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FAMILY CODE OF THE REPUBLIC OF TAJIKISTAN

of November 13, 1998

(as amended on 24-02-2017)

Section I General provisions

Chapter 1. Legislation of the Republic of Tajikistan on family

Article 1. Main beginnings of the legislation of the Republic of Tajikistan on family

1. The family, scrap, motherhood, paternity and the childhood are in the Republic of Tajikistan under protection of the state.

2. The legislation of the Republic of Tajikistan on family is based on need of strengthening of family, creation of the family relations on feelings of mutual love and respect, mutual assistance and responsibility to family of all her members, inadmissibility of any intervention someone in cases of family, ensuring free implementation by members of the family of the rights and fulfillment of duties, possibility of their judicial protection.

3. The scrap concluded only in state bodies of civil registration is recognized. Braque imprisoned on religious practices has no legal value.

4. Regulation of the family relations is performed according to the principles of voluntariness of the marriage union of the man and woman, equal rights of spouses in family, permissions of intra family questions by mutual consent, priority of family education of children, care of their welfare and development, ensuring priority protection of the rights and interests of minor and disabled family members.

5. Any forms of restriction of the rights of citizens in case of marriage are forbidden and in the family relations on signs of social, racial, national, language or religious affiliation, and also education and property status.

6. The rights of citizens in family can be limited only based on the family legislation and only in that measure in what it is necessary for the purpose of protection of the rights, legitimate interests, morality and health of other family members and citizens.

Article 2. The relations regulated by the legislation of the Republic of Tajikistan on family

The legislation of the Republic of Tajikistan on family establishes conditions and procedure for marriage, termination of scrap and recognition by its invalid, governs the personal non-property and property relations arising in family between spouses between parents and children, between other family members, the relations arising in connection with adoption, guardianship and custody, acceptance of children on education, order of registration of acts of civil status and other family relations.

Article 3. Legislation of the Republic of Tajikistan on family    

1. The legislation of the Republic of Tajikistan on family is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

2. The regulations of law of domestic relations provided in legal acts and other regulatory legal acts of the Republic of Tajikistan shall correspond to the Constitution of the Republic of Tajikistan and this Code.

3. State registration of acts of civil status is performed on the basis of the Law of the Republic of Tajikistan "About state registration of acts of civil status".

4. On the basis and in pursuance of of this Code and other laws of the Republic of Tajikistan the Government of the Republic of Tajikistan has the right to adopt regulatory legal acts on family questions.

Article 4. Application to the family relations of the civil legislation

The civil legislation is applied in case of regulation of the personal non-property and property relations between family members if these relations are not settled by the legislation of the Republic of Tajikistan on family.

Article 5. Analogy of the law and the right in the family relations

If the relations between family members are not settled by the legislation of the Republic of Tajikistan on family or the agreement of the parties, and in the absence of the regulations of the civil law which are directly governing the specified relations to such relations if it does not contradict their being, the regulations of the family and (or) civil law governing the similar relations (analogy of the law) are applied. In the absence of such rules of law and obligation of family members are determined proceeding from the general beginnings and the principles of the family or civil law (analogy is right), and also the principles of humanity, rationality and justice.

Article 6. Application to the family relations of rules of international law

If the international treaty of the Republic of Tajikistan establishes other rules, than those which are stipulated by the legislation the Republic of Tajikistan about family then are applied rules of the international treaty.

Chapter 2. Implementation and protection of the family rights

Article 7. Implementation of the family rights and execution of family obligations

1. Citizens at discretion dispose of the rights following from the family relations, the family rights, including the right to their protection belonging to them if other is not established by this Code.

Implementation by members of the family of the rights and execution of the obligations by them shall not violate the rights, freedoms and legitimate interests of other family members and other citizens.

2. The family rights are protected by the law, except as specified, when they are performed in contradiction with purpose of these rights.

Article 8. Protection of the family rights

1. Protection of the family rights is performed by court, guardianship and custody bodies, civil registrations and other state bodies, and also in cases, stipulated by the legislation the Republic of Tajikistan, self-government institutions of settlements and villages.

2. Protection of the family rights is performed according to the procedure by the provided relevant articles of this Code.

Article 9. Use of limitation period in the family relations

On the requirements following from the family relations, limitation period does not extend, except as specified, if term for protection of the violated right is established by this Code. In case of application of the regulations establishing limitation period, the court is guided by the relevant standards provided by the Civil code of the Republic of Tajikistan.

Section II Conclusion and termination of scrap

Chapter 3. Conditions and procedure for marriage

Article 10. Marriage

1. Scrap consists in state bodies of civil registration.

2. The rights and obligations of spouses arise from the date of state registration of marriage in bodies of civil registration.

3. The marriages made on religious practices in the territory of the Republic of Tajikistan till December 19, 1929 are equated to the marriages registered in bodies of civil registration.

Article 11. Procedure for marriage

1. Registration of marriage is made according to the procedure, determined by the Law of the Republic of Tajikistan "About state registration of acts of civil status".

2. The refusal of body of civil registration in registration of scrap can be appealed in court by persons wishing to enter scrap (one of them).

Article 12. Marriage conditions

1. Marriage requires mutual consent of the man and woman, marrying, and achievement of age of consent by them.

2. It cannot be got married in the presence of the obstacles specified in article 14 of this Code.

3. If one of the marrying parties is foreign citizen or the stateless person, accomplishment of the following additional terms is required:

- accommodation in the territory of the Republic of Tajikistan within at least one last year;

- obligatory conclusion of the marriage agreement.

Article 13. Age of consent

1. The age of consent is established in eighteen years.

2. In exceptional cases the court has the right to reduce the age of consent at the request of persons wishing to marry established by this Article for men and women, no more than for one year.

3. Applications are considered according to the procedure of special proceeding in court at the place of residence of person which age decreases.

4. The right of appeal to the court on this matter arises from seventeen-year age.

Article 14. The circumstances interfering marriage

Marriage is not allowed between:

- persons of whom at least one face already consists in other registered scrap;

- close relatives (between the father or mother and the daughter or the son, between the grandfather or the grandmother and the grandson or the granddaughter);

- children of brothers, sisters, brothers and sisters;

- the uncle on the maternal line and the niece, the uncle on the fatherly line and the niece, the aunt on the maternal line and the nephew, the aunt on the fatherly line and the nephew;

- persons who are brought up by milk of one woman;

- persons which were not undergoing obligatory physical examination;

- full and not full (having general the father or mother) brothers and sisters;

- adoptive parents and adopted;

- persons from whom at least one face is recognized by court incapacitated owing to sincere disease or weak-mindedness;

- by persons, one of whom is recognized as court, it is limited capable owing to abuse of alcoholic drinks, drugs, psychotropic substances and precursors or other stupefying substances.

Article 15. Obligatory physical examination of persons marrying

1. Citizens of the Republic of Tajikistan, foreign citizens and stateless persons before marriage free of charge undergo obligatory physical examination in public institutions of health sector at the place of residence or permanent residence according to the legislation of the Republic of Tajikistan and examine results of obligatory physical examination of each other.

2. Consultation on healthy lifestyle, planning of family and about influence of diseases on health of posterity is carried out by public institutions of health care system at the place of residence or permanent residence according to the legislation of the Republic of Tajikistan.

Chapter 4. Scrap termination

Article 16. Scrap termination basis

1. Scrap stops owing to death or the announcement court of one of spouses the dead.

2. Scrap can be stopped by its termination (divorce) according to the statement of one or both spouses, guardian of the spouse recognized by court incapacitated and also prosecutor.

Article 17. Restrictions of the right to presentation by the husband of the requirement about annulment of marriage

1. The husband has no right without the consent of the wife to initiate proceedings in court on annulment of marriage during pregnancy of the wife and within one and a half years after the child's birth.

2. The restrictions provided in part of 1 this Article do not extend to the spouse if in the specified time he directly was engaged in education of the child, and the spouse refused education of the child or was initiator of annulment of marriage.

Article 18. Procedure for annulment of marriage

Annulment of marriage is made in bodies of civil registration according to the procedure, determined by the Law of the Republic of Tajikistan "About state registration of acts of civil status, and in the cases provided by Articles 21-24 of this Code, judicially.

Article 19. Annulment of marriage in bodies of civil registration - is excluded.
Article 20. Consideration of the disputes arising between spouses in case of annulment of marriage in bodies of civil registration

Disputes on the Section of common property of spouses, payment of funds for content of the needing disabled spouse, and also the disputes on children arising between spouses and in the cases provided by the Law of the Republic of Tajikistan "About state registration of acts of civil status" are considered judicially irrespective of annulment of marriage in bodies of civil registration.

Article 21. Annulment of marriage in court

1. Marriage is dissolved judicially in the presence at spouses of the general minor children, except as specified, provided by the Law of the Republic of Tajikistan "About state registration of acts of civil status" or in the absence of the consent of one of spouses to annulment of marriage.

2. Marriage is dissolved judicially also in cases when one of spouses, despite the absence of at it objections, evades from annulment of marriage in bodies of civil registration (refuses to submit the application or also another does not wish to be for registration of divorce).

Article 22. Annulment of marriage judicially in the absence of the consent of one of spouses to annulment of marriage

1. By hearing of cases about annulment of marriage in the absence of the consent of one of spouses to annulment of marriage the court takes measures to conciliation of spouses and has the right to postpone case trial, having appointed spouses term for conciliation within six months.

2. Marriage is dissolved if by court, will be determined that further joint life of spouses and preserving family became impossible, and measures for conciliation of spouses were ineffectual.

3. If by court it is refused the matrimonial action, spouses are granted the right again to take a legal action with the action for declaration about annulment of marriage after the expiration of three months from the date of refusal in the claim.

Article 23. Annulment of marriage judicially in case of the consent of spouses

1. If spouses agree to annulment of marriage, the court has the right to dissolve marriage. In this case annulment of marriage is made within one month after giving, spouses of the declaration of avoidance of scrap.

2. The court takes measures to conciliation of the spouses having minor children irrespective of their mutual consent on annulment of marriage, and has the right to postpone case trial, having appointed spouses term for conciliation up to six months.

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