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FAMILY CODE OF THE KYRGYZ REPUBLIC

of August 30, 2003 No. 201

(as amended on 17-08-2020)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 26, 2003

Section I. General provisions

Chapter 1. Family legislation

Article 1. Main objectives of the family legislation

1. Family - basis of society

Family, paternity, motherhood, the childhood - subject of care of all society and preferential protection by the law.

The state provides training of citizens for family life, matrimony, paternity and motherhood.

The state provides content, education, training of the orphan children and children deprived of parent care.

The family legislation proceeds from need of strengthening of family, creation of the family relations on feelings of mutual 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, possibilities of judicial protection of these rights, gender equality in the family relations.

2. The scrap concluded in the state bodies and local government bodies given authority on state registration of acts of civil status is recognized.

The religious practices concerning questions of marriage and family have no legal value.

3. Regulation of the family relations is performed according to the principles of marriage on the basis of the voluntary union of the man and the woman who reached age of consent, equal rights and obligations of spouses in scrap and family, permissions of intra family questions by mutual consent, ensuring the best interests of the child, priority of family education of children, cares of their welfare and development, ensuring due protection of the rights and interests of minor and disabled family members.

4. 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, ethnic, language or religious affiliation, restrictions in health.

The rights of citizens in family can be limited only based on the law and only in that measure in what it is necessary for the purpose of health protection and morality of the population, protection of the rights and freedoms of other family members and other persons.

Article 2. The basic concepts used in this Code

In this Code the following basic concepts are used:

scrap - the equal and voluntary union between the man and the woman concluded in case of free and mutual assent of the parties in the procedure established by the law, for the purpose of creation of family, generating the property and personal non-property relations between spouses;

sham marriage - the marriage concluded without intention to establish family, for achievement of any benefits following from the scrap registration fact;

family - the group of people, the connected property and personal non-property rights and obligations following from scrap, relationship, adoption or other form of acceptance of children on education and designed to promote strengthening and development of the family relations;

age of consent - age on reaching which person has the right to marry;

the childhood - legal condition of persons which did not reach age of majority;

the contractual mode of property - the mode of property of spouses set by the marriage agreement;

the agreement of surrogacy - the agreement between persons wishing to have the child and the woman who agreed to application of method of artificial insemination or implantation of embryo;

alimony - content which one person shall provide to other person having the right to its obtaining;

marital status - condition in scrap or divorce, availability or absence of children or other family members;

financial position - availability or lack of the salary, pension, other income, their extent, property availability, extent of loss (condition) of working capacity, obtaining or non receipt of financial support from other family members;

acts of civil status - legally drawn up circumstances which individualize the person and with which origin, change and the termination of its rights and obligations are connected;

close relatives are the parents, children, adoptive parents adopted full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

the paragraph the fourteenth ceased to be valid according to the Law of the Kyrgyz Republic of 17.05.2012 No. 54

the guardian (custodian) - person designated in the procedure established by the law for implementation of functions on guardianship and custody;

guardianship (guardianship) - legal form of protection of the rights and interests of the minor children and persons recognized by court incapacitated (it is limited by capable);

departments of family support and children - the specialized structural divisions on protection of the rights and legitimate interests of children created under district public administrations or under executive local government bodies;

disabled family members are children (including adopted or adopted) up to sixteen years, parents (including adoptive parents), the spouse (spouse), native full and not full brothers and sisters (up to sixteen years or reached retirement age according to the pension legislation or recognized disabled as medico-social commission of experts (MSEK);

reproductive health - the health of the person reflecting its capability to reproduction of full-fledged posterity;

surrogacy - conception, incubation and the child's birth under the contract between substitute mother and potential parents;

gender equality - identical social position of persons of different floor in society;

house work - the independent type of labor activity directed to family requirements satisfaction;

the worst forms of child labor - all forms of slavery, and also forced or obligatory labor, including work which in character or to conditions of accomplishment can do harm to health or morality of children;

malicious evasion from payment of the alimony - systematic (more than three months in a row or it is total within one year in case of obligation to pay the alimony monthly or more than three times in case of obligation to pay the alimony periodically based on article 109 of this Code), intentional non-execution or execution not in full the alimentary agreement or court resolution on payment of the alimony, including by concealment of the income completely or partially, concealments of property on which collection, not informing the legal executive on change of work, study, the place of receipt of the income, provisions of false data on the income and property, the residence and works irrespective of accountability for offense can be turned.

Article 3. Gender equality in the family relations

1. According to the equal rights enshrined in the Constitution of the Kyrgyz Republic and freedoms of women and men, equal opportunities for their realization in the Kyrgyz Republic of the woman and man have equal personal and property rights and obligations in the family relations.

2. Gender equality in the family relations is protected by society and the state.

3. The relations between the family members and persons living together with them are based on the principles of gender equality, and also on respect of honor and advantage of the personality.

4. Gender discrimination in the family relations is forbidden.

Article 4. The family legislation and other acts containing regulations of law of domestic relations

2. On the basis and in pursuance of of this Code, other laws, presidential decrees of the Kyrgyz Republic, the Government of the Kyrgyz Republic has the right to adopt regulations in the cases which are directly provided by this Code, other laws, presidential decrees of the Kyrgyz Republic.

Article 5. Application to the family relations of the civil legislation

To the property and personal non-property relations between family members called in preamble of this Code not settled by the family legislation (Article 4 of this Code), the civil legislation is applied so far as it does not contradict being of the family relations.

Article 6. Application of the family legislation and civil legislation to the family relations by analogy

If the relations between family members are not settled by the family legislation 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 7. Family legislation and rules of international law

If the international treaty which became effective in the procedure established by the law which participant is the Kyrgyz Republic establishes other rules, than those which are provided by the family legislation then are applied rules of the international treaty.

Chapter 2. Implementation and protection of the family rights

Article 8. Implementation of the family rights and execution of family obligations

1. Citizens at discretion dispose of the rights belonging to them following from the family relations (the family rights) including right of defense of these rights 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, if they are performed in contradiction with purpose of these rights.

Article 9. Protection of the family rights

1. Protection of the family rights is performed by court on civil procedure rules, and in the cases provided by this Code - state bodies, guardianship and custody bodies.

2. Protection of the family rights is performed by the methods provided by the relevant articles of this Code and the Code of the Kyrgyz Republic about children.

Article 10. Use of limitation period in the family relations

1. 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.

2. In case of application of the regulations establishing limitation period, the court is guided by rules of Articles 214 - 219 Civil codes of the Kyrgyz Republic.

Section II. Conclusion and termination of scrap

Chapter 3. Conditions and procedure for marriage

Article 11. Marriage

1. Scrap consists in bodies of civil registration in the cases provided by the law in the diplomatic representations and consular establishments of the Kyrgyz Republic which are in the territory of foreign state.

2. In case of delegation to local government bodies of the state powers on implementation of state registration of acts of civil status scrap consists in local government bodies.

3. The rights and obligations of spouses arise from the date of state registration of marriage.

Article 12. Procedure for marriage

1. Scrap consists by state registration of marriage, in case of personal presence of persons marrying after month from the date of submission of the statement by them in bodies of civil registration.

In the presence of special circumstances (pregnancy, the child's birth, direct threat of life of one of the parties) it can be got married in day of filing of application.

2. State registration of marriage is made according to the procedure, established for state registration of acts of civil status.

3. The refusal of body of civil registration in registration of scrap can be appealed by persons wishing to marry (one of them), according to the procedure, determined by the legislation on administrative activities.

Article 13. Marriage conditions

1. Are necessary for marriage mutual voluntary 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 circumstances specified in article 15 of this Code.

Article 14. Age of consent

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

2. In the presence of reasonable excuses executive bodies of local self-government at the place of residence of the persons who are wishing to marry, having the right to reduce at the request of these persons age of consent for men and women no more than for one year based on the commission conclusion of departments of family support and children.

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