ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN AND FOREIGN COUNTRIES ON THE INSTITUTE OF GUARDIANSHIP AND TRUSTEESHIP

Аннотация

INTRODUCTION Article 77 of the newly adopted Constitution stipulates that parents and guardians are obliged to Article 1 of the Constitution adopted in the new raise their children until they reach adulthood, and edition, considered one of the important changes in to take care of the child’s upbringing, education, the history of our country, established the norm and healthy, full and wholesome development. At that “Uzbekistan is a sovereign, democratic, legal, the same time, the state and society ensure the social and secular state with a republican form of feeding and education of orphans and children government” . Through this, the new Uzbekistan’s deprived of their parents’ custody, education, and long-term development strategies, concepts, a healthy, full and healthy development, and for this solid legal framework for the prosperous life of our purpose, the promotion of welfare activities is country and our people in general, as well as a mentioned. reliable guarantee were created. It should be noted that if the content of the above The approach of “Man – society – state”, which is article is considered, it is noteworthy that the main principle of the current reform under the guardians and sponsors are understood as leadership of our respected leader Sh.Mirziyoyev, substitutes for parents. has become the main tradition in our practical life and has been deeply absorbed into the contents of Article 3 of the Law of the Republic of Uzbekistan the new Constitution. The idea of “for the dignity of “On guardianship and trusteeship” defines the man”, the dignity, honor and pride of man should concepts of guardianship and trusteeship as henceforth come first in all spheres. follows: https://www.theamericanjournals.com/index.php/tajpslc 45 THE USA JOURNALS THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803) VOLUME 06 ISSUE03 Guardianship is a legal form of placement of Under the second part of Article 21 of the law of the orphans under the age of 14 and children deprived Republic of Uzbekistan “On guardianship and of parental care, as well as citizens recognized by trusteeship”, adult citizens can be appointed as the court as incompetent, in order to provide them guardians or trustees only by their consent. with support, upbringing and education, protect This is what is understood from this rule that it is their property and personal non-property rights not allowed to impose the implementation of and legitimate interests. guardianship and trusteeship in a mandatory way. Trusteeship is a legal form of placement of orphans Therefore, a citizen who wants to become a aged 14 to 18 years and children deprived of guardian and trustee will confirm his consent by parental care, as well as citizens with limited legal applying for an application. The submission of such capacity in court, in order to provide them with an application means the consent of the applicant food, upbringing and education, protection of their to guardianship and trusteeship. property and personal non-property rights and One of the russian scientists Y.Ushakova noted that legitimate interests. Citizens of the age of majority modern legislation provides for the consent of a who, due to their state of health, cannot person to perform his guardianship duties as a independently exercise their rights and perform prerequisite for the appointment of a guardian their duties, may be assigned sponsorship at the (trustee). Only the free expression of desire, the request of these persons. desire of a child to replace his parents, cannot be At the same time, it can be seen that article 3 of the the main factor in proper upbringing, and care at Law of the Republic of Uzbekistan “On guarantees the same time cannot be based on coercion. of the rights of the child” and chapter 21 of the However, those who wish to make such a Family code (articles 173-175) also establish commitment among individuals do not constitute a norms on the concepts of guardianship and majority and, as a rule, do so with the participation trusteeship. of close relatives . Another Russian legal scholar R.Tovmasyan believes that in itself, when determining a guardian ANALYSIS OF THE MAIN LITERATURE (trustee), it is necessary to take into account not The guardian and the trustee are considered the only the formal compliance of a particular most active and highly responsible subjects of candidate with the requirements of the law, but guardianship and trusteeship relations. It is the also the interests of a child or a person who needs guardians and trustees who manifest themselves a guardianship designation. Therefore, priority as minors, incapacitated and limited in the (preference) should be given to a close person if possibility of treatment, as persons directly there are two or more candidates, and not contrary responsible for ensuring and protecting the rights to civil and family law. However, for those in and legitimate interests of citizens of adult age who guar