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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 24, 2013 No. 522

About questions of guardianship and custody

(In edition of the Order of the Government of the Kyrgyz Republic of 22.05.2014 No. 270) 

According to Articles 36, 67 - 79 Codes of the Kyrgyz Republic about children, Articles 66 - 76 Civil codes of the Kyrgyz Republic, article 10 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", for the purpose of regulation of questions of the organization and implementation of activities for guardianship and custody the Government of the Kyrgyz Republic decides:

1. Approve enclosed:

- Regulations on guardianship and custody;

- Regulations on procedure for accommodation of the child out of family.

2. This resolution becomes effective from the date of official publication.

Prime Minister

Zh. Satybaldiyev

Approved by the Order of the Government of the Kyrgyz Republic of September 24, 2013 No. 522

Regulations on guardianship and custody

1. General provisions

1. This Provision governs the relations on establishment, implementation and the termination of guardianship and custody over minor children, incapacitated or is limited by capable citizens, the relations on establishment, implementation and the termination of patronage over the full age capable citizen, and also questions of the organization and implementation of activities for guardianship and custody, patronage.

2. Regulations of this Provision, belonging to the rights, obligations and responsibility of guardians and custodians, are applied to organizations and the organizations in which minor children, incapacitated or restrictedly capable citizens, including to organizations and the organizations for orphan children and children without parental support are placed under supervision.

3. In this Provision the following concepts and terms are used:

"the candidate for guardians and custodians" - the citizen wishing to accept the minor on education and brought by territorial subdivision of authorized body on protection of children in National bank of data on children without parental support as candidates for guardians and custodians;

"the guardianship and custody of person needing establishment" - the full age incapacitated citizens limited in capacity to act citizens, minors which in accordance with the circumstances need leaving, care, education, making of the actions established by the legislation in their interests and from their name;

"ward" - the citizen concerning whom guardianship, guardianship or patronage are established;

"territorial subdivision of authorized state body on protection of children" - the state body performing functions of guardianship and custody (further - territorial subdivision).

4. The relations arising in connection with establishment, implementation and the termination of guardianship and custody are regulated by the Family code of the Kyrgyz Republic, the Code of the Kyrgyz Republic about children, the Civil code of the Kyrgyz Republic and regulatory legal acts of the Kyrgyz Republic adopted according to them, and also this Provision.

5. Activities for guardianship and custody are performed according to the following principles:

1) voluntary acceptance by the citizen of obligations on guardianship and custody;

2) control of implementation of obligations on guardianship and custody;

3) ensuring protection of the rights and legitimate interests of wards.

2. Procedure for establishment of guardianship and custody over persons needing establishment of guardianship and custody

6. Only full age capable persons can be designated by guardians and custodians.

7. Persons cannot be guardians and custodians of persons needing establishment of guardianship and custody:

- suffering from "ludomaniya" or dependent on gamblings, limited to court in capacity to act;

- discharged of accomplishment of obligations of guardians and custodians;

- limited in the parent rights, deprived of the parent rights, the former adoptive parents if adoption is cancelled on their fault;

- persons who for health reasons cannot perform obligations on education of the minor according to the list of diseases approved by the Government of the Kyrgyz Republic;

- criminal record having not removed or not extinguished in the procedure established by the legislation.

Guardianship and custody are established for protection of the rights and interests of the incapacitated or limited in capacity to act citizens. Guardianship and custody over minors are established also for the purpose of their education.

The age difference between the guardian (custodian) and the minor cannot be less than 16 years.

In case of appointment of a guardian or the custodian concerning the minor moral and other personal qualities of the guardian and custodian, its capability to accomplishment of obligations of the guardian and the custodian, the relation between the guardian, the custodian and the child, the attitude towards the minor of members of the family of the guardian and the custodian, and also if it is possible, desire of the most minor are considered.

8. Persons wishing to be guardians and custodians of minors file in territorial subdivision petition (appendix 1) and appendix of the following documents:

1) passport copy (or other identification document);

2) the copy of the marriage certficate (if are married);

3) the notarized consent of the spouse to guardianship or custody (if are married);

4) the reference from the residence of family composition;

5) certificate of law-enforcement bodies of absence, removal or repayment of criminal record;

6) the document confirming availability of permanent source of the income of family (the reference, with indication of position and the salary, the copy of the declaration on entrepreneurial incomes, the certificate of executive bodies of local self-government of availability of land share, living creatures and other assets in property of peasant economy);

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