Submitted by crinadmin on
For full text , click here.
The Law on Marriage and the Family of Kazakhstan adopted on 12-17-1998 (# 321-1)
Section 54. The right of the child to express his opinion
The child has the right to express his opinion during resolution in the family of any matter that affects his interests, and also has the right to be heard in the course of any judicial or administrative proceedings. The opinion of the child over the age of ten must be taken into account, with the exception of cases in which this would contradict his interests. In cases stipulated by other provisions of this Code (sections 56, 70, 84, 86, 88, 97, 98, 122), the Bodies of Guardianship and Trusteeship or the court may render a decision only with the consent of the child over the age of ten.[19]
Section 59. The right of the child to protection
1. The child has the right to protection of his rights and legal interests. The protection of the child's rights and legal interests is carried out by the parents of the child (or persons substituting for them), and in cases stipulated by this Code, by the Bodies of Guardianship and Trusteeship, public prosecutors and courts.
A minor recognized in accordance with the law as completely capable before reaching legal age has the right to personally (independently) exercise his rights and duties, including the right to protection.
2. The child has the right to protection from parental abuse (or from the abuse by persons substituting for the child's parents).
Whenever the rights and interests of the child are violated, including non-fulfillment or improper fulfillment of parental responsibilities, (by the parent or parents or persons substituting for them) for upkeep, upbringing, and education, and the misuse of parental rights, the child has the right to apply for protection to the Body of Guardianship and Trusteeship or, after the child has reached the age of 14, to courts.
3. Responsible persons, organizations, or other civilians who receive knowledge of a threat to the life or health of a child, of a violation of his rights and legal interests, are obliged to report this to the Body of Guardianship and Trusteeship located in the child's factual location. Upon receiving such information, the Body of Guardianship and Trusteeship is obliged to take the necessary measures for the protection of the rights and legal interests of the child.
Section 63. The rights and responsibilities of parents to protect the rights and interests of their children.
1. Parents are (function as) the legal representatives of their children and speak out in defense of their rights and interests in relations with any physical or judicial persons, including in the courts, without special permission (authority, power of attorney, warrant).
2. Parents do not have the right to represent their children's interests when the Body of Guardianship and Trusteeship has established a conflict between the interests of the parents and those of their children. In case of a dispute (disagreement) between the parents and the children, the Body of Guardianship and Trusteeship is obliged to appoint a representative for the defense of children's rights and interests.
Section 68. The procedure for terminating parental rights
1. The termination of parental rights is executed in judicial order. Cases involving the termination of parental rights are investigated after a suit brought by one of the parents (or persons substituting for them), agencies or organizations charged with the protection of the rights of minor children (the Bodies of Guardianship and Trusteeship, Committee on the Affairs of Minors, establishments for orphans and children remaining without the care of their parents, and others), and also on a suit brought by the state prosecutor.
2. Cases involving termination of parental rights are investigated with the participation of the state prosecutor and the Body of Guardianship and Trusteeship.
…
Federal law on the Rights of the Child in the Republic of Kazakhstan adopted on 8-08-2002, # 345.
Section 43. Legal representatives of the child
1. The legal representatives of the child effect the representation of children and the protection of their rights and legally guarded (protected) interests in relation to any persons in all government bodies and organizations, including in courts, without special permission (authority, warrant), on the basis of presentation of the child's birth certificate or certificate of adoption, the parents' passports, the identity card of the guardian.
2. The rights and legally guarded (protected) interests of minor children of fourteen to eighteen years of age are protected by their legal representatives, with the exception of cases in which the legislature of the Republic of Kazakhstan specifies the rights of an autonomous minor to speak out in civil, marriage-family, labor, and other legal relations and to protect his rights and interests.
3. The representation and protection of the interests of children in disciplinary and medical organizations, organizations of social welfare, or other organizations are carried out by these organizations in accordance with the legislation of the Republic of Kazakhstan.
4. The representation and protection of the rights and legally guarded (protected) interests of a child remaining without the care of his parents, temporarily, before the placement of the child in a family or facility providing services in the protection of children's rights, is assigned to the Body of Guardianship and Trusteeship.
Section 44. State agencies and the protection of children's rights
The protection of the rights and legally guarded (protected) interests of children is carried out by state agencies according to their powers (plenary powers, authority).
The Decree of the Government of Kazakhstan of 9-09-1999, # 136 On the Bodies of Guardianship and Trusteeship of the Republic of Kazakhstan (“Ob Organah Opeki I Popechitelstva Respubliki Kazakhstan”)
Article 6.
The Bodies of Guardianship and Trusteeship are local executive agencies.
Article 18.(16).
Bodies of Guardianship and Trusteeship have the right, according to the established legal order:
…
(16) To initiate an action (proceeding) regarding the termination of the parental rights of the parent or parents.
Article 19.(4).
The bodies of guardianship and trusteeship must, according to the established legal order:
…
(4) participate in court during proceedings related to the termination or limitation of parental rights, the restoration of parental rights, the annulment or recognition of invalid adoptions the recognition of an invalid marriage with a minor, and also other proceedings in accordance with the Law of the Republic of Kazakhstan “On Marriage and Family.”
0