Family law 1 Concept source and tasks of

Family law. 1. Concept, source and tasks of a family law. • The family law is an independent branch of the right. The main sources of a family law are the Constitution and the Law of the Republic of Kazakhstan "About marriage and a family" accepted on December 17, 1998. • The family law includes the following sections: general provisions, marriage, family, guardianship, the alimony relations of family members, acts of civil state, application of standards of the matrimonial legislation to foreigners and stateless persons.

The matrimonial legislation of the Republic of Kazakhstan is based on the principles: 1) voluntariness of the marriage union of a man and a woman; 2) equal rights of spouses in a family; 3) inadmissibility of any intervention of someone in family affairs; 4) solutions of inner-family problems by a mutual consent; 5) priority of family up-bringing of children, cares of their development and welfare; • 6) priority protection of rights and interests of minors and disabled; • 7) ensuring free implementation of the rights, possibilities of judicial protection of these rights by members of the family; • 8) stimulations of a healthy lifestyle of all family members; • • •

2. Conditions and marriage order. • Conditions of a marriage are: mutual voluntary consent of the man and the woman, marrying, and achievement of marriage by them. The age of consent is established for men and women at eighteen years. In the presence of reasonable reasons authorities of the REGISTRY OFFICE can reduce age of consent for the term of no more than two years. In all cases decrease in age of consent is allowed only with the consent of marrying and it is allowed only with the consent of parents or trustees.

The marriage isn't allowed between: • 1) persons of whom at least one has already had another registered marriage; • 2) direct relatives on the ascending and descending line (parents and children, grandfather, grandmother and grandsons), full and not full brothers and sisters having common father and mother; • 3) adoptive parents • 4) persons from whom at least one person is recognized by court incapacitated because of a mental disease or weak-mindedness

Rights and duty of spouses, parents and children. • 1. Personal, property right and duties of spouses. • The rights and duties of spouses arise from the date of the state registration of a marriage in bodies of the REGISTRY OFFICE. Spouses have the equal rights and perform equal duties. Each of spouses is free in a choice of a kind of activity, a profession, a residence. Questions of motherhood, paternity, up-bringing, education of children and other issues of life of a family are solved by spouses together. Spouses are obliged to build the relations in a family on the basis of mutual respect and mutual aid, to promote wellbeing and family strengthening, to care about health, development of the children and their wellbeing.

Rights and duty of spouses, parents and children. • Lawful mode of property of spouses is the mode of their common joint property if the marriage contract didn't establish other. The property acquired by spouses during marriage, is their common joint property. The right to the common property of spouses belongs also to the spouse who during marriage carried out housekeeping, care of children or for other good reasons had no independent income. Possession, using and the order by the common property of spouses are carried out by agreement of spouses.

Property of each of spouses are: • 1) the property belonging to each of spouses before marriage; • 2) the property received by spouses in the period of marriage as a present, as inheritance or according to other gratuitous transactions; • 3) things of individual using (clothes, footwear and others), except jewelry and other luxury goods, though acquired during marriage at the expense of the common means of the general means of spouses.

Property of each of spouses are: • The property acquired by each of spouses in the period of separate accommodation in connection with the actual termination of marriage, can be recognized by court property of each of them. • The persons marrying, or spouses, at any time during marriage or before it, can conclude the marriage contract (the agreement defining property rights and duties of spouses in marriage and (or) in case of its cancellation).

2. Rights of parents and children. • The child is the person who hasn't reached eighteen-year age. Each child has the right to live and be brought up in a family as far as it is possible, the right to know the parents, the right to their care, the right to joint accommodation with them, except cases when it contradicts his interests. The child has the rights to be brought up by parents, ensuring his interests, an all-round development, respect of his human dignity. The child has the right to communicate with both parents, grandfathers, grandmothers, brothers, sisters and other relatives. Divorce of parents, recognition of it as invalid or separate accommodation of parents shouldn't influence the rights of the child.

2. Rights of parents and children. • The child has the right on protection of the rights and legitimate interests. Protection of the rights and legitimate interests of the child is carried out by parents (persons them replacing), and in cases provided by the law, guardianship and guardianship body, the prosecutor and court. The child has the right on protection against abuses of parents (persons of them replacing). At violation of the rights and legitimate interests of the child, including nonperformance or inadequate performance by parents (one of them or persons them replacing) duties according on support, upbringing, education of the child or at abuse of parental (tutorial, trustee) rights, the child has the right to address independently for protection of the rights to guardianship body, and to the court by reaching age of fourteen years.

2. Rights of parents and children. • Parents bear the equal rights and duties concerning the children. They are obliged to care about health of the children, have the right and are obliged to bring up the children. Parents have the privilege on up-bringing of the children. The parents bringing up the child, bear the main responsibility for providing within their abilities and financial opportunities the living conditions necessary for his physical, mental, moral and spiritual development.

Parents (one of them) can be deprived of the parental rights, if they: • 1) evade from performance of duties of parents, including at malicious evasion from payment of the alimony; • 2) refuse to take the child from maternity hospital (office) or from other children's educational, medical or other establishments without valid excuse; • 3) abuses of the parental rights; • 4) treat children cruelly including physical or mental violence, attempt on their sexual inviolability; • 5) are recognized in accordance with the established procedure as patients with alcoholism, drug addiction and toxicomania.

Parents (one of them) can be deprived of the parental rights, if they: • Parents (one of them) can be deprived of the parental rights at committing of a deliberate crime by them against life or health of the children or the spouse. Deprivation of the parental rights is made in a judicial order with participation of the prosecutor and guardianship body.

3. Guardianship. Adoption. Persons over whom guardianship is established. 1) children without parental support. 2) majority age incapacitated persons. Adoption (adoption) article 76 of the Law "About Marriage and a Family" • 1) It is allowed concerning minors and only in their interests. • 2) Children being citizens of RK, can be transferred to adoption (adoption) to foreigners only in a case if it isn't possible to transfer them to citizens of RK. • •