THE CODE OF THE KYRGYZ REPUBLIC ABOUT CHILDREN

of July 10, 2012 No. 100

Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 31, 2012

This Code establishes basic guarantees of the rights and legitimate interests of the children provided by the Constitution of the Kyrgyz Republic and is aimed at providing the level of living with the state necessary for physical, intellectual, moral, spiritual and social development of children, protection and manifestations of special care concerning the children who are in difficult life situation.

Section I. General provisions

Chapter 1. Legislation of the Kyrgyz Republic on protection of the rights and interests of children

Article 1. Scope of this Code

This Code governs the relations in the sphere of providing the rights and interests of the children who are in the territory of the Kyrgyz Republic, and also children - the citizens of the Kyrgyz Republic who are outside the Kyrgyz Republic, including ensuring protection of children, being in difficult life situation.

Article 2. Legislation on children

The legislation of the Kyrgyz Republic in the sphere of providing the rights and interests of children consists of the Constitution of the Kyrgyz Republic, the Convention on the Rights of the Child, of this Code, other regulatory legal acts of the Kyrgyz Republic, the conventional principles and rules of international law, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic (further - the international agreements).

Article 3. Main objectives and tasks of the legislation in the sphere of providing the rights and interests of children

1. The purposes of this Code are protection of civil, political, economic, social, cultural and other laws, interests and freedoms of the children, and also ensuring protection of children who are in difficult life situation.

2. Tasks of this Code are establishment of the principles and measures for protection of children, forming of warranty bases of the rights of the child; functioning of relevant organs and organizations for protection of children; determination of competence of state bodies and local government bodies in providing the rights and interests of children and procedure for their interaction.

Article 4. Basic principles of protection of the rights and interests of children

Protection of the rights and interests of children is based on the following basic principles:

recognitions of first priority of the rights and interests of the child for the purpose of ensuring the best interests of the child;

ensuring access of children to free services in volume of the state guarantees provided by the law, in particular to the children who are in difficult life situation;

inadmissibility of discrimination of children on the basis of race, skin color, floor, language, religion, national or social origin, property status, the state of health, and also on any other signs;

providing the right of the child to expression of the opinion in case of decision making, concerning its destiny;

ensuring protection of the child against all forms of violence;

inadmissibility of operation of child labor in its worst forms for the purpose of extraction of economic benefit;

responsibility of public authorities and local self-government, their employees, and also other physical persons and legal entities for violation of the rights and interests of the child, causing to it harm;

ensuring stability and continuity of education and education of the child;

priority of protection of the rights and interests of the child from the state, society, family;

prevention of separation of the child with family and providing the rights of the child to family environment;

providing each child with the right to the level of living necessary for its physical, intellectual, spiritual, moral and social development;

responsibility of parents for providing the living conditions necessary for development of the child, within the capabilities and financial opportunities;

ensuring with the state content, education, training of orphan children and children without parental support.

Article 5. The basic concepts used in this Code

In this Code the following concepts are used:

the minor - the child who did not reach 18-year age;

the children who are in difficult life situation - children without parental support, children with limited opportunities of health, the children who are in the conflict with the law, being the victim of violence or crimes, the children living in needy families, the working children, neglected children, street children, children in zones of the conflicts and emergency situations which activity is objectively broken as a result of the developed circumstances, and also children who cannot overcome the specified circumstances independently or by means of family;

difficult life situation - the situation which is objectively breaking activity of the citizen (disability, inability to self-service in connection with old age or disease, orphanhood, neglect, low-security, unemployment, lack of certain residence, the conflicts and ill treatment in family, loneliness, etc.), and also its moral and psychological condition connected with inability independently to overcome this situation;

the neglected child - the child whose control over behavior is absent owing to non-execution or improper execution or evasion from accomplishment of the obligations on its content, education from legal representatives;

the street child - the neglected child who is not taking certain residence and (or) stay;

children with limited opportunities of health are the children having the functional violations of health caused by diseases, consequences of injuries or defects, leading to restriction of activity as a result of physical and (or) mental defects and causing the necessity of their social protection;

children without parental support are persons aged up to 18 years deprived of parent care from the only thing or both parents in connection with their death and also if parents are unknown (orphan children) who have no parents in connection with deprivation them or restriction of their parent rights, recognition of parents it is unknown absent, incapacitated (it is limited by capable), stay them in medical institutions, serving of custodial sanction by them, stay them in places of detention, evasion of parents from education of children or from protection of their rights and interests, refusal of parents to take the children from educational, medical institutions, organizations of social protection of the population and other similar organizations and in other cases of recognition of the child without parental support in the procedure established by the law;

orphan children are persons aged up to 18 years at which both parents or the single parent died or parents are unknown;

maintenance of family and the child - implementation by the state body authorized by the Government of the Kyrgyz Republic on protection of children and its territorial subdivisions (further - authorized body on protection of children) coordination of all social work and actions for protection of the child who is in difficult life situation;

protection of children, being in difficult life situation - complex of actions for rendering the services of social and economic, social and medical, social and psychological, social and legal and other nature directed to the device, social support, social adaptation and rehabilitation of the children who are in difficult life situation;

the children who are in the conflict with the law - the children who are the suspects accused of making of crimes, the defendants condemned for making of crimes and also the children concerning whom proceeedings about administrative offense are conducted found of the procedure established by the legislation guilty in making of administrative offense;

the program for derivation from justice is the program for the prevention of initiation of judicial processes concerning minors directed to assistance of rehabilitation and social reintegration of the child for the purpose of prevention of making of repeated offense;

the justice for children is the system of actions concerning the children who are in the conflict with the law, and also being the victims and witnesses on criminal cases including questions of prevention of offenses, administrations of law, social resettlement and integration taking into account gender and age, intellectual, physical and mental features of their development;

the juvenile justice is the system of actions concerning the children who are in the conflict with the law including questions of prevention of offenses, administrations of law, social resettlement and integration taking into account gender and age, intellectual, physical and mental features of their development;

the worst forms of child labor - form of child labor which include:

all forms of slavery or the practice similar to slavery, for example, sale of children and trade in them, debt bondage and serfdom, and also forced or obligatory labor, including forced or obligatory recruitment of children for their use in armed conflicts;

use, recruitment or the proposal of the child for occupation prostitution, productions of pornographic products or pornographic representations;

use, recruitment or the proposal of the child for occupation unlawful activity, in particular, for production and sale of drugs as they are determined in the corresponding international treaties;

work which in character or to conditions in which it is carried out can do harm to health, safety or morality of children;

the tough treatment of the child (violence) is the any actions in relation to the child breaking or threatening its physical or mental development;

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;

legal representatives are parents, adoptive parents, custodians, guardians, in case of their absence - the employee of authorized body on protection of children;

the best interests of the child are:

- recognition of first priority of the rights and interests of the child with their fixing in the legislation;

- inadmissibility of discrimination on the basis of race, skin color, floor, language, religion, political or other convictions, national, ethnic or social origin, property status, the state of health or on any other circumstances;

- providing it with first-priority protection and care;

- respect and providing rights and freedoms of the child as equal member of society;

- providing the right of the child to express the opinion with its obligatory accounting in case of decision making, concerning the child;

- ensuring protection of the child against all forms of violence;

- the state family support for the purpose of ensuring full education of the child, protection of its rights and interests, preparation it to full-fledged life in society;

- increase in awareness and sensitivity of parents, their representatives and society to the rights and special needs of the child;

- decentralization of services in protection of the child, ensuring partnership between the public and non-state institutions in the sphere of protection of the rights and interests of the child;

- responsibility of officials of public authorities and local self-government, and also citizens for violation of the rights, freedoms and legitimate interests of the child, causing to it harm;

- ensuring stability and continuity of guardianship, education and education of the child taking into account ethnic, religious and cultural origin of the child by provision of measures for its protection;

- protection and protection of the rights and freedoms of the child from the state, society, family;

- obligation of the parents and persons replacing them to provide proper development of the child.

Article 6. State policy in the sphere of providing the rights and interests of children

1. State policy in the sphere of providing the rights and interests of children is directed:

1) on full providing and protection of the rights and interests of children according to the legislation of the Kyrgyz Republic;

2) on proper ensuring protection of children, being in difficult life situation;

3) on forming of conscientious attitude of citizens to the birth of healthy, desired children by education at parents of sense of responsibility for their birth;

4) on respect for the principles of gender equality;

5) on enhancement of the regulatory legal base in the sphere of providing the rights and interests of children;

6) on assistance to physical, intellectual, mental, spiritual and moral development of children.

2. Providing the rights, interests and protection of children which are in difficult life situation is one of priority areas of state policy and in activities of public authorities and local self-government.

3. Financing of actions for realization of state policy in the sphere of providing the rights and interests of children is performed from republican and the local budgets and other sources which are not forbidden by the legislation of the Kyrgyz Republic.

Chapter 2. Rights and interests of children, guarantees of their providing

Article 7. Basic guarantees of the rights of the child to life and education in family

1. Each child has the right to live and be brought up in family. Education is recognized family to priority and corresponding interests of the child and can be stopped only on the bases, stipulated by the legislation the Kyrgyz Republic.

2. The child has the right to care from the parents and persons replacing them the right to communication with relatives, to protection of its interests, all-round development, respect of its human dignity.

3. The child living separately from parents or one of them has the right to free communication with them and other relatives, receipt of information on them if it does not contradict interests of the child, its normal development.

Article 8. Child's right to rest

Public authorities and local self-government within the powers perform actions for providing the rights of children to rest and improvement, preserving and development of organizations which activities are directed to rest and improvement of children.

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