RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of April 22, 2019 No. PP-4296

About additional measures for further strengthening of guarantees of the rights of the child

In the country large-scale work on support of motherhood and the childhood, creation of conditions for spiritual and physical development of children, and also ensuring compliance with the Convention of the United Nations on the child's rights is carried out.

At the same time more and more the need for radical enhancement of the institutional and legal basis of ensuring activities for protection of the rights and legitimate interests of children, education of harmoniously developed generation amplifies.

For the purpose of comprehensive implementation in life of requirements of the Convention on the Rights of the Child, providing real guarantees of the rights of the children provided in the Constitution and the laws of the Republic of Uzbekistan, education physical intellectual, it is moral also spiritually developed generation, and also according to the tasks determined in the Strategy of actions by five priority directions of development of the Republic of Uzbekistan in 2017 - 2021:

1. Determine that:

to children without parental support, before achievement of age of eighteen years by them grant the right of booking of premises in municipal and municipal housing stocks of purpose in which they lived, for the entire period of stay in houses of Mekhribonlik or accommodation with the consent of guardianship and custody body with the guardian or the custodian;

to children, there are all types of social services irrespective of the place of their registration and nationality;

to children, full consideration of their direct appeals to state bodies is guaranteed, leaving without consideration of such addresses because of not achievement of full legal capacity by the child is not allowed;

in the absence of the arrangement between parents on payment of the alimony to persons under the age of of eighteen years, or failure to pay the alimony by them voluntarily and also in case any of parents did not take a legal action with the recovery suit of the alimony, the children who reached age of 14 years having the right to submit independently recovery suits of the alimony for the content from the father or mother, and in cases of separate accommodation - along with each parent in the amount of, established by the legislation;

in case of the appeal to courts with the statement for the purpose of protection of children claimants are exempted from payment of the state fee and other payments.

2. Approve proposals of the Representative of Oliy Majlis of the Republic of Uzbekistan on human rights (ombudsman), the National center of the Republic of Uzbekistan on human rights, the Ministry of Health and the general public:

about introduction of position of the Deputy Representative of Oliy Majlis of the Republic of Uzbekistan for human rights (ombudsman) - the Ombudsman for Children and creation in structure of the Secretariat of the sector promoting activities for providing the rights of the child with extreme number of managerial personnel of 2 units;

about establishment since September 1, 2019 in the Republic of Uzbekistan for men and women of the minimum age of marriage - eighteen years;

about application in case of absence in the legislation of the relevant standards governing the family relations, the local customs and traditions which are not contradicting the principles of the legislation of the Republic of Uzbekistan and the conventional principles of international law.

3. Take into consideration that the child has the right to express the opinion in case of the decision in family of any question infringing on its interests and also during any legal or administrative proceedings. At the same time bodies (persons), representatives to make decisions, in case of permission of the questions infringing on interests of the child shall consider as important factor opinion reasonably and independently conceiving child irrespective of its age and to make decisions proceeding from the best interests of the child.

To the Ministry of Health, the Ministry of national education, the Ministry of preschool education and the Supreme Court of the Republic of Uzbekistan in three-months time to develop and approve criteria for evaluation of capability of reasonable and independent thinking of the child.

5. Expulsion from the Republic of Uzbekistan of the foreign citizen and stateless person who did not reach age of eighteen years is not allowed if one of his parents either the guardian or the custodian has the right to accommodation on legal causes in the territory of the Republic of Uzbekistan in cases:

abuses of regulations of stay in the Republic of Uzbekistan, that is accommodation without documents on the residence right in Uzbekistan or according to invalid documents, non-compliance with established procedure of registration in the place of permanent residence or in the place of temporary stay, movement or choice of the residence, evasion from departure after stay term, and equally in non-compliance with rules of transit through the territory of the Republic of Uzbekistan;

execution or departure of the penalty imposed by court for the crime committed in the territory of the Republic of Uzbekistan or release from criminal liability or punishment in stipulated by the legislation cases.

6. The additional quota of acceptance on the basis of the state grant, to one percent from total quantity of entrants of the highest educational institutions, is allocated to graduates of houses of Mekhribonlik, compact orphanages, children's towns, SOS nurseries of villages and orphanages of family type, and also the orphan children taken under guardianship, guardianship or in family on education (patronage) to children who were left without care of parents or single mother in connection with deprivation of their parent rights with recognition is unknown absent or recognition incapacitated, and also to the found (thrown) children whose both parents are unknown, and to the children who were left without supporter owing to the death of mother (single mother) who was not married (except for the reached twenty five years).

7. According to the statistics to provide to the state committee of the Republic of Uzbekistan in two-month time placement on the stat.uz website of statistical information on motherhood and the childhood according to appendix with permanent updating of data.

8. To the Ministry of Health and the Ministry of Justice together with the Ministry of development of information technologies and communications of the Republic of Uzbekistan to develop "Road map" on ensuring full functioning of system of electronic data exchange with bodies of ZAGS about the birth and death, laying to organizations of fiber-optic communication links, and also full implementation of this system until the end of the year in a month.

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