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LAW OF TURKMENISTAN

of June 3, 2017

About guardianship and custody

This Law governs the relations arising in connection with establishment, implementation, the termination of guardianship or custody over persons needing guardianship or guardianship and is directed to social protection of their rights, freedoms and legitimate interests.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

For the purposes of this Law the following basic concepts are used:

1) guardianship – the form of child placement provided by the law and the children without parental support who did not reach age of seven years, and also persons recognized by court incapacitated;

2) guardianship – the form of child placement provided by the law and children without parental support, aged from seven up to eighteen years, and also persons recognized by court is limited by capable;

3) persons needing guardianship or guardianship – the orphan children, children without parental support, persons recognized by court incapacitated it is limited capable, and also full age capable persons who for health reasons cannot independently protect the rights and fulfill duties;

4) the ward – person concerning whom guardianship or custody is established;

5) orphan children are children at whom both parents or the single parent died;

6) children without parental support, – the children who did not reach age of eighteen years which were left without care of parents owing to the death of both parents (single parent) or the announcement court by their dead, deprivation by a court decision of the parent rights, restriction by court in the parent rights, recognitions of parents it is by a court decision unknown absent, incapacitated or it is limited capable, diseases of parents, their long absence, evasion of parents from education of children or protection of their rights, freedoms and legitimate interests, including in case of refusal of parents to take the children from the relevant child care facility, organization of social servicing or other organization, serving by parents of punishment in the organizations performing custodial sanction, and also without parental support on other reasonable excuses;

7) patronage – the form of the guardianship established over the full age capable person at its request which does not have opportunity for health reasons independently to protect the rights provided by the law and to fulfill duties;

8) incapacitated person – the minor child who did not reach age of seven years (juvenile), and also person recognized by court incapacitated on the bases provided by the civil legislation of Turkmenistan;

9) capable person – the minor child aged from seven up to eighteen years is limited, and also person recognized by court is limited capable on the bases provided by the civil legislation of Turkmenistan.

Article 2. Legislation of Turkmenistan on guardianship and custody

The legislation of Turkmenistan on guardianship and custody is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. Coverage of this Law

1. Operation of this Law extends to the relations arising in connection with establishment, implementation, the termination of guardianship or custody, the organization and implementation of activities for guardianship and custody.

2. The provisions of this Law concerning the rights, obligations and responsibility of guardians and custodians are applied to organizations in which persons needing guardianship or guardianship are placed if other is not stipulated by the legislation Turkmenistan.

Article 4. Purposes of this Law

The purposes of this Law are protection of the rights, freedoms and legitimate interests of persons needing guardianship or custody, and wards, ensuring their best interests, control of execution by guardians, custodians, guardianship and custody bodies of the obligations assigned to them.

Article 5. Financing in the sphere of guardianship and custody

Financing in the sphere of guardianship and custody is performed at the expense of means of the Government budget of Turkmenistan, and also other sources which are not forbidden by the legislation of Turkmenistan.

Article 6. Basic principles of guardianship and custody

The basic principles of guardianship and custody are:

1) legality;

2) humanity and mercy;

3) publicity;

4) confidentiality of information;

5) voluntariness of acceptance or refusal of fulfillment of duties on guardianship or custody;

6) submission to control of activities for guardianship and custody.

Article 7. The main directions of state policy in the sphere of guardianship and custody

The main directions of state policy in the sphere of guardianship and custody are:

1) protection of the rights, freedoms and legitimate interests of persons needing guardianship or custody and also wards;

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