of January 10, 2012 No. 258-IV
1. For the purposes of of this Code the following basic concepts are used:
1) family - the group of people, the connected personal non-property and property rights and obligations following from scrap, relationship, adoption or adoption (further adoption) or other form of acceptance of children in family;
2) scrap - the voluntary equal union of the man and woman concluded in the procedure established by the law for creation of family, generating the mutual rights and obligations of spouses;
3) spouses - persons who are married among themselves (the husband and the wife);
4) the former spouses - persons who dissolved marriage among themselves;
5) the fair spouse (spouse) - person who got married in the procedure established by the law with actual intent to establish family;
6) sham marriage - the marriage of the man and woman concluded in the procedure established by the law without actual intent to establish family;
7) the child - person under the age of of eighteen years (age of majority);
8) parents - persons (the father and mother) registered in the birth statement of the child as his parents;
9) the adoptive father - the full age person or spouses (one of them) who took (adopted) the child on education;
10) the stepfather - mother's husband in relation to her children from former scrap;
11) the stepmother - the father's wife in relation to his children from former scrap;
12) the stepson - the son of one of spouses in relation to another, for it nonnative;
13) the stepdaughter - the daughter of one of spouses in relation to another, for it nonnative;
14) relatives - the persons connected among themselves by natural cognation and coming one from another or from the general ancestor. Relatives are the great-grandfather (great-grandmother), the grandfather and the grandmother on the father's side and mothers, the father (mother), the son (daughter), grandsons, great-grandsons, brothers and sisters, uncles (aunt), nephews and others;
15) relatives on the direct ascending line - the faces tied among themselves on the straight line ascending the line of relationship that is when it is considered from posterity to the ancestor: grandson, son, father, grandfather;
16) relatives on the direct descending line - the faces tied among themselves on direct descending line that is when it is considered from the ancestor to posterity: grandfather, father, son, grandson;
17) close relatives are parents (including adoptive parents), spouses, children (including adopted), the grandfather and the grandmother on the father's side and mothers, grandsons, full and not full brothers and sisters;
18) full brothers and sisters - the brothers and sisters occurring from general parents;
19) not full brothers and sisters - the brothers and sisters occurring from one father and different mothers or from one mother and different fathers;
20) legal representatives - persons (parents, adoptive parents, guardians (custodians), and also representatives of organizations and organizations on which care there is person), by law speakers in all organizations, including judicial, in protection of personal non-property and property rights and legitimate interests incapacitated, restrictedly capable or capable, but owing to physical condition (on old age, disease, etc.) not capable to independently perform the rights and to carry out the obligations;
21) the disabled family members and faces consisting in dependence - children (including adopted, stepsons (stepdaughters), persons who are studying full-time before achievement of age by them twenty three years the brothers and sisters, grandsons who did not reach age of eighteen years or are more senior than this age if they became disabled people before achievement of age of eighteen years, at the same time brothers and sisters, grandsons - under condition if they have no able-bodied parents, stepsons (stepdaughters) - if they did not receive the alimony from parents; the father and mother, including adoptive parents, the husband and the wife, the grandfather and the grandmother on the father's side and mothers who reached retirement age: men - 62 years, women - 57 years, or are persons with disability and do not receive pension or public welfare payment; one of parents or spouses (spouse) or the grandfather and the grandmother on the father's side and mothers, the brother and the sister, irrespective of age and working capacity if he (she) is busy with care of the children, brothers and sisters, grandsons of the died supporter who did not reach age of eight years and does not work;
22) the actual tutors - the persons who took to themselves on permanent education and content of minor children, and actually brought up them;
23) bodies of ZAGS - the state bodies of the civil registration (CR) including departments of ZAGS of hyakimlik of the cities with the rights of welayats, etraps, cities with the rights of etraps, etraps in the city, Gengesha and also diplomatic representations or consular establishments of Turkmenistan, authorized to perform state registration of acts of civil status;
24) acts of civil status - actions of citizens or event and the facts influencing origin, change or the termination of the rights and obligations, and also characterizing legal condition of citizens, reflected in the corresponding civil registrations which are subject to state registration;
25) guardianship and custody bodies - departments of hyakimlik of welayats, cities with the rights of welayats, etraps, cities with the rights of etraps, etraps in the city, and in settlements where they are absent, - local government bodies;
26) the residence - the place where the physical person permanently or mainly lives;
27) the place of stay - the place where the physical person temporarily lives;
29) the alimony - means which in the cases established by the law one family members shall pay on content of others;
30) the single parent - mother (father) or person replacing she (he) (in case of absence of the parent) who is bringing up the child alone;
31) family members - persons (the husband and the wife, their children and parents, and also jointly living with them other family members) who have the rights and obligations based on the family relation;
32) the certificate - the document of the established sample issued by bodies of ZAGS in case of civil registration.
2. All other concepts used in this Code are applied in the values determined by civil and other legislation of Turkmenistan.
1. The family legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan.
2. If the international treaty of Turkmenistan establishes other rules than containing in this Code, then rules of the international treaty are applied.
1. The purpose of the family legislation of Turkmenistan is establishment of the state guarantees of protection of family, motherhood, paternity and the childhood, creation of conditions for economic independence of family and growth of welfare of all her members.
2. Tasks of the family legislation of Turkmenistan are:
1) voluntary creation of family on the basis of mutual love of the man and the woman;
2) strengthening in family of the moral principles;
3) providing the equal rights of spouses in the family relations;
4) increase in responsibility to family of all her members;
5) protection of motherhood, paternity and childhood;
6) providing in family of favorable conditions for healthy development and formation of the child;
7) non-admission of intervention someone in cases of family;
8) non-admission of violence expression in any its form concerning any family member;
9) creation in family of favorable conditions for combination by parents of labor activity with family obligations.
The family legislation of Turkmenistan establishes conditions and procedure for marriage, governs the personal non-property and property relations between spouses, parents and children, adoptive parents and the adopted, other family members, the relations arising in connection with adoption, guardianship (guardianship), and in the cases and limits provided by the family legislation of Turkmenistan - between other relatives and other persons, and also determines forms and procedure for the device in seven children without parental support, conditions and procedure for annulment of marriage, recognition its invalid, procedure for state registration of acts of civil status.
The civil legislation of Turkmenistan if it does not contradict being of the family relations is applied to the personal non-property and property relations between family members which are not settled by the family legislation of Turkmenistan.
1. If the relations between family members are not settled by the family legislation of Turkmenistan or the agreement of the parties, and in the absence of the regulations of the civil law which are directly governing the specified relations the regulations of the family and (or) civil law governing the similar relations (analogy of the law) are applied if it does not contradict their being.
2. 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).
1. Legal regulation of the family relations in Turkmenistan is performed by the state.
2. The scrap registered only by body of ZAGS is recognized Turkmenistan.
3. The religious practice of scrap, as well as other religious practices, have no legal value. This rule does not belong to the religious practices of scrap made before formation in Turkmenistan of bodies of ZAGS, and documents on the birth, the conclusion and annulment of marriage, and also death received in their certificate.
4. In Turkmenistan polygamy is not allowed. Polygamy is understood as cohabitation to two or several women at the same time in case of joint maintaining general economy.
1. Citizens at discretion dispose of the rights belonging to them following from the family relations (the family rights) including the right to their protection if other is not established by this Code.
2. Implementation by the member of the family of the rights and execution of the obligations by it shall not violate the rights, freedoms and legitimate interests of other family members and other citizens.
1. The family rights are protected by the law, except as specified, when they are performed in contradiction with purpose of these rights.
2. Protection of the family rights is performed by court according to civil legal proceedings of Turkmenistan, and in the cases provided by the family legislation of Turkmenistan, public authorities, local government bodies, including guardianship and custody bodies.
On the requirements following from the family relations, limitation period does not extend, except as specified, when term for protection of the violated rights is established by the legislation of Turkmenistan. In these cases limitation period is applied by court according to the civil legislation of Turkmenistan.
1. The current of term of limitation period begins with the moment of emergence of the requirement.
2. If according to the requirement there is need to refrain from any action, then the current of term of limitation period begins with the moment of making of the specified action.
In case of application of the regulations establishing limitation period, the court is guided by the civil legislation of Turkmenistan.
Calculation of the terms established by this Code is made according to the civil legislation of Turkmenistan.
1. The man and the woman on reaching age of consent irrespective of nationality or religion have the equal rights to marriage and creation of family. Spouses in the family relations are equal.
2. The man and the woman have the equal rights during marriage, during marriage and during its termination.
1. State registration of marriage is made by body of ZAGS.
2. The age of consent is established in eighteen years.
3. In exceptional cases in the presence of reasonable excuses guardianship and custody bodies can at the request of persons wishing to get married, reduce age of consent, but no more than for one year.
In this case such person from the date of marriage acquires capacity to act in full. At the same time his capacity to act remains in full and in case of annulment of marriage.
1. Scrap can consist only by free and mutual consent of persons wishing to get married on reaching them age of consent.
2. It cannot be got married in the presence of the circumstances specified in article 20 of this Code.
1. Persons which reached age of consent and persons interested to get married, the application having the right to submit to bodies of ZAGS for the residence of one of them or for the residence of their parents.
2. They shall specify surname what of spouses is wished to be chosen as their general surname in the statement, or to keep premarital surname of everyone whether each of them was married earlier and whether had in this scrap of children, whether there are joint children. The passport is enclosed to the application (or the document replacing it).
3. Persons wishing to get married shall be acquainted under list in the statement by persons, representatives to perform state registration of marriage, with circumstances under which marriage, specified in Article 20, and also about the bases of recognition of scrap invalid, 32 of this Code specified in Article is not allowed.
4. Marriage is carried out with the assistance of persons wishing to get married after one month from the date of submission of the statement by them to bodies of ZAGS.
5. In case of reasonable excuses (pregnancy, the child's birth, availability of joint children, departure to other area in connection with work or study, conscription, desire to register scrap in day of holding wedding and other circumstances) at the request of persons wishing to get married, bodies of ZAGS for place of registration of marriage shall make state registration of marriage before the expiration provided by part four of this Article (in the day chosen by persons wishing to get married) including in day of filing of application.
6. In case of the circumstances provided by part five of this Article at the request of persons wishing to get married, bodies of ZAGS shall extend the term appointed for state registration of marriage, but no more than up to six months, since the day appointed for marriage registration. At the same time repeated filing of application for marriage and payment of the state fee are not required. In case of the address about marriage after six months, since the day appointed for registration of marriage, persons wishing to get married shall submit the new application to bodies of ZAGS, at the same time repeated payment of the state fee is not required.
7. In the presence of the reasonable reasons at the request of persons wishing to get married registration of marriage can be made out of the location of bodies of ZAGS.
Bodies ZAGS which adopted statements at persons wishing to get married shall acquaint them with conditions and order of registration of marriage, to make sure that these persons are mutually informed on the state of health and marital status, and also to explain them their rights and obligations as future spouses and parents and to warn about responsibility for concealment of the circumstances which are not allowing marriage.
1. Day of registration of marriage is appointed in coordination with persons wishing to get married according to procedure, stipulated in Clause the 17th of this Code.
2. In the day appointed for marriage registration, the body of ZAGS makes marriage registration in a festive atmosphere. The body of ZAGS provides solemn situation of registration of scrap in case of the consent to it of persons marrying.
3. Registration of marriage is made in the presence of persons wishing to get married.
4. Registration of marriage is made by bodies of ZAGS for the residence of one of persons wishing to get married, or for the residence of their parents according to the procedure, established for state registration of acts of civil status.
5. After marriage registration to spouses the certificate on marriage is granted.
6. On the page for marks in the passport (or the document replacing it) persons who got married the mark (record is made) about registration of marriage with indication of surname, name, middle name and year of birth of the spouse (spouse), the place and time of registration of marriage and the chosen surname as which the spouse (spouse) after marriage registration will hereinafter be referred to as becomes.
Marriage is not allowed between:
1) persons, at least one of which at the time of filing of application already consists in other registered scrap;
2) relatives on straight line to the ascending and descending lines, between full and not full brothers and sisters, and also between adoptive parents and adopted;
3) persons, at least one of which is recognized as court incapacitated owing to mental disturbance (sincere disease or weak-mindedness).
1. Persons wishing to get married by mutual consent can undergo physical examination, and also get advice on medico-genetic questions and questions of planning of family in organizations of the state health care system free of charge.
The procedure for provision of the specified services is determined by the Cabinet of Ministers of Turkmenistan.
2. Results of inspection of persons wishing to get married are medical secret and are told only them.
3. If in case of marriage one person hid from other person availability at it the kozhnovenerichesky disease or disease caused by human immunodeficiency virus (HIV infection) or other disease recognized by the World Health Organization dangerous to the family relations the last person has the right to take a legal action with the requirement about scrap recognition by invalid.
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