Uzbek President signs law “On guardianship and custody”

The law was passed by the Legislative Chamber on 8 November 2013 and approved by the Senate on 12 December 2013. The document will come into force after six months.

The law consists of 9 chapters and 50 articles and it was developed to implement the State progamme “The Year of Family”.

The law determines main direction of the state policy in the sphere of guardianship and custody, which is directed to timely identification, registration and placement of people, who need guardianship and custody, support of their families, protect their rights and freedoms, etc.

The basic principles of custody and guardianship are legality, humanity and compassion, personal approach in matters of guardianship, priority familial form of upbringing children, voluntary adoption and refusal of the decision on guardianship.

The law determines power of the state bodies, conducting activities in the sphere of guardianship and custody, their main goals, order of setting guardianship and custody, rights and liabilities of trustees and guardians, and other issues.

The guardianship and custody is set in line with the decision of the governor of district or city. The trustees and guardians also appointed by the decision of the governor of district or city. The trustees and guardians can be appointed only on voluntary basis with their written agreement.

During the appointment of a guardian or trustee, moral and other personal qualities, the ability to perform the duties of the guardian and trustee, attitude of the family of the guardian or trustee for the ward, as well as the desire of the ward must be taking into account, the law said.

The relatives of the persons, who need guardianship and custody, will have advantage right at assignment of trustee or guardian.

The governor of districts and cities can appoint several guardians and trustees if there is such requirement.

The law also sets list of people, who cannot be appointed as trustees and guardians. Among them are persons, who lost right of parenthood or have limited rights, abused parents rights and violated children rights, abused alcohol, etc.