On guardianship and trusteeship (LRU-364-son)

02.01.2014

Law of the Republic of Uzbekistan

Adopted by the Legislative Chamber on November 8, 2013 Approved by the Senate on December 12, 2013

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is to regulate relations in the sphere of guardianship and trusteeship.

Article 2. Legislation on guardianship and trusteeship

The legislation on guardianship and trusteeship consists of this Law and other legislative acts.

If an international treaty of the Republic of Uzbekistan establishes rules different from those provided in the legislation of the Republic of Uzbekistan on guardianship and trusteeship, the rules of the international treaty shall apply.

Article 3. Basic concepts

The following basic concepts are used in this Law:

guardianship — a legal form of placing children under fourteen years of age who are orphans and children deprived of parental care, as well as citizens declared by a court to be legally incapable, for the purpose of their maintenance, upbringing and education, and for the protection of their property and personal non-property rights and lawful interests;

trusteeship — a legal form of placing orphans and children deprived of parental care who are from fourteen to eighteen years of age, as well as citizens whose legal capacity is limited by a court, for the purpose of their maintenance, upbringing and education, and for the protection of their property and personal non-property rights and lawful interests. Trusteeship may be established, at their request, for adult, legally capable citizens who, due to their state of health, are unable to exercise their rights and fulfill their duties independently;

a person under guardianship or trusteeship — a person in respect of whom guardianship or trusteeship has been established;

persons in need of the establishment of guardianship or trusteeship — orphans and children deprived of parental care who require special attention and protection of their rights, freedoms and lawful interests; children who have parents not deprived of parental rights but who live in conditions that pose an immediate threat to the childʼs life or health or fail to meet the requirements for their maintenance, upbringing and education; adult legally capable citizens who, due to their state of health, need trusteeship; citizens who are legally incapable or whose legal capacity is limited.

Article 4. Main directions of State policy in the sphere of guardianship and trusteeship

The main directions of State policy in the sphere of guardianship and trusteeship are:

ensuring the timely identification, registration and placement of persons in need of the establishment of guardianship or trusteeship;

protecting the rights, freedoms and lawful interests of persons under guardianship or trusteeship;

ensuring the enforcement of the legislation on guardianship and trusteeship;

ensuring the priority of family-based forms of upbringing for children;

supporting families that care for persons in need of the establishment of guardianship or trusteeship;

ensuring cooperation among State administration bodies, local State authorities, citizensʼ self-government bodies and non-governmental non-profit organizations in this sphere;

implementing international cooperation in the sphere of guardianship and trusteeship.

Article 5. Basic principles of guardianship and trusteeship

The basic principles of guardianship and trusteeship are:

legality;

humanism and compassion;

an individual approach to issues of guardianship and trusteeship;

priority of family-based forms of upbringing for children;

voluntariness in assuming and in refusing duties related to guardianship and trusteeship.

Article 6. Monitoring of a family that has accepted persons in need of the establishment of guardianship or trusteeship

The guardianship and trusteeship bodies at the place where the family resides monitor such family in order to ensure the social and psychological adaptation of persons under guardianship or trusteeship.

Monitoring a family that has accepted persons in need of the establishment of guardianship or trusteeship envisages, as provided by law, the provision of advisory assistance and legal, social, psychological-pedagogical and medical support.

Monitoring a family that has accepted persons in need of guardianship or trusteeship is carried out free of charge.

Chapter 2. State bodies carrying out activities in the sphere of guardianship and trusteeship and their powers

Article 7. State bodies carrying out activities in the sphere of guardianship and trusteeship

The State bodies carrying out activities in the sphere of guardianship and trusteeship include:

the Cabinet of Ministers of the Republic of Uzbekistan;

the Ministry of Preschool and School Education of the Republic of Uzbekistan;

the Ministry of Health of the Republic of Uzbekistan;

local State authorities.

Activities on guardianship and trusteeship are carried out:

by the child protection units of district (city) khokimiyats — with respect to minors;

by district, city medical associations — with respect to citizens declared by a court to be legally incapable or with limited legal capacity, as well as adult legally capable citizens who, due to their state of health, need trusteeship.

Local State authorities carry out activities in the sphere of guardianship and trusteeship within the powers established by this Law and other legislative acts.

Consular institutions of the Republic of Uzbekistan take measures, in the manner prescribed by law, to establish guardianship or trusteeship with respect to minor citizens of the Republic of Uzbekistan living outside the Republic and deprived of parental care, citizens declared by a court to be legally incapable or with limited legal capacity, as well as adult citizens of the Republic of Uzbekistan who, due to their state of health, are unable to exercise their rights and fulfill their duties independently.

Legal entities and individuals other than guardianship and trusteeship bodies are not allowed to carry out activities to identify and place persons in need of the establishment of guardianship or trusteeship.

Article 8. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the sphere of guardianship and trusteeship

The Cabinet of Ministers of the Republic of Uzbekistan:

ensures the implementation of a unified State policy in the sphere of guardianship and trusteeship;

approves State programs in this sphere;

coordinates the activities of State administration bodies and local State authorities in this sphere;

establishes the procedure for instituting guardianship and trusteeship, as well as for appointing guardians and trustees;

establishes the procedure for creating and maintaining an electronic information system for the registration of persons in need of the establishment of guardianship or trusteeship, their placement and their property (hereinafter — the information system), and the list of data to be entered into it;

establishes the procedure for maintaining personal files of persons under guardianship or trusteeship and for guardians or trustees to submit reports on the performance of their duties.

The Cabinet of Ministers may also exercise other powers in accordance with legislation.

Article 9. Powers of the Ministry of Preschool and School Education and of the Ministry of Health of the Republic of Uzbekistan in the sphere of guardianship and trusteeship

Within their powers, the Ministry of Preschool and School Education and the Ministry of Health of the Republic of Uzbekistan:

participate in implementing State policy in this sphere;

develop State programs in this sphere and participate in their implementation;

ensure the priority of family-based forms of upbringing for children;

ensure the protection of the rights, freedoms and lawful interests of persons in need of the establishment of guardianship or trusteeship;

ensure decent living and maintenance conditions for persons in need of the establishment of guardianship or trusteeship;

coordinate the activities of State institutions that ensure the protection of the rights, freedoms and lawful interests of such persons;

train specialists who provide advisory, social-legal, psychological-pedagogical and medical comprehensive support to persons in need of the establishment of guardianship or trusteeship in the social sphere;

take measures to develop networks of family and child support institutions and services, and centers providing advisory, legal, social, psychological-pedagogical and medical assistance and services to persons in need of the establishment of guardianship or trusteeship and to their families;

carry out international cooperation in this sphere in the prescribed manner.

These ministries may also exercise other powers in accordance with legislation.

Article 10. Powers of local State authorities in the sphere of guardianship and trusteeship

Within their powers, local State authorities:

participate in the implementation of State programs in this sphere;

develop, approve and implement regional programs in this sphere;

exercise oversight and coordination of the activities of regional State administration bodies performing tasks in this sphere;

develop and implement measures to protect the rights, freedoms and lawful interests of persons in need of the establishment of guardianship or trusteeship, as well as of persons under guardianship or trusteeship;

maintain the information system;

resolve issues of supporting socially vulnerable children and their families;

create and improve mechanisms to encourage persons caring for children deprived of parental care;

monitor the living conditions and upbringing of foster (patronage) children placed in families;

exercise control over the distribution of funds intended for the purchase of housing for orphans and children deprived of parental care, and over their transfer to the rightful recipients.

Local State authorities may also exercise other powers in accordance with legislation.

District and city khokims adopt decisions on establishing and terminating guardianship or trusteeship, and on releasing or removing guardians or trustees from the performance of their duties.

Article 11. Main tasks of guardianship and trusteeship bodies

The main tasks of guardianship and trusteeship bodies are:

timely identification and registration of persons in need of the establishment of guardianship or trusteeship;

preparation of the necessary documents and placement of persons in need of the establishment of guardianship or trusteeship;

protection of the rights, freedoms and lawful interests of persons under guardianship or trusteeship and of persons in need of the establishment of guardianship or trusteeship;

oversight of the performance of duties by guardians and trustees, of the maintenance of persons under guardianship or trusteeship, of their upbringing and education conditions, and of the preservation of their property.

Article 12. Powers of the child protection units of district (city) khokimiyats in the sphere of guardianship and trusteeship

Within their powers, the child protection units of district (city) khokimiyats:

identify and register orphans and children deprived of parental care;

maintain a database on orphans and children deprived of parental care and submit State statistical reports to the relevant State statistics body in the form and within the time limits established by law;

enter into the information system data concerning orphans and children deprived of parental care, their placement and their property;

ensure the protection of the rights, freedoms and lawful interests of orphans and children deprived of parental care;

select and register persons who have expressed a wish to become guardians or trustees and who meet the requirements set for guardians and trustees;

prepare the documents necessary to establish guardianship or trusteeship over orphans and children deprived of parental care;

examine the living and maintenance conditions of orphans and children deprived of parental care, as well as the living conditions of persons who have expressed a wish to become guardians or trustees, and draw up a report on the results;

prepare, for the district or city khokim, a conclusion on the necessity of establishing guardianship or trusteeship over orphans and children deprived of parental care and on the eligibility of a person who has expressed a wish to be appointed a guardian or trustee;

maintain personal files of persons under guardianship or trusteeship;

exercise oversight over the fulfillment by guardians and trustees of their duties and assist them in organizing the upbringing, medical supervision, education and employment of persons under guardianship or trusteeship;

ensure the placement of orphans and children deprived of parental care and the preservation of their property;

submit to the district or city khokim motions to terminate guardianship or trusteeship and, in the cases provided for in Articles 29 and 30 of this Law, to release or remove guardians or trustees from the performance of their duties;

take measures to remove a child from parents or persons substituting for parents when the childʼs life or health is under immediate threat;

with the consent of trustees, adopt decisions on declaring a minor fully legally capable (emancipation);

apply to a court in the prescribed manner on issues of protecting the rights, freedoms and lawful interests of persons under guardianship or trusteeship, and participate in court hearings on such matters;

in necessary cases, apply to a court to restrict or deprive a minor aged from fourteen to eighteen of the right to independently dispose of his or her wages, scholarship or other income, except in cases where the minor acquires full legal capacity in accordance with the law;

cooperate with law-enforcement bodies, educational institutions, health-care institutions, citizensʼ self-government bodies and non-governmental non-profit organizations to provide, as appropriate, advisory, legal, social, psychological-pedagogical and medical assistance to persons under guardianship or trusteeship;

provide advice to citizens on issues of guardianship and trusteeship;

consider citizensʼ applications on issues of guardianship and trusteeship and take necessary measures on them.

The child protection units of district (city) khokimiyats may also exercise other powers in accordance with legislation.

Article 13. Powers of district and city medical associations in the sphere of guardianship and trusteeship

Within their powers, district and city medical associations:

identify and register citizens who are legally incapable and citizens whose legal capacity is limited, as well as persons who, due to their state of health, need trusteeship;

maintain a database on citizens who are legally incapable and citizens with limited legal capacity, as well as on persons who, due to their state of health, need trusteeship; submit information to be entered into the database of the Ministry of Health of the Republic of Uzbekistan; and submit State statistical reports to the relevant State statistics body in the form and within the time limits established by law;

submit to the district or city khokim information to be entered into the information system concerning citizens who are legally incapable or with limited legal capacity and persons who, due to their state of health, need trusteeship, their placement and their property;

ensure the protection of the rights, freedoms and lawful interests of citizens who are legally incapable and citizens with limited legal capacity;

select and register persons who have expressed a wish to become guardians or trustees and who meet the requirements set for guardians and trustees;

prepare the documents necessary to establish guardianship or trusteeship over citizens who are legally incapable or with limited legal capacity, as well as over persons who, due to their state of health, need trusteeship;

examine the living and maintenance conditions of citizens who are legally incapable and with limited legal capacity, and of persons who, due to their state of health, need trusteeship, as well as the living conditions of persons who have expressed a wish to become guardians or trustees, and draw up a report on the results;

submit to the district or city khokim a conclusion on the eligibility of a person who has expressed a wish to be appointed a guardian or trustee;

maintain personal files of persons under guardianship or trusteeship;

exercise oversight over the fulfillment by guardians and trustees of their duties and assist them in organizing the care, upbringing and medical supervision of persons under guardianship or trusteeship;

submit to the district or city khokim motions to terminate guardianship or trusteeship and, in the cases provided for in Articles 29 and 30 of this Law, to release or remove guardians or trustees from the performance of their duties;

apply to a court in the prescribed manner on issues of protecting the rights, freedoms and lawful interests of persons under guardianship or trusteeship, and participate in court hearings on such matters;

cooperate with law-enforcement bodies, educational institutions, citizensʼ self-government bodies and non-governmental non-profit organizations to provide, as appropriate, advisory, legal, social, psychological-pedagogical and medical assistance to persons under guardianship or trusteeship;

provide advice to citizens on issues of guardianship and trusteeship;

consider citizensʼ applications on issues of guardianship and trusteeship and take necessary measures on them.

District and city medical associations may also exercise other powers in accordance with legislation.

Chapter 3. Information on persons in need of the establishment of guardianship or trusteeship and on their property

Article 15. Submission of data for entry into the information system

The guardianship and trusteeship bodies shall, every month, enter into the information system data on persons in need of the establishment of guardianship or trusteeship, on their placement and on their property.

If the place of residence and the property status of a person in need of the establishment of guardianship or trusteeship change, the guardianship and trusteeship bodies must, within seven working days, notify the child protection units of district (city) khokimiyats of such changes and send the personal file of that person to the guardianship and trusteeship body at the personʼs new place of residence. In this case, a copy of the personal file shall remain in the archive of the guardianship and trusteeship body.

Article 16. Submission to the guardianship and trusteeship bodies of information on the identification of persons in need of the establishment of guardianship or trusteeship

When persons in need of the establishment of guardianship or trusteeship are identified, law-enforcement bodies, civil status registration bodies, educational institutions and health-care institutions, as well as citizensʼ self-government bodies, shall, within seven working days from the day they are identified, send information about such persons to the guardianship and trusteeship bodies via the information system or in writing.

Where children in need of the establishment of guardianship or trusteeship are identified, the guardianship and trusteeship body must, within three working days from the day such information is received, examine their living and maintenance conditions in the manner prescribed by law.

Article 17. Duties of the guardianship and trusteeship bodies where persons in need of the establishment of guardianship or trusteeship are identified whose place of residence is another region, district, city of the Republic of Uzbekistan, or another country

If persons in need of the establishment of guardianship or trusteeship are identified whose place of residence is another region, district or city of the Republic of Uzbekistan, or another country, the guardianship and trusteeship bodies shall:

submit to the child protection unit of the district (city) khokimiyat at the actual location of such persons the information needed for entry into the information system about the identification of persons in need of the establishment of guardianship or trusteeship;

notify the guardianship and trusteeship body at the personʼs place of residence that such person has been identified;

obtain from the guardianship and trusteeship body at the personʼs place of residence documents confirming whether the person has parents or other relatives, a place of residence and other property;

assist in returning them to their place of residence.

The guardianship and trusteeship bodies may also bear other duties in accordance with legislation when such persons are identified whose place of residence is another region, district, city of the Republic of Uzbekistan, or another country.

Article 18. Maintenance of the information system

The information system shall be maintained by the child protection units of district (city) khokimiyats.

The information system shall include data received from the guardianship and trusteeship bodies on persons in need of the establishment of guardianship or trusteeship, on their placement and on their property.

The procedure for creating and maintaining the information system and the list of data to be entered into it shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Chapter 4. Establishing guardianship and trusteeship. Appointment of a guardian or trustee

Article 19. Establishing guardianship and trusteeship

Guardianship and trusteeship shall be established by decision of the district or city khokim.

Guardianship or trusteeship shall be established at the place of residence of the person in need of such establishment; if the person does not have a fixed place of residence, then at the place of residence of the guardian or trustee.

Article 20. Establishing guardianship or trusteeship when parents are temporarily absent from their place of residence

When parents are temporarily leaving their place of residence, including for travel abroad, for a period exceeding three months, they must, in accordance with Article 26 of this Law, take measures to appoint a guardian or trustee for their child

When parents are temporarily leaving their place of residence, including for travel abroad, for a period not exceeding three months, they must leave their child in the care and under the supervision of relatives or other close persons. In this case, guardianship or trusteeship shall be established if it is necessary in the interests of the child.

At least one month before temporarily leaving their place of residence, including for travel abroad, for a period exceeding three months, parents must submit an application to appoint a guardian or trustee for their child to the guardianship and trusteeship body of the territory where they temporarily or permanently reside.

Article 21. Appointment of a guardian or trustee

To perform the duties related to guardianship or trusteeship, a guardian or trustee shall be appointed by decision of the district or city khokim.

Adults may be appointed as a guardian or trustee only with their consent.

The district or city khokim appoints a guardian or trustee upon a written application by a person who has expressed a wish to become a guardian or trustee.

When appointing a guardian or trustee, account shall be taken of his or her moral and other personal qualities, ability to perform the duties, the relationships between the guardian/trustee and the person under guardianship or trusteeship, the attitude of the guardianʼs or trusteeʼs family toward the person under guardianship or trusteeship, as well as the wishes of the person under guardianship or trusteeship.

A guardian or trustee must be appointed no later than one month from the day the guardianship and trusteeship bodies became aware of the necessity to establish guardianship or trusteeship.

If a guardian or trustee is not appointed within one month to a person in need of the establishment of guardianship or trusteeship, the duties of the guardian or trustee shall be temporarily assigned to the guardianship and trusteeship body at the place where such person was identified.

With respect to minors who have parents, the competent guardianship and trusteeship body shall perform the duties of a guardian or trustee from the day it is established that they are not in the care of their parents or relatives.

For the purpose of obtaining information about a person who has expressed a wish to become a guardian or trustee, the guardianship and trusteeship body shall send written requests to law-enforcement bodies, civil status registration bodies and health-care institutions. In doing so, the guardianship and trusteeship body shall request only such information about the person as makes it possible to determine his or her ability to perform the duties of a guardian or trustee.

Information obtained by the guardianship and trusteeship body about a person who has expressed a wish to become a guardian or trustee is confidential and shall not be disclosed, except in cases provided for by law.

Regardless of place of residence, the relatives of a person in need of the establishment of guardianship or trusteeship; members of the family in which the person lives; brothers and sisters who take the person into guardianship or trusteeship without breaking kinship ties; as well as citizens of the Republic of Uzbekistan, shall have a preferential right to be appointed as a guardian or trustee.

The procedure for appointing guardians and trustees shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 22. Persons who may not be appointed as a guardian or trustee

The following persons may not be appointed as a guardian or trustee:

persons deprived of parental rights or with restricted parental rights;

persons declared by a court to be legally incapable or with limited legal capacity;

former adoptive parents, if the adoption was annulled because they evaded or improperly performed their duties, abused parental rights, treated the adopted child cruelly, or suffered from chronic alcoholism or drug addiction;

persons removed from performing the duties of a guardian or trustee for failure to perform or for improper performance of their duties, or for abuse of their rights;

persons previously convicted for crimes against life or health; crimes dangerous to life or health; crimes against sexual freedom, the family, youth and morality; crimes against personal liberty, honor and dignity (except for slander and insult); crimes against the constitutional rights and freedoms of citizens (except for violations of legislation on appeals of individuals and legal entities and violations of copyright or inventorsʼ rights); crimes against peace and the security of mankind; crimes against the Republic of Uzbekistan; crimes involving embezzlement or robbery of othersʼ property; acquisition or transfer of property obtained by criminal means; commercial bribery or inducement of an employee of a non-governmental commercial organization or other non-governmental organization to accept a bribe; crimes against the procedure of governance; crimes against the administration of justice; torture and other cruel, inhuman or degrading treatment or punishment; crimes against public safety (except for the unlawful import, transfer, acquisition, storage or use of unmanned aerial vehicles; dissemination of knowingly false information about the spread of quarantinable and other dangerous infectious diseases for humans; violation of the rules for storing and using unmanned aerial vehicles; violation of safety rules in research activities; violation of labor protection rules; violation of sanitary legislation or anti-epidemic rules; violation of safety rules in mining, construction or blasting operations; violation of fire safety rules); crimes involving the unlawful circulation of narcotic drugs or psychotropic substances; crimes against public order; and military service-related crimes;

persons previously convicted for grave or especially grave crimes not included among the crimes listed in the sixth indent of this paragraph;

persons with respect to whom a criminal case for the crimes listed in the sixth and seventh indents of this paragraph was terminated before the issue of guilt was resolved;

persons suffering from diseases that prevent appointment as a guardian or trustee.

The list of diseases that prevent a person from being appointed as a guardian or trustee shall be approved by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 23. Preliminary appointment of a guardian or trustee

If, in the interests of a person in need of the establishment of guardianship or trusteeship, it is necessary to appoint a guardian or trustee immediately, including where children have been removed from their parents or from persons substituting for parents, the guardianship and trusteeship body has the right to adopt a decision to appoint a guardian or trustee on a preliminary basis for a period of one month.

A preliminary appointment of a guardian or trustee shall be made by the guardianship and trusteeship body upon an application from a person who has expressed a wish to become a guardian or trustee, provided that such person submits an identity document and the inspection report on his or her living conditions issued by the guardianship and trusteeship body.

Guardians or trustees appointed on a preliminary basis have all the rights and duties of a guardian or trustee, except for the right to dispose of the property of the person under guardianship or trusteeship on that personʼs behalf.

If, before the expiry of one month from the day the decision on preliminary appointment was adopted, a form of placement is chosen for the person in need of guardianship or trusteeship, or if the temporarily appointed guardian or trustee is not appointed as guardian or trustee for that person, the preliminary guardianship or trusteeship terminates.

Article 24. Appointment of several guardians or trustees to one person

If required by the lawful interests of a person in need of the establishment of guardianship or trusteeship, several guardians or trustees may be appointed to that person by decision of the district or city khokim.

Where several guardians or trustees are appointed, the protection of the rights, freedoms and lawful interests of the person under guardianship or trusteeship shall be carried out simultaneously by all guardians or trustees. If the conduct of the affairs of the person under guardianship or trusteeship is entrusted to one of the guardians or trustees, that person must have powers of attorney from the remaining guardians or trustees.

When several guardians or trustees are appointed, the duties to ensure the care of the person under guardianship or trusteeship and to assist in the timely provision of medical care, and in respect of a minor the duties to provide maintenance, upbringing and education as well, shall be allocated among the guardians or trustees in accordance with the conclusion on their appointment issued by the guardianship and trusteeship bodies.

If a conflict arises between the interests of the person under guardianship or trusteeship and, at the same time, the interests of all guardians or trustees, or if a conflict arises among the guardians or trustees in the performance of their duties, the guardianship and trusteeship body shall perform the duties of the guardian or trustee until the conflict is resolved.

Article 25. Appointment of one person as guardian or trustee to several persons under guardianship or trusteeship

If necessary, and proceeding from the lawful interests of the persons to be taken under guardianship or trusteeship, one person may be appointed by decision of the district or city khokim as guardian or trustee to several persons under guardianship or trusteeship.

The decision of the district or city khokim on appointing a person as guardian or trustee to a second and subsequent person under guardianship or trusteeship must state the reasons why another person cannot be appointed as guardian or trustee.

If, in the performance of duties by the same guardian or trustee, a conflict arises between the interests of persons under his or her guardianship or trusteeship, the guardianship and trusteeship body shall perform the duties of the guardian or trustee until the conflict is resolved.

Article 26. Appointment of a guardian or trustee for minors at the request of their parents or of the minors themselves

A guardian or trustee may be appointed by decision of the district or city khokim on the basis of an application from a parent to appoint, for the period during which the parents are unable to perform their parental duties for valid reasons, a guardian or trustee for their minor children; the application shall indicate a specific person and the period for which the powers of the guardian or trustee are to be effective.

Parents of minor children may, due to their state of health, designate for their children a guardian or trustee, provided the person consents. The parentsʼ application to appoint a guardian or trustee for their minor children shall be submitted to the guardianship and trusteeship body at the childrenʼs place of residence.

The parentsʼ application to appoint a guardian or trustee for their minor children must be signed by the parents in their own hand with the date indicated, and be notarized.

Parents have the right to revoke or amend their application to appoint a guardian or trustee for their minor children by submitting a new application to the guardianship and trusteeship body at the childrenʼs place of residence.

A trustee may be appointed, by decision of the district or city khokim, to a minor who has reached the age of fourteen on the basis of an application from that minor specifying a particular person.

The district or city khokim may refuse to appoint as guardian or trustee the person indicated by the father (mother), by both parents, or by a minor who has reached the age of fourteen only if such appointment would contravene legislation or the lawful interests of the minor.

Article 27. Appointment of a guardian or trustee for a minor who has parents not deprived of parental rights

A guardian or trustee may be appointed for a minor who has parents not deprived of parental rights if the guardianship and trusteeship body determines that living with the parents does not meet the lawful interests of the minor and that there is an immediate threat to the minorʼs life or health.

During the period a minor is under guardianship or trusteeship, the guardianship and trusteeship body shall, where this does not contradict the minorʼs lawful interests, cooperate with law-enforcement bodies, educational institutions, citizensʼ self-government bodies and non-governmental non-profit organizations on issues of socio-pedagogical rehabilitation of the family and return of the minor to the family.

Chapter 5. Termination of guardianship and trusteeship. Release and removal of a guardian or trustee from the performance of duties

Article 28. Grounds for terminating guardianship and trusteeship

Guardianship shall terminate in the following cases:

the death of the person under guardianship;

the minor reaches the age of fourteen;

the minor is returned to his or her parents;

the person under guardianship is adopted;

the citizenʼs legal capacity is restored by a court.

Upon termination of guardianship due to a minor reaching the age of fourteen, the person performing the duties of a guardian becomes, without a special appointment, the trustee of the minor, unless otherwise provided by law.

Trusteeship shall terminate in the following cases:

the death of the person under trusteeship;

the person under trusteeship attains majority;

the person under trusteeship is returned to his or her parents;

the person under trusteeship is adopted;

the court decision restricting the citizenʼs legal capacity is annulled;

the minor is declared fully legally capable (emancipation);

the person under trusteeship enters into marriage;

the health of an adult person who needed trusteeship due to health reasons improves.

If a person under guardianship or trusteeship is temporarily in institutions of upbringing, health care, social protection of the population or similar institutions, the guardianʼs or trusteeʼs inability to perform his or her duties for valid reasons does not terminate the rights and duties of the guardian or trustee toward that person.

Article 29. Release of a guardian or trustee from the performance of duties

A guardian or trustee may be released from the performance of duties upon his or her application.

A trustee must be released from the performance of duties at the request of the person under trusteeship.

The decision to release a guardian or trustee from the performance of duties shall be adopted by the district or city khokim on the basis of a motion from the guardianship and trusteeship body.

Where the guardian or trustee of a minor, or of a citizen who is legally incapable or with limited legal capacity, is released from the performance of duties, another guardian or trustee shall be appointed to the person under guardianship or trusteeship, or another form of placement shall be determined, in the manner prescribed by law, taking into account that personʼs wishes.

Where the trustee of an adult legally capable citizen who needed trusteeship due to health reasons is released from the performance of duties, another person shall be appointed as trustee with the consent of the person under trusteeship.

A person who has performed the duties of a guardian or trustee must, no later than three working days from the day he or she becomes aware of the release from the performance of duties, submit to the guardianship and trusteeship body a report on the performance of duties in the manner prescribed by law.

Article 30. Removal of a guardian or trustee from the performance of duties

If a guardian or trustee fails to perform or improperly performs duties, or abuses his or her rights, a decision on removing the guardian or trustee from the performance of duties shall be adopted by the district or city khokim on the basis of a motion from the guardianship and trusteeship body.

If a guardian or trustee uses the duties assigned to him or her for mercenary or other base motives, or leaves the person under guardianship or trusteeship without supervision and necessary assistance, the guardianship and trusteeship bodies must take the necessary measures to bring such guardian or trustee to liability in the prescribed manner.

Where the guardian or trustee of a minor, or of a citizen who is legally incapable or with limited legal capacity, is removed from the performance of duties, another guardian or trustee shall be appointed to the person under guardianship or trusteeship, or another form of placement shall be determined, in the manner prescribed by law, taking into account that personʼs wishes.

Where the trustee of an adult legally capable citizen who needed trusteeship due to health reasons is removed from the performance of duties, another person shall be appointed as trustee with the consent of the person under trusteeship.

A person who has performed the duties of a guardian or trustee must, no later than three working days from the day he or she becomes aware of the removal from the performance of duties, submit to the guardianship and trusteeship body a report on the performance of duties in the manner prescribed by law.

Chapter 6. Rights and duties of guardians and trustees. Rights of persons under guardianship or trusteeship

Article 31. Rights of guardians and trustees

Guardians are the lawful representatives of persons under their guardianship and enter into all necessary transactions on their behalf or in their interests.

Trustees are the lawful representatives of persons under their trusteeship and assist them in exercising their rights and fulfilling their duties, as well as protect them from abuses by third parties.

Guardians and trustees have the right:

to independently determine, taking into account the views of the person under guardianship or trusteeship and the recommendations of the guardianship and trusteeship bodies, the methods of upbringing;

to demand, through court proceedings, the return of the person under guardianship or trusteeship from any person who is unlawfully retaining him or her, including from parents and other close relatives;

to obtain legal, methodological, diagnostic and advisory assistance on matters of maintenance, upbringing, education and health care of the person under guardianship or trusteeship;

to perform, in the manner prescribed by law, transactions that the person under guardianship or trusteeship is not entitled to perform independently;

to apply to guardianship and trusteeship bodies, educational institutions, citizensʼ self-government bodies and non-governmental non-profit organizations for necessary social assistance;

to apply to health-care institutions for referrals to medical treatment and sanatorium-resort institutions for the treatment and recovery of the person under guardianship or trusteeship.

Guardians and trustees may have other rights in accordance with legislation.

A guardian or trustee may not obstruct the person under guardianship or trusteeship from communicating with his or her parents and other close relatives, except where such communication is contrary to the lawful interests of the person under guardianship or trusteeship.

A guardian or trustee, his or her spouse and close relatives may not enter into transactions with the person under guardianship or trusteeship, nor may they act as the representative of the person under guardianship or trusteeship in court proceedings between that person and the guardianʼs or trusteeʼs spouse or close relatives.

Article 32. Duties of guardians and trustees

Guardians and trustees shall:

notify the guardianship and trusteeship body of any change in their place of residence;

bring up the person under guardianship or trusteeship, care for his or her maintenance, health, physical, mental, moral and ethical development, and protect his or her rights, freedoms and lawful interests;

ensure that the person under guardianship receives preschool, general secondary and secondary specialized education;

take necessary measures to claim alimony, pensions, allowances and other social payments in accordance with legislation;

safeguard the property entrusted to them belonging to the person under guardianship or trusteeship, prevent a decrease in its value and not enable the extraction of profit from it;

in the cases provided for in Article 37 of this Law, obtain authorization from the guardianship and trusteeship bodies when taking actions affecting the property rights of persons under guardianship or trusteeship;

use the income from managing the property of the person under guardianship or trusteeship and other available funds for that personʼs maintenance;

ensure the care, medical supervision and treatment of the person under guardianship or trusteeship in treatment-and-prevention institutions;

submit reports to the guardianship and trusteeship bodies on the performance of their duties;

notify the guardianship and trusteeship bodies when the person under guardianship or trusteeship is placed for inpatient treatment;

apply to a court to have the person under guardianship or trusteeship declared legally capable where the grounds for declaring a citizen legally incapable or of limited legal capacity no longer exist;

live together with the minor under guardianship or trusteeship.

Where a trustee resides together with the person under trusteeship, a change in the trusteeʼs place of residence shall be permitted only with the written authorization of the guardianship and trusteeship body and with the consent of the minor who has reached the age of fourteen.

A trustee may, with the written authorization of the guardianship and trusteeship bodies, live separately from the person under trusteeship who has reached the age of sixteen, provided that this does not adversely affect the personʼs upbringing, maintenance and education, and the protection of his or her rights, freedoms and lawful interests. If living separately, the trustee must monitor the personʼs living and educational conditions and protect him or her from harmful influences.

If a minor under guardianship or trusteeship has no dwelling, the guardian or trustee must, in accordance with housing legislation, take measures to obtain one.

Trustees of citizens with limited legal capacity must take necessary measures to protect them from consuming alcoholic beverages, narcotic drugs, psychotropic substances or other agents affecting mental-will activity, and from smoking.

Duties related to guardianship and trusteeship are performed free of charge.

Guardians and trustees may have other duties in accordance with legislation.

Article 33. Rights of persons under guardianship or trusteeship

Persons under guardianship or trusteeship have the right:

to be treated with respect and humanity;

to care for their maintenance, upbringing, education and health;

to protection of their rights, freedoms and lawful interests;

to receive from the guardianship and trusteeship bodies information about their rights and the services that may be provided to them, as well as about methods and means of protecting their rights;

to receive the assistance and support necessary to exercise their rights to education, health care and social protection, and other rights that promote their harmonious physical, mental and moral development;

to communicate with their parents and other close relatives, if this does not contradict the rights and lawful interests of the persons under guardianship or trusteeship;

to the confidentiality of information relating to their private life;

to the securing of their ownership right or right to use a dwelling, and of property rights based on kinship with their parents and other relatives;

to apply to the guardianship and trusteeship body, as well as to a court, against unlawful actions (inaction) of the guardian or trustee.

A minor under guardianship or trusteeship has the right to live together with the guardian or trustee.

Persons under guardianship or trusteeship may have other rights in accordance with legislation.

Chapter 7. Protection of the property rights of persons under guardianship or trusteeship

Article 34. Property rights of persons under guardianship or trusteeship

Persons under guardianship or trusteeship do not have ownership rights to the property of their guardians or trustees, and guardians or trustees do not have ownership rights to the property of persons under guardianship or trusteeship, including to alimony, pensions, allowances and other social payments.

Property may belong on the basis of common ownership, on grounds provided by law, to persons under guardianship or trusteeship, to guardians and to trustees.

Persons under guardianship or trusteeship have the right to use the property of their guardians or trustees with their consent.

Guardians or trustees are prohibited from using the property of persons under guardianship or trusteeship for their own benefit.

Article 35. Management of the property of a person under guardianship or trusteeship

Management of the property of a person under guardianship or trusteeship is determined by the location of the property.

Guardians are entitled to place funds of the person under guardianship in banks and other credit institutions. Expenditure by the guardian of funds placed in banks and other credit institutions may be made only for the maintenance of the person under guardianship and with the written authorization of the guardianship and trusteeship body.

Trustees of persons who need trusteeship due to their state of health shall, with the consent of the person under trusteeship, enter into household or other transactions aimed at the maintenance and meeting the domestic needs of the person under trusteeship, and shall manage the property of the person under trusteeship in the manner prescribed by law.

No gift contract may be concluded on behalf of a person under guardianship or trusteeship.

Property management shall cease if the court decision declaring a citizen missing or dead is annulled, or upon the acceptance of an inheritance.

Article 36. Preservation of the property of a person under guardianship or trusteeship

Guardians or trustees must, within three working days from the day guardianship or trusteeship is established, receive the property of the person under guardianship or trusteeship from those who were keeping it, according to an inventory.

Where necessary, trustees of citizens with limited legal capacity and of adult legally capable citizens who need trusteeship due to their state of health are entitled, at the request of the person under trusteeship, to accept that personʼs property according to an inventory.

The inventory of the property of a person under guardianship or trusteeship shall be drawn up by the guardianship and trusteeship body with the participation of the guardian or trustee, representatives of the relevant citizensʼ self-government body, and the person under guardianship or trusteeship.

Other interested persons may also participate in drawing up the inventory.

The inventory shall be prepared in three copies and signed by all persons present when it was drawn up. One copy is handed to the guardian or trustee; the second copy is kept in the personal file maintained by the guardianship and trusteeship body for the person under guardianship or trusteeship; the third copy is sent to the child protection unit of the district (city) khokimiyat for entering the relevant data into the information system.

Where necessary, and if required by the lawful interests of the person under guardianship or trusteeship, the guardian or trustee must file a court application to reclaim the property of the person under guardianship or trusteeship from unlawful possession by others, or take other measures to protect that personʼs property rights.

Guardians and trustees must preserve the property entrusted to them belonging to the person under guardianship or trusteeship, prevent a decrease in its value and not enable extraction of profit from it. Performance of these duties by the guardian or trustee shall be carried out at the expense of the property of the person under guardianship or trusteeship.

Guardians shall be liable in the prescribed manner for transactions concluded on behalf of persons under their guardianship.

Article 37. Authorizations of the guardianship and trusteeship bodies when a guardian or trustee performs actions affecting the property rights of persons under guardianship or trusteeship

With the authorization of the guardianship and trusteeship bodies, guardians have the right:

to conclude, on behalf of the person under guardianship, transactions that must be notarized;

to divide property;

to pledge the property of the person under guardianship for a term not exceeding one year;

to exchange the dwelling of the person under guardianship;

to refuse, on behalf of the person under guardianship, an inheritance and/or a gift.

Authorization of the guardianship and trusteeship bodies is required in all cases where the actions of the guardian or trustee may lead to a decrease in the value of property belonging to the person under guardianship or trusteeship, including when:

a claim brought in the interests of the person under guardianship or trusteeship is withdrawn;

a settlement agreement is concluded in court proceedings on behalf of the person under guardianship or trusteeship;

a settlement agreement is concluded with the debtor in enforcement proceedings in which the person under guardianship or trusteeship is the claimant.

Authorization of the guardianship and trusteeship body is also required if a power of attorney is issued on behalf of the person under guardianship or trusteeship.

The guardianship and trusteeship body may refuse authorization, stating the reasons for refusal.

Authorization or refusal to grant authorization must be provided to the guardian or trustee no later than fifteen days from the day the application for authorization was submitted.

Article 38. Consequences of concluding a contract on behalf of a person under guardianship or trusteeship without authorization of the guardianship and trusteeship body

If it is established that a guardian or trustee has concluded a contract on behalf of a person under guardianship or trusteeship without the authorization of the guardianship and trusteeship body, the latter must immediately apply to a court in the interests of the person under guardianship or trusteeship.

If a contract concluded on behalf of a person under guardianship or trusteeship without the authorization of the guardianship and trusteeship body is declared invalid, property belonging to the person under guardianship or trusteeship shall be returned, and damage caused to the parties to the contract shall be compensated by the guardian or trustee in the amount and manner established by law.

Article 39. Compensation for property damage caused by a guardian or trustee

The guardianship and trusteeship bodies must demand from the guardian or trustee full compensation for property damage caused to the person under guardianship or trusteeship as a result of unlawful actions (inaction); upon termination of guardianship or trusteeship, a legally capable person under guardianship or trusteeship has the right to demand such compensation.

Where the guardian or trustee fails to perform, or improperly performs, duties to preserve and manage the property of the person under guardianship or trusteeship (damage to property, failure to preserve it properly, spending property not for its intended purpose, acts/omissions that led to a decrease in the value of the property, etc.), the guardianship and trusteeship body shall draw up a report and submit to the guardian or trustee a demand to compensate the property damage caused to the person under guardianship or trusteeship.

Article 40. Appointment of an allowance for a person under guardianship or trusteeship

The expenses of the guardian or trustee for the maintenance of the person under guardianship or trusteeship shall be covered from the funds of that person; if such funds are insufficient, an allowance for the maintenance of the person under guardianship or trusteeship may be appointed for the guardian or trustee in the manner prescribed by law.

Chapter 8. Supervision in the sphere of guardianship and trusteeship

Article 41. Supervision over the activities of the guardianship and trusteeship bodies

Supervision over the activities of the guardianship and trusteeship bodies and their officials shall be carried out by State bodies and officials authorized by law.

Article 42. Supervision over the performance of duties by guardians and trustees

Supervision over the performance of duties by guardians and trustees shall be carried out by the guardianship and trusteeship bodies at the place of residence of the persons under guardianship or trusteeship, or of the guardians or trustees.

Persons under guardianship or trusteeship have the right to lodge complaints with the relevant guardianship and trusteeship body or with a court against actions (inaction) of the guardian or trustee.

Persons who become aware of an immediate threat to the life or health of persons under guardianship or trusteeship, or of a violation of their rights, freedoms and lawful interests, must inform the guardianship and trusteeship body at the actual location of the person under guardianship or trusteeship, or law-enforcement bodies. Upon receiving such information, the guardianship and trusteeship bodies and law-enforcement bodies must take necessary measures to protect the rights, freedoms and lawful interests of the person under guardianship or trusteeship.

Article 43. Report of the guardian and trustee

The guardian and trustee must submit to the guardianship and trusteeship body a report on the performance of their duties in the manner established by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 44. Compensation for damage caused to a person under guardianship or trusteeship

Damage caused to a person under guardianship or trusteeship as a result of unlawful decisions of the guardianship and trusteeship bodies or unlawful actions (inaction) of their officials must be compensated in the manner prescribed by law.

Article 45. Appeals against decisions of the district or city khokim, and of the guardianship and trusteeship bodies

Interested persons may appeal to a court against decisions of the district or city khokim on establishing or terminating guardianship or trusteeship, on releasing or removing guardians or trustees from the performance of duties, and against decisions of the guardianship and trusteeship bodies on preliminary appointment of a guardian or trustee.

Article 46. Complaints against unlawful actions (inaction) of a guardian or trustee

Complaints against unlawful actions (inaction) of a guardian or trustee may be lodged with the relevant guardianship and trusteeship body or with a court by the person under guardianship or trusteeship, by State bodies and institutions, by citizensʼ self-government bodies, by non-governmental non-profit organizations and by citizens at the place of residence of the person under guardianship or trusteeship.

Chapter 9. Final provisions

Article 47. Settlement of disputes

Disputes in the sphere of guardianship and trusteeship shall be settled in the manner prescribed by law.

Article 48. Liability for violation of the legislation on guardianship and trusteeship

Persons guilty of violating the legislation on guardianship and trusteeship shall be liable in the manner established by law.

Article 49. Bringing legislation into conformity with this Law

The Cabinet of Ministers of the Republic of Uzbekistan shall:

bring governmental decisions into conformity with this Law;

ensure that State administration bodies review and repeal their normative-legal acts that contradict this Law.

Article 50. Entry into force of this Law

This Law shall enter into force six months after the day of its official publication.

President of the Republic of Uzbekistan I. KARIMOV

Tashkent,

January 2, 2014,

No. LRU-364