RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of September 22, 2014 No. 269

About approval of regulatory legal acts on implementation of the Law of the Republic of Uzbekistan "About guardianship and custody"

According to the Law of the Republic of Uzbekistan "About guardianship and custody" the Cabinet of Ministers decides:

1. Approve:

Regulations on guardianship and custody in the Republic of Uzbekistan according to appendix No. 1;

Regulations on the state register of accounting of persons needing establishment over them of guardianship and custody, their device and property according to appendix No. 2;

Regulations on procedure for maintaining personal records of wards and provision by the guardian or custodian of the performance report of the obligations according to appendix No. 3.

2. Make changes to the Regulations on procedure for submission to guardianship and custody body of information about children without parental support approved by the resolution of the Cabinet of Ministers of May 26, 2008 No. 110 (the joint venture of the Republic of Uzbekistan, 2008, No. 5, the Art. 23), according to appendix No. 4.

3. Recognize invalid the paragraph third Item 1 of the resolution of the Cabinet of Ministers of April 12, 1999 as No. 171 "About approval of the regulating documents necessary for implementation of the Family code of the Republic of Uzbekistan" (the joint venture of the Republic of Uzbekistan, 1999, No. 4, the Art. 18), and also appendix No. 2 to it.

4. To the ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

5. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan A. I. Ikramov.

Appendix No. 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of September 22, 2014 No. 269

Regulations on guardianship and custody in the Republic of Uzbekistan

I. Guardianship and custody bodies

1. General provisions

1. This Provision according to the Family code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "About guardianship and custody" determines powers of guardianship and custody bodies, their tasks, and also procedure for establishment, implementation and termination of guardianship and custody.

2. Activities for guardianship and custody are performed:

a) district (city) departments of national education - concerning minors;

b) district, city medical associations - concerning the citizens recognized by court incapacitated or limited in capacity to act;

c) the district, city centers of assistance of employment and social protection of the population - concerning the full age capable citizens needing guardianship for health reasons.

3. Consular establishments of the Republic of Uzbekistan according to the procedure, established by the legislation, take measures for establishment of guardianship or custody over the minor, without parental support, incapacitated or limited in capacity to act citizens of the Republic of Uzbekistan living outside the Republic of Uzbekistan, and also concerning full age citizens of the Republic of Uzbekistan who for health reasons cannot independently perform the rights and carry out the obligations.

4. Activities of others, except guardianship and custody bodies, legal entities and physical persons on identification and the device of persons needing establishment over them of guardianship or custody are not allowed.

2. Powers of guardianship and custody bodies, their tasks

5. District, city district (city) departments of national education within the powers:

reveal and record orphan children and children without parental support;

keep the information database about orphan children and children without parental support, represent data for entering into the database of the Ministry of national education of the Republic of Uzbekistan, and also the state statistical reporting into relevant organ of the state statistics on form and into the terms established by the legislation;

provide protection of the rights, freedoms and legitimate interests of orphan children and children without parental support;

perform matching and accounting of persons which expressed desire to become guardians or custodians and conforming to requirements imposed to guardians and custodians;

provide the device of orphan children and children without parental support, and also safety of their property;

run personal records of wards;

exercise control of execution by guardians and custodians of the obligations assigned to them, give them help in the organization of leaving, education and medical observation of wards;

bring hokima of the area, city of the petition for the termination of guardianship or custody, about release or discharge of guardians or custodians from execution of the obligations by them;

take measures for confiscation of the child at the parents or persons replacing parents in cases of direct threat of his life or to health;

record and prepare documents of the minors determined in public institutions (boarding schools);

appoint the representative for protection of the rights and interests of children in case of disagreement between parents and children;

in accordance with the established procedure make claims for deprivation of the parent rights, take part in consideration in courts of cases on deprivation or restriction of the parent rights, and also about recovery in the parent rights;

interact with law enforcement agencies, educational institutions, healthcare institutions, bodies for work and social protection of the population, self-government institutions of citizens, non-state non-profit organizations on rendering advisory, legal, public, psychology and pedagogical and medical care by the ward.

District (city) departments of national education can perform also other powers according to the legislation.

6. District, city medical associations within the powers:

reveal and record the incapacitated and limited in capacity to act citizens;

keep the information database about the incapacitated and limited in capacity to act citizens, represent data for entering into the database of the Ministry of Health of the Republic of Uzbekistan, and also the state statistical reporting into relevant organ of the state statistics on form and into the terms established by the legislation;

provide protection of the rights, freedoms and legitimate interests of the incapacitated and limited in capacity to act citizens;

provide the device of the incapacitated and limited in capacity to act citizens under guardianship or custody, and also safety of their property;

run personal records of wards;

exercise control of execution by guardians and custodians of the obligations assigned to them, give them help in the organization of leaving, education and medical observation of wards;

bring hokima of the area, city of the petition for the termination of guardianship or custody, and also about release or discharge of guardians or custodians from execution of the obligations by them;

appeal in accordance with the established procedure to court with the statement concerning protection of the rights, freedoms and legitimate interests of wards, participate in judicial sessions by hearing of cases on the specified questions;

interact with law enforcement agencies, educational institutions, bodies for work and social protection of the population, self-government institutions of citizens, non-state non-profit organizations on rendering advisory, legal, public, psychology and pedagogical and medical care by the ward;

advise citizens concerning guardianship and custody;

consider addresses of citizens concerning guardianship and custody and take on them necessary measures;

cooperate with the relevant organizations, the organizations and citizens on accomplishment of the decisions of hokim made concerning purpose of guardianship and custody.

District, city medical associations can perform also other powers according to the legislation.

7. The district, city centers of assistance of employment and social protection of the population within the powers:

reveal and record persons needing establishment of guardianship over them for health reasons;

keep the information database about persons needing establishment of guardianship over them for health reasons represent data for entering into the database of the Ministry of Labour and Social Protection of the population of the Republic of Uzbekistan, and also the state statistical reporting into relevant organ of the state statistics on form and into the terms established by the legislation;

provide the device of persons needing establishment of guardianship over them for health reasons under guardianship;

run personal records of wards;

exercise control of execution by custodians of the obligations assigned to them, give them help in the organization of medical observation of wards;

bring hokima of the area, city of the petition for the guardianship termination, and also about release or discharge of custodians from execution of the obligations by them;

appeal in accordance with the established procedure to court with the statement concerning protection of the rights, freedoms and legitimate interests of wards, participate in judicial sessions by hearing of cases on the specified questions;

interact with law enforcement agencies, healthcare institutions, self-government institutions of citizens, non-state non-profit organizations on rendering advisory, legal, public, psychological and medical care by the ward;

advise citizens concerning guardianship;

cooperate with the relevant organizations, the organizations and citizens on accomplishment of the decisions of hokim made concerning purpose of guardianship and custody.

The district, city centers of assistance of employment and social protection of the population can perform also other powers according to the legislation.

8. Public authorities on places within the powers:

participate in implementation of state programs in the field of guardianship and custody;

develop, claim and realize territorial programs in the field of guardianship and custody;

exercise coordination and control of activities of the territorial authorities of public administration which are carrying out tasks in the field of guardianship and custody;

develop and perform actions for protection of the rights, freedoms and legitimate interests of persons needing establishment over them of guardianship or custody and also wards;

keep the state register.

Public authorities on places can perform also other powers according to the legislation.

9. Hokima of areas, the cities make decisions on establishment and the termination of guardianship or custody, and also on release or discharge of guardians or custodians from execution of the obligations by them. Guardianship and custody bodies send the specified decisions to the interested organizations and persons.

10. Guardianship and custody bodies in the activities are guided by the Family code of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "About guardianship and custody", this Provision and other legal acts.

11. Management of activities of guardianship and custody bodies is performed by Council of Ministers of the Republic of Karakalpakstan and public authorities on places.

3. Special functions of guardianship and custody bodies on providing the rights of the child

§ 1. Participation of guardianship and custody bodies by consideration by courts of disputes on education of children

12. According to article 88 of the Family code by consideration by court of the disputes connected with education of children irrespective of who makes the claim in protection of the child in case the guardianship and custody body shall be recruited.

13. The guardianship and custody body shall conduct examination of living conditions of the child and person (persons) applying for his education and to provide to court the act of inspection and the conclusion based on it on the substance of dispute.

14. According to article 87 of the Family code in case of direct threat of life of the child or to his health the guardianship and custody body has the right to take away immediately the child from parents (one of them) or from other persons on whose care it is. Immediate confiscation of the child is made based on the relevant act of self-government institutions of citizens.

15. In case of confiscation of the child the guardianship and custody body shall notify without delay the prosecutor, provide the temporary device of the child and within seven days after pronouncement by self-government institutions of citizens of the act of confiscation of the child to take a legal action with the claim for deprivation of parents of the parent rights or for restriction of their parent rights.

16. Forced execution of the judgments on the cases connected with confiscation of the child and transfer to his other person (persons) shall be made with obligatory participation of the representative of guardianship and custody body and person (persons) which is given the child, and in necessary cases - with participation of the representative of law-enforcement body.

According to article 196 of the Family code disputes on the termination of agreements on acceptance of children on education in family are permitted judicially.

§ 2. Powers of guardianship and custody body in case of registration of the birth

17. In case of lack of information about parents of record about the father and mother are made on specifying of guardianship and custody body according to Rules of civil registration and this Provision.

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