of May 3, 2014 No. 74-V
About the state guarantees of the rights of the child
(In edition of the Laws of Turkmenistan of 18.06.2016 No. 419-V, 25.11.2017 of No. 661-V)
This Law determines legal, social, economic and organizational basis of state policy in the sphere of protection of the rights, freedoms and legitimate interests of the child, determines legal status of the child as independent subject and is aimed at providing its all-round development, forming at it high moral qualities, his education in the spirit of patriotism, civic consciousness on the basis of historical and national traditions, universal spiritual and moral, cultural and social values and accepted in the society of the principles, rules and moral standards, respect of public and state interests.
In this Law the following basic concepts are used:
1) the child – person under the age of of eighteen years (age of majority);
2) the childhood – the period of life of the child before achievement of age of majority by it;
3) protection of the rights of the child – package of measures, the rights performed by society and the state, directed to protection, freedoms and legitimate interests of the child, ensuring education and development of the child according to its developing capabilities;
4) the orphan child – the child who was left without care of both parents or the single parent in connection with their death or announcements by court by their dead;
5) the child, without parental support or other legal representatives (further – parents) – the child whose parents died, are announced by court died, are deprived of the parent rights, are limited in the parent rights, for health reasons cannot personally bring up and contain the child, are acknowledged in accordance with the established procedure it is unknown absent, incapacitated, is limited by capable, serve sentence in the organizations performing custodial sanction evade from education of the child or from protection of its rights and legitimate interests, and also without parental support on other reasonable excuses;
6) the child with disability – the child with steady physical, mental, intellectual or touch violations which in case of interaction with various barriers can interfere with its complete and effective participation in life of society on an equal basis with other children;
7) legal representatives of the child – persons (parents, adoptive parents, guardians, custodians, and also representatives of organizations and organizations on which care there is child), by law speakers in all bodies and organizations, including judicial, in protection of personal non-property and property rights and legitimate interests of the child.
The legislation of Turkmenistan on the state guarantees of the rights of the child is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.
1. Operation of this Law extends to the relations arising in the sphere of protection of the rights, freedoms and legitimate interests of the child.
2. Operation of this Law extends also to the child of the foreign citizen, the stateless person, person who is the refugee, the child refugee living in the territory of Turkmenistan.
1. Turkmenistan guarantees equal rights and freedoms of each child living in the territory of Turkmenistan irrespective of nationality, race, floor, origin, social and property status, the residence him and his parents, language, education, the relation to religion, circumstance of its birth, the state of health or other circumstances.
2. Each child has the right to have all rights and freedoms granted to it. In case of realization of the rights, freedoms and legitimate interests of the child the best interests of the child shall be provided.
3. The equal rights of the child are provided with the laws and other regulatory legal acts of Turkmenistan, the conventional principles and rules of international law.
4. Violation of equality of the child on the basis of sex, races, nationalities, origins, social and property status, the residence him and his parents, language, education, the relation to religion, circumstance of its birth, the state of health or on other distinctions attracts responsibility, stipulated by the legislation Turkmenistan.
1. The rights of the child cannot be limited, except as specified, established by the legislation of Turkmenistan.
2. Any actions and (or) failure to act limiting the rights and legitimate interests of the child are invalid.
1. Priority of state policy for the benefit of the child is ensuring its best interests.
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