Application to the police for the protection of the rights and legitimate interests of minor children
"Juvenile Police Department" Police Department
Auezovsky district of the city of Almaty, Almaty, _______________
from: _______________ IIN: _______________ Almaty region,
Kaskelen, St. _______________. 8 _______________.
Proxy representative: Law and Law Law Company LLP, represented by
CEO Galymzhan Turlybekovich Sarzhanov
BIN 190240029071
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
Statement
_________________________ and _________________________ They have been married since __ October 20__, and have two minor children from their marriage _________________________ __.09.20__ G.R. and _________________________ __.10.20__ G.R. __ January 20__ Karasai District Court Karasai District Court of Almaty region composed of the presiding judge _________________________, having considered in open court the civil case on the claim of _________________________ to _________________________ on the dissolution of the marriage, I DECIDED: to satisfy the statement of claim for the dissolution of the marriage; Sapargalievna registered in the Office of the Akim of the Karasai district dated __ October 20__, the registration record № _________________________ - terminate it. _________________________ voluntarily pays child support and is a decent person, has no bad habits. Currently, minor children live with _________________________ at the address: Almaty, Aksai 5 microdistrict, house no. __, apartment no. __.
We would like to inform you that with _________________________ does not allow _________________________ See your friends children and take part in their upbringing, and also does not allow children to see their father.
Application to the police for the protection of the rights and legitimate interests of minor children
By your actions _________________________ violates the requirements of paragraph 1 of Article 61 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" (hereinafter referred to as the Code), according to which the child has the right to communicate with both parents, grandparents, brothers, sisters and other relatives; The dissolution of the marriage (matrimony) of the parents, its invalidation or separation of the parents should not affect the rights of the child; In the case of separation of the parents, the child has the right to communicate with each of them. A child has the right to communicate with his parents also if they live in different countries. According to Article 67 of the Code: The child has the right to protect his rights and legitimate interests.
The protection of the rights and legitimate interests of a child is carried out by the parents or other legal representatives of the child, and in cases provided for by legislative acts of the Republic of Kazakhstan, by the body performing the functions of guardianship or guardianship, by the prosecutor and the court, as well as by internal affairs bodies and other state bodies within their competence. A minor recognized as fully capable in accordance with the laws of the Republic of Kazakhstan has the right to independently exercise his rights and duties, including the right to protection, until reaching the age of majority.
The child has the right to protection from abuse by parents or other legal representatives. In case of violation of the rights and legitimate interests of the child, including in case of non-fulfillment or improper fulfillment by parents or other legal representatives of duties related to the maintenance, upbringing, education of the child, or in case of abuse of parental (guardianship, guardianship) rights, the child has the right to independently apply for protection of his rights to the body performing the functions of guardianship or guardianship, and upon reaching the age of fourteen, he goes to court. Officials of state bodies and organizations and other citizens who have become aware of a threat to the life or health of a child, a violation of his rights and legitimate interests, are required to report this to the body responsible for guardianship or guardianship at the child's actual location. Upon receiving such information, the body performing the functions of guardianship or guardianship is obliged to take the necessary measures to protect the rights and legitimate interests of the child.
Also _________________________, violates the requirements of paragraph 1 of Article 68 of the Code, according to which parents have equal rights and bear equal responsibilities in relation to their children (parental rights). According to paragraph 1 of Article 73 of the Code, a parent living separately from a child has the right to communicate with the child, participate in his upbringing and resolve issues related to the child's education and other important issues for the child.; The parent with whom the child lives should not interfere with the communication of the child with the other parent, if such communication does not harm the physical and mental health of the child, his moral development.
In accordance with paragraph 4 of Regulatory Resolution No. 15 of the Supreme Court of the Republic of Kazakhstan dated November 29, 2018 "On the application of legislation by courts in resolving disputes related to the upbringing of children" and paragraph 3 of Article 73 of the Code, it is stipulated that parents have the right to conclude in writing an agreement on the procedure for exercising parental rights by a parent living separately from the child. If the parents cannot come to an agreement, the dispute is resolved by the body performing the functions of guardianship or guardianship, and in case of disagreement with its decision, through mediation or a court with the participation of this body and the child's parents. In this regard, the courts should keep in mind that the plaintiff must comply with the procedure established by law for this category of cases of preliminary pre-trial dispute resolution. In case of non-compliance with the procedure for preliminary pre-trial dispute resolution and if the possibility of applying this procedure has not been lost, the judge should, in accordance with subparagraph 1) In the first part of Article 152 of the CPC, return the statement of claim and explain the need to apply to the bodies performing guardianship or trusteeship functions.
According to Article 10 of the Law of the Republic of Kazakhstan "On the procedure for considering Appeals from Individuals and Legal Entities", responses to appeals must be well-founded and motivated in the state language or the language of the appeal with reference to the legislation of the Republic of Kazakhstan, contain specific facts refuting or confirming the applicant's arguments, explaining their right to appeal the decision. Application to the police for the protection of the rights of minor children
Application to the police for the protection of the rights and legitimate interests of minor children
Based on the above and guided by Articles 61, 67 and 68 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family",
I ask you to:
Take necessary measures to protect the rights and legitimate interests of minor children: _________________________ __.09.20__ G.R. and _________________________ __.10.20__ born in, residing at the address: Almaty, _________________________;
To bring to justice _________________________ for violating the requirements of the legislation of the Republic of Kazakhstan;
Conduct an explanatory conversation about the rights and obligations of parents in accordance with the Air defense System;
To respond to the application within the time limits prescribed by law;
Yours sincerely,, ____________/_________________ "___"___________2020 G.
Attention!
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