of January 2, 2014 No. ZRU-364
About guardianship and custody
Accepted by Legislative house on November 8, 2013
Approved by the Senate on December 12, 2013
The purpose of this Law is regulation of the relations in the field of guardianship and custody.
The legislation on guardianship and custody consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about guardianship and custody then are applied rules of the international treaty.
In this Law the following basic concepts are applied:
guardianship - legal form of child placement and the children without parental support who did not reach age of fourteen years, and also the citizens recognized by court incapacitated for the purpose of their content, education and education, protection of their property and personal non-property rights and legitimate interests;
guardianship - legal form of child placement and children without parental support, aged from fourteen up to eighteen years, and also the citizens limited to court in capacity to act for the purpose of their content, education and education, protection of their property and personal non-property rights and legitimate interests. Over full age capable citizens who for health reasons cannot independently perform the rights and carry out the obligations, guardianship can be established at the request of these persons;
the ward - person concerning whom guardianship or custody is established;
persons needing establishment of guardianship or custody over them are the orphan children and children without parental support, children having the parents who are not deprived of the parent rights, and being in the situation which is posing direct threat of their life or to health or not meeting the requirements to their content, education and education, the full age capable citizens needing guardianship for health reasons, the incapacitated or limited in capacity to act citizens who need special care, and also protection of their rights, freedoms and legitimate interests.
The main directions of state policy in the field of guardianship and custody are:
ensuring timely identification, accounting and the device of persons needing establishment of guardianship or custody over them;
protection of the rights, freedoms and legitimate interests of wards;
ensuring execution of the legislation on guardianship and custody;
providing priority of family form of education of children;
support of the families caring for persons needing establishment of guardianship or custody over them;
ensuring interaction between state bodies, public authorities on places, self-government institutions of citizens and non-state non-profit organizations in the field of guardianship and custody;
implementation of international cooperation in the field of guardianship and custody.
The basic principles of guardianship and custody are:
legality;
humanity and mercy;
individual approach in questions of guardianship and custody;
priority of family form of education of children;
voluntariness of acceptance and refusal of obligations on guardianship and custody.
Guardianship and custody bodies in the location of the family which accepted persons needing establishment over them of guardianship or custody for the purpose of ensuring social and psychological adaptation of wards perform maintenance of this family.
Maintenance of the family which accepted persons needing establishment over them of guardianship or custody assumes rendering advisory, legal, public, psychology and pedagogical, medical care, stipulated by the legislation.
Maintenance of the family which accepted persons needing guardianship or custody is performed gratuitously.
Treat the state bodies performing activities in the field of guardianship and custody:
Cabinet of Ministers of the Republic of Uzbekistan;
Ministry of national education of the Republic of Uzbekistan;
Ministry of Health of the Republic of Uzbekistan;
public authorities on places.
Activities for guardianship and custody are performed:
district, city departments of methodical providing and the organization of activities of organizations of national education - concerning minors;
district, city medical associations - concerning the citizens recognized by court incapacitated or limited in capacity to act and also concerning the full age capable citizens needing guardianship for health reasons;
It is excluded
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