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Ministry of Justice

Republic of Tajikistan

 On October 11, 2016 No. 528

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 6, 2016 No. 419

About the Procedure for identification and accounting of children without parental support

According to article 123 of the Family code of the Republic of Tajikistan the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for identification and accounting of children without parental support it (is applied).

2. To the Ministries of Education and Science, health care and social protection of the population, to executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas to perform identification and accounting of children without parental support, according to established procedure.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of October 6, 2016, No. 419

Procedure for identification and accounting of children without parental support

1. The procedure for identification and accounting of children without parental support (further - this Procedure), is developed on the basis of article 123 of the Family code of the Republic of Tajikistan and article 43 of the Law of the Republic of Tajikistan "About protection of the rights of the child" for the purpose of identification and accounting of children without parental support, and establishes procedure for identification and accounting of the specified children.

2. Guardianship and custody bodies reveal children without parental support, and perform their accounting according to the legislation of the Republic of Tajikistan and this Procedure.

3. Local executive bodies of the government, responsible persons of educational institutions (preschool, educational institutions), medical institutions, the centers of health, law-enforcement divisions on places (local militia inspectors, service of prevention of offenses among minors and youth, the receiver distributor for minors, the receiver distributor for detainees for vagrancy and begging), departments and sectors for women and family, youth, sport and tourism in areas and the cities, chairmen of jamias of settlements and dekhot, makhally and streets, relatives, neighbors and other physical persons and legal entities having the information about children without parental support shall notify without delay guardianship and custody bodies in the actual place of their residence.

4. Guardianship and custody bodies within three days from the moment of receipt of such information shall check conditions of accommodation of children and in case of factual determination of lack of care of his parents perform their accounting.

5. Except guardianship and custody bodies, other physical persons and legal entities are not allowed to perform identification and the device of children without parental support.

6. Accounting of children without parental support, is performed on the basis of the following documents:

- identity documents of the child or other documents which are used for clarification of the identity of the child (the document of the established form of the birth issued by the medical organization in which there was childbirth; the document of the established form of the birth issued by the doctor or average medical personnel medical organization which provided medical care in case of childbirth or in which mother after the delivery, or person who is engaged in private medical activities addressed in case of childbirth out of the medical organization; the statement of person which was present at childbirth for the child's birth out of the medical organization and without delivery of health care; the documents on stay, age and sex of the found child (thrown), issued by law-enforcement bodies, guardianship and custody and the medical organization);

- death certificate of parents or death certificate of the single father or mother;

- the receipt certified in notarial form of refusal of parents of the child;

- the reference and the act of organization where there is child, without parental support, about evasion of parents from education of children or protection of their rights and interests, including in case of refusal of parents to take the children from educational, medical institutions, organizations of social protection of the population and other similar organizations;

- the judgment about deprivation of parents of the parent rights, about recognition of parents by the dead, missing, incapacitated or is limited by capable;

- other documents confirming leaving of children without care of parents.

7. The statistical recording of children without parental support, is performed according to primary book of accounting of children without parental support. Record of primary data can be performed electronically. The procedure for ledger maintenance of accounting of children without parental support and submission of statistical information about children without parental support, is determined by the Agency according to the statistics in case of the President of the Republic of Tajikistan.

8. Statistic summary reports on the number of children without parental support, the form 103 - Guardianship "The report on the number of children who are deprived of parent guardianship" (year) which is conducted by guardianship and custody bodies of executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, the cities and areas is considered, and it is represented in authorized state body on protection of the rights of the child and bodies according to the statistics at the place of residence of the child.

9. The authorized state body on protection of the rights of the child on the basis of the data provided by guardianship and custody bodies of executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas keeps the Single state database about children-iivalidakh, orphan children and children without parental support in the Republic of Tajikistan (further - Single base). The procedure for the organization and maintaining Single base is determined by authorized state body by protection of the rights of the child.

10. In case of change of the status of the child (recovery of the rights of parents, adoption and another) this information within month is entered into Single base.

11. Information entered into Single base and other information about accounting of children without parental support is official secret, and access to it from other physical persons and legal entities is provided according to the procedure established by regulatory legal acts.

12. For non-compliance with provisions of this Procedure physical persons and legal entities are involved to responsibility according to the procedure, established by the legislation of the Republic of Tajikistan.

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