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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 24, 2013 No. 522

About questions of guardianship and custody

(as amended on 13-11-2020)

According to Articles 36, 67 - 79 Codes of the Kyrgyz Republic about children, Articles 66 - 76 Civil codes of the Kyrgyz Republic, article 10 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", for the purpose of regulation of questions of the organization and implementation of activities for guardianship and custody the Government of the Kyrgyz Republic decides:

1. Approve enclosed:

- Regulations on guardianship and custody;

- Regulations on procedure for accommodation of the child out of family.

2. This resolution becomes effective from the date of official publication.

Prime Minister

Zh. Satybaldiyev

Approved by the Order of the Government of the Kyrgyz Republic of September 24, 2013 No. 522

Regulations on guardianship and custody

1. General provisions

1. This Provision governs the relations on establishment, implementation and the termination of guardianship and custody over minor children, incapacitated or is limited by capable citizens, the relations on establishment, implementation and the termination of patronage over the full age capable citizen, and also questions of the organization and implementation of activities for guardianship and custody, patronage.

2. The this provision regulations relating to the rights, obligations and responsibility of guardians and custodians are applied to organizations and the organizations in which minor children, incapacitated or restrictedly capable citizens, including to organizations and the organizations for orphan children and children without parental support are placed under supervision.

3. In this Provision the following concepts and terms are used:

"the candidate for guardians and custodians" - the citizen wishing to accept the minor on education and brought by territorial subdivision of authorized body on protection of children in National bank of data on children without parental support as candidates for guardians and custodians;

"the guardianship and custody of person needing establishment" - the full age incapacitated citizens limited in capacity to act citizens, minors which in accordance with the circumstances need leaving, care, education, making of the actions established by the legislation in their interests and from their name;

"ward" - the citizen concerning whom guardianship, guardianship or patronage are established;

"territorial subdivision of authorized state body on protection of children" - the state body performing functions of guardianship and custody (further - territorial subdivision).

4. The relations arising in connection with establishment, implementation and the termination of guardianship and custody are regulated by the Family code of the Kyrgyz Republic, the Code of the Kyrgyz Republic about children, the Civil code of the Kyrgyz Republic and regulatory legal acts of the Kyrgyz Republic adopted according to them, and also this Provision.

5. Activities for guardianship and custody are performed according to the following principles:

1) voluntary acceptance by the citizen of obligations on guardianship and custody;

2) control of implementation of obligations on guardianship and custody;

3) ensuring protection of the rights and legitimate interests of wards.

2. Procedure for establishment of guardianship and custody over persons needing establishment of guardianship and custody

6. Only full age capable persons can be designated by guardians and custodians.

7. Persons cannot be guardians and custodians of persons needing establishment of guardianship and custody:

- suffering from "ludomaniya" or dependent on gamblings, limited to court in capacity to act;

- discharged of accomplishment of obligations of guardians and custodians;

- limited in the parent rights, deprived of the parent rights, the former adoptive parents if adoption is cancelled on their fault;

- persons who for health reasons cannot perform obligations on education of the minor according to the list of diseases approved by the Government of the Kyrgyz Republic;

- criminal record having not removed or not extinguished in the procedure established by the legislation.

Guardianship and custody are established for protection of the rights and interests of the incapacitated or limited in capacity to act citizens. Guardianship and custody over minors are established also for the purpose of their education.

The age difference between the guardian (custodian) and the minor cannot be less than 16 years.

In case of appointment of a guardian or the custodian concerning the minor moral and other personal qualities of the guardian and custodian, its capability to accomplishment of obligations of the guardian and the custodian, the relation between the guardian, the custodian and the child, the attitude towards the minor of members of the family of the guardian and the custodian, and also if it is possible, desire of the most minor are considered.

8. Persons wishing to become guardians or custodians of minors file in territorial subdivision petition in form according to appendix 1 to this Provision and appendix of the following documents:

1) passport copy of the applicant (or other identification document);

2) the copy of the marriage certficate (if the applicant is married);

3) the notarized consent of the spouse to guardianship or custody (if the applicant is married);

4) the reference from the residence of family composition;

5) the medical certificate of the state treatment-and-prophylactic organization about the state of health of person wishing to become the guardian/custodian in form according to appendix 2 to this Provision, and members of his family about absence of the diseases provided by the List approved by the Government of the Kyrgyz Republic in the presence of which person cannot be acknowledged adoptive parent, the guardian or the custodian;

6) the characteristic from place of employment or from the residence;

7) complete autobiography of the applicant;

8) the reference, with indication of position and the salary.

The documents listed in subitems 1-8 of this Item are valid for consideration by their territorial subdivision within six months from the date of their issue.

The employee of territorial subdivision requests from the relevant authorized bodies through system of interdepartmental electronic interaction Tunduk according to the procedure, the established Requirements to interaction of information systems in system of interdepartmental electronic interaction Tunduk approved by the Government of the Kyrgyz Republic, the following information about the applicant:

1) about lack of criminal record;

2) about availability of land share (if necessary);

3) about living creatures availability (if necessary);

4) about state registration as the individual entrepreneur; about the provided single tax declaration; about implementation of business activity on the basis of the patent (if necessary).

9. Persons wishing to be guardians and custodians of the full age incapacitated citizens limited in capacity to act of citizens submit the documents listed in subitems 1 - 4 and 7 - 9 Items 8 of this provision.

Grandmothers and grandfathers, parents, spouses, full age children, full age grandsons, brothers and sisters of the full age incapacitated citizen limited in capacity to act of the citizen persons interested to be guardians and custodians, submit the documents listed in subitems 1, of 4, of the 8th Item 8 of this provision.

10. For preparation of the conclusion about opportunity to be guardian and the minor's custodian, the territorial subdivision draws up the statement by results of inspection of social living conditions of the applicants wishing to be guardians and custodians (appendix 3), in time no more than 14 calendar days from the date of submission of documents specified in Item 8 of this provision.

The documents listed in subitems 4, of 6, of the 7th Item 8, are valid within six months from the date of their issue.

The conclusion about opportunity to be guardian and the custodian is the basis for registration by territorial subdivision of persons wishing to accept minors on education in National bank of data on children without parental support, as candidates for guardians and custodians.

On each candidate for guardians and custodians separate case is created.

For the citizen of the Kyrgyz Republic who is constantly living outside the Kyrgyz Republic, the foreign citizen wishing to be the guardian and the minor's custodian, the conclusion (about opportunity to be guardian and the custodian) competent authority of the state in which it has the permanent residence, is the basis for registration as candidates for guardians and custodians.

The guardian and the custodian of the minor who is the citizen of the Kyrgyz Republic the citizen of other state, according to the procedure and the cases provided by international treaties, except as specified, provided by the Code of the Kyrgyz Republic about children can be appointed.

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