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THE CODE OF THE KYRGYZ REPUBLIC ABOUT CHILDREN

of July 10, 2012 No. 100

(The last edition from 24-04-2019)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 31, 2012

This Code establishes basic guarantees of the rights and legitimate interests of the children provided by the Constitution of the Kyrgyz Republic and is aimed at providing the level of living with the state necessary for physical, intellectual, moral, spiritual and social development of children, protection and manifestations of special care concerning the children who are in difficult life situation.

Section I. General provisions

Chapter 1. Legislation of the Kyrgyz Republic on protection of the rights and interests of children

Article 1. Scope of this Code

This Code governs the relations in the sphere of providing the rights and interests of the children who are in the territory of the Kyrgyz Republic, and also children - the citizens of the Kyrgyz Republic who are outside the Kyrgyz Republic, including ensuring protection of children, being in difficult life situation.

Article 2. Legislation on children

The legislation of the Kyrgyz Republic in the sphere of providing the rights and interests of children consists of the Constitution of the Kyrgyz Republic, the Convention on the Rights of the Child, of this Code, other regulatory legal acts of the Kyrgyz Republic, the conventional principles and rules of international law, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic (further - the international agreements).

Article 3. Main objectives and tasks of the legislation in the sphere of providing the rights and interests of children

1. The purposes of this Code are protection of civil, political, economic, social, cultural and other laws, interests and freedoms of the children, and also ensuring protection of children who are in difficult life situation.

2. Tasks of this Code are establishment of the principles and measures for protection of children, forming of warranty bases of the rights of the child; functioning of relevant organs and organizations for protection of children; determination of competence of state bodies and local government bodies in providing the rights and interests of children and procedure for their interaction.

Article 4. Basic principles of protection of the rights and interests of children

Protection of the rights and interests of children is based on the following basic principles:

recognitions of first priority of the rights and interests of the child for the purpose of ensuring the best interests of the child;

ensuring access of children to free services in volume of the state guarantees provided by the law, in particular to the children who are in difficult life situation;

inadmissibility of discrimination of children on the basis of race, skin color, floor, language, religion, national or social origin, property status, the state of health, and also on any other signs;

providing the right of the child to expression of the opinion in case of decision making, concerning its destiny;

ensuring protection of the child against all forms of violence;

inadmissibility of operation of child labor in its worst forms for the purpose of extraction of economic benefit;

responsibility of public authorities and local self-government, their employees, and also other physical persons and legal entities for violation of the rights and interests of the child, causing to it harm;

ensuring stability and continuity of education and education of the child;

priority of protection of the rights and interests of the child from the state, society, family;

prevention of separation of the child with family and providing the rights of the child to family environment;

providing each child with the right to the level of living necessary for its physical, intellectual, spiritual, moral and social development;

responsibility of parents for providing the living conditions necessary for development of the child, within the capabilities and financial opportunities;

ensuring with the state content, education, training of orphan children and children without parental support.

Article 5. The basic concepts used in this Code

In this Code the following concepts are used:

the minor - the child who did not reach 18-year age;

the children who are in difficult life situation - children without parental support, children with limited opportunities of health, the children who are in the conflict with the law, being the victim of violence or crimes, the children living in needy families, the working children, neglected children, street children, children in zones of the conflicts and emergency situations which activity is objectively broken as a result of the developed circumstances, and also children who cannot overcome the specified circumstances independently or by means of family;

difficult life situation - the situation which is objectively breaking activity of the citizen (disability, inability to self-service in connection with old age or disease, orphanhood, neglect, low-security, unemployment, lack of certain residence, the conflicts and ill treatment in family, loneliness, etc.), and also its moral and psychological condition connected with inability independently to overcome this situation;

the neglected child - the child whose control over behavior is absent owing to non-execution or improper execution or evasion from accomplishment of the obligations on its content, education from legal representatives;

the street child - the neglected child who is not taking certain residence and (or) stay;

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