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Home / Codes / Article 126. The rights and duties of a guardian or trustee of a child of the Code on Marriage (Matrimony) and Family of the Republic of Kazakhstan

Article 126. The rights and duties of a guardian or trustee of a child of the Code on Marriage (Matrimony) and Family of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 126. The rights and duties of a guardian or trustee of a child of the Code on Marriage (Matrimony) and Family of the Republic of Kazakhstan

  1. The guardian or trustee of a child is obliged to bring up a child under guardianship or guardianship, to take care of his health, physical, mental, moral and spiritual development.

     These duties are not imposed on the trustees of adults who are limited in legal capacity by the court.

     The guardian or trustee has the right to independently determine the ways of raising a child under guardianship or guardianship, taking into account the opinion of the child and the recommendations of the body performing the functions of guardianship or guardianship, as well as in compliance with the requirements provided for in Article 72 of this Code.

     The guardian or trustee, taking into account the opinion of the child, has the right to choose the organization of education and the form of education of the child and is obliged to ensure that the child receives compulsory secondary education.

     2. The guardian or trustee has the right to demand by court the return of the child under guardianship or guardianship from any persons who keep the child without legitimate grounds, including from close relatives of the child.

     3. A guardian or trustee has no right to prevent a child from communicating with his parents and other close relatives, except in cases where such communication is not in the best interests of the child.

     4. Guardians or guardians of minors are required to live with their wards, except in cases where the wards are being raised or treated by an educational organization or a medical organization. The separation of a trustee from a ward who has reached the age of sixteen is allowed with the permission of the body performing the functions of guardianship or guardianship, provided that this does not adversely affect the upbringing and protection of the rights and interests of the ward.

     Guardians or trustees are required to notify the bodies performing guardianship or trusteeship functions of a change of residence.

     5. Guardians or trustees who are citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, as well as permanently residing outside the Republic of Kazakhstan, or foreign citizens, are required to submit at least once every six months to the body performing guardianship or guardianship functions a copy of the child's health passport in the form approved by the authorized body in the field of healthcare., and reports on the work of his upbringing, the spending of money allocated for his maintenance, and the management of his property.

Guardians or trustees who are citizens of the Republic of Kazakhstan, permanently residing in the territory of the Republic of Kazakhstan, as well as permanently residing outside the Republic of Kazakhstan, or foreign citizens, are required to comply with the requirements set out in paragraphs 5), 6), 7), 10) and 11) of the first part of paragraph 1 of Article 122 of this Code, during the entire period of their child-rearing duties.

The body performing the functions of guardianship or trusteeship, within the time limits established by the Government of the Republic of Kazakhstan, verifies the guardians or trustees who are citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan for compliance with the requirements established by the subparagraphs 5), 6), 7), 10) and 11) of the first part of paragraph 1 of Article 122 this Code, by obtaining documents and information from digital systems or a digital document service.

     If it is impossible to obtain the documents and information specified in part three of this paragraph from digital systems or a digital document service, guardians or trustees who are citizens of the Republic of Kazakhstan permanently residing in the territory of the Republic of Kazakhstan are required to submit them to the body performing the functions of guardianship or guardianship.

 

 

 

 

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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