RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of May 26, 2008 No. 110

About approval of the Regulations on procedure for submission to guardianship and custody body of information about children without parental support

For the purpose of comprehensive ensuring interests of children without parental support, enhancement of the legislation on protection of the rights of minors, and also in pursuance of article 5 of the Law of the Republic of Uzbekistan "About modification and amendments in some legal acts of the Republic of Uzbekistan" the Cabinet of Ministers decides:

1. Approve Regulations on procedure for submission to guardianship and custody body of information about children without parental support, according to appendix.

2. To the ministry of national education together with the Ministry of Health, the Ministry of Labour and Social Protection of the population, the Ministry of Internal Affairs, the Ministry of Justice of the Republic of Uzbekistan, Republican charity foundation "Makhalla", National broadcasting company of Uzbekistan and the Uzbek news agency to organize carrying out explanatory work among the population about the requirements approved by this resolution of procedure for submission to guardianship and custody body of information about children without parental support in a month.

3. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Kasymov R. S.

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of May 26, 2008 No. 110

Regulations on procedure for submission to guardianship and custody body of information about children without parental support

I. General provisions

1. This Provision determines procedure for submission of information about children without parental support, in guardianship and custody body under territorial departments of the Ministry of national education of the Republic of Uzbekistan (further - guardianship and custody body) by the place of the actual finding of children.

 2. According to this Provision of the information about children without parental support, are represented to guardianship and custody bodies in cases:

death of parents or their announcement court dead;

deprivations of parents of the parent rights or their restriction in the parent rights by a court decision;

recognitions of parents incapacitated by a court decision;

diseases of parents more than two months and impossibility thereof accomplishment of parental responsibilities by them;

in case of temporary absence of parents at the place of residence if the child is left by them on care and under supervision of relatives or other close persons more, than for six months;

in case of temporary absence of parents at the place of residence less than six months when the child is left by them on care and under supervision of relatives or other close persons if it is necessary for the benefit of the child;

evasion of parents from education of children or from protection of their rights and interests;

refusal of parents to take the children from educational organizations, medical institutions, organizations of social protection of the population and other similar organizations.

Data are also represented in cases when parents are unknown or acknowledged court missing, or stay on education of parents is not equitable to legitimate interests of the child, in cases when there is direct danger to their life and health when children are the victims of human trafficking, and also in other cases of deprivation of children of parent guardianship.

II. Identification and submission of information about children without parental support

3. The guardianship and custody body reveals and records children without parental support.

4. Data in guardianship and custody body on children without parental support, are represented:

child's relatives;

chairmen (aksakals) of self-government institutions of citizens;

officials of bodies of the civil registration (CR) (in cases if in case of registration of death of citizens it becomes known about the children who were left without parent care, and also in other cases);

courts (in cases, if in case of pronouncement of decisions on recognition of the citizen incapacitated, about the announcement his dead, in case of taking prisoner or condemnation to imprisonment of persons having in charge minor children and also in other cases when children are left without care of parents);

officials of organizations (preschool educational organizations, educational institutions, medical institutions, organizations of social protection of the population and other organizations), public associations;

citizens who knew of children without parental support.

5. The reasons for which children were left without care of parents come to light individually concerning each of parents.

6. Self-government institutions of citizens transfer to guardianship and custody body of the information about children without parental support, and also about children whose parents are absent more than six months and do not take part in their education and content, do not show concerning children of parent attention and care.

7. The fact of leaving of children without care of parents is determined by self-government institutions of citizens according to members of public forming "Makhalla of posbona", and also according to the citizens living in nearby houses.

8. In case of detection of children without parental support, the statement of detection separately on each child is drawn up.

The statement is drawn up by the representative of self-government institutions of citizens with participation of two neighbors. The act affirms the chairman (aksakal) of self-government institutions of citizens.

The sample of the statement which is drawn up in self-government institutions of citizens is developed and affirms the Ministry of Internal Affairs of the Republic of Uzbekistan in accordance with the established procedure.

9. The chairman (aksakal) of self-government institutions of citizens within seven days from the date of detection of children without parental support, reports in guardianship and custody body data with appendix of the act of detection of children.

The chairman (aksakal) of self-government institutions of citizens after detection of children without parental support, takes measures for identification of relatives of the children or persons supporting friendly relations with the child's family for the temporary room of children in these families with capture at them of the receipt on proper care of children before adoption of the relevant decision.

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