor the real or personal estate or other valuable thing on account of advance payment of the alimony can be provided to the claimant.

5. Advance payment of the amount of the alimony or provision of pledge for ensuring obligation fulfillment on payment of the alimony, is performed only if the debtor has no debt on the alimony.

6. The conclusion of the agreement of pledge for ensuring obligation fulfillment on payment of the alimony, does not exempt from the administrative and criminal liability for failure to pay the alimony established by the law.

7. In case of establishment of the size of the alimony in shares to the monthly salary and (or) to other income, advance payment of the alimony does not exempt from payment of the additional amount of the alimony which arose in connection with salary increase and (or) other income of the payer of the alimony in subsequent periods after advance payment of the alimony.

8. Advance payment of the alimony or the conclusion of the agreement of pledge on providing the obligation on payment of the alimony is the basis for removal of temporary restriction on departure of the debtor from the Republic of Uzbekistan who is earlier established by court or the state contractor.

Chapter 2. Procedure for advance payment of the alimony

9. Advance payment of the alimony can be performed for any period before achievement of children of full age age, but at least in five years, except as specified, provided by the paragraph the second this Item.

If at the time of advance payment of the alimony before achievement of children of age of majority there were less than five years, advance payment of the alimony is performed for the remained period.

The term during which the full amount of the alimony shall be beforehand paid and also the property shall be transferred to the claimant on account of advance payment of the alimony based on determination of court, cannot exceed ten working days.

10. Concerning change of method and procedure for execution of the executive document on payment of the alimony (further - the executive document) by advance payment of the alimony for certain period, the debtor takes a legal action, the issued executive document, with the statement for change of method and procedure for execution of the executive document.

In case, penalties of the alimony based on notarially certified agreement on payment of the alimony, the application is submitted to interdistrict, district (city) court on civil cases in the location of district (city) department of Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan (further - Bureau) in which production there is executive document.

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