Liability is imposed on citizens who leave abroad without appointing a trustee for their minor child

On the portal of discussion of draft normative legal acts, the draft Law of the Republic of Uzbekistan «On introduction of changes and additions to some legislative acts» has been published.

The draft law amends some legislative acts in order to establish the responsibility of offenders who leave their permanent or temporary residence without fulfilling their duty of providing trustee for minor children.

The statement from the document states that a total of 1,245 persons left their permanent or temporary place of residence without fulfilling their tasks to provide a trustee for their minor children. In the cases above, all of thye offenders have not appointed guardians or trustees for their minor children.

As a result of that The rights of the children determined in the legislation "on the rights of children", freedoms and legitimate interests of the child, the protection of their life and health, the protection of their honor and dignity, as well as  the protection of the rights and freedoms of the child are being violated, causing various types of delinquency or crime by minors.

According to the draft, the Code of Administrative Liability will be supplemented by article 47-6, which implies as follows:

“Article 47-6. Leave of parents to another region or other country without appointing a guardian or trustee to minor children.

Departure of the parents to another region or foreign country without the appointment of a guardian or trustee (except for the period when parents are unable to fulfil their parental responsibilities for valid reasons) – is regarded as reason for imposing fines in the amount of the up to five times of basic rate (1.35 million sum).

Repeated commission of the same offense within a year after the imposition of an administrative penalty incurs a fine of 5 to 10 basic amounts (2.7 million sum)”.

In addition, article 74 of the Family Code is supplemented by the following third and fourth parts:

“According to the law, parents are obliged to appoint a guardian or trustee for their children when they go abroad for a period of more than three months.

When a parent leaves for a foreign country for a period not exceeding three months, they are obliged to leave their children under the guardianship or sponsorship of a relative or other close person; guardianship or custody will be established, if necessary for the interests of the child.

Parents must submit an application for the appointment of a guardian or trustee of their children to the tutorship and guardianship agency at the place of temporary or permanent residence, one month before the parent leaves the country for permanent residence or for a period of more than three months”.

Article 20 of the Law of the Republic of Uzbekistan «On Guardianship and Trusteeship» is interpreted as follows:

“Article 20. Appointment of tutorship or guardianship in case of temporary absence of parents from their place of residence.

Parents are obliged to take measures to appoint a guardian or trustee for their children in accordance with Article 26 of this Law in case of their temporary absence from their place of residence for more than three months or departure abroad.

When a parent leaves for a foreign country for a period not exceeding three months, they are obliged to leave their children under the guardianship or custody and supervision of relatives or other close persons, and trusteeship or guardianship is established, if it is necessary for the interest of child”.

parents must submit an application for the appointment of a guardian or trustee to their children to the guardianship and trusteeship authority of the area where they are temporarily or permanently residing. ”

Parents must apply for the appointment of a guardian or trustee to their children for permanent residence in a foreign country or for a period of more than three months in a foreign country for a period of more than three months one month before they leave for the country for permanent residence or for a period of more than three months ».