Principle of the best interests of the child to be applied in Uzbekistan when resolving parental disputes over children

Uzbekistan is changing its approach to handling family disagreements concerning children. Court decisions will now be based on the 'best interests of the child' principle, which requires considering not only the parents' opinions but also the conditions that best promote the child's safety, development, and overall well-being.

Dispute Resolution Procedure

This new approach is applied when parents cannot reach an agreement on issues such as upbringing, the child's place of residence, or other important aspects of the child's life. Specialists will assist the court in assessing the situation based on the child's real needs.

Role of Social Services

Dilnoza Husanova, an employee of the National Agency for Social Protection under the President of Uzbekistan, reported that guardianship and trusteeship bodies, along with relevant staff from 'Inson' social centers, will become the primary legal representatives of the child's interests in court. When preparing conclusions, specialists will conduct a comprehensive analysis of the child's living conditions, including the home environment, family member relationships, and the influence of surrounding people.

Criteria for Assessing the Child's Condition

Factors such as age, level of mental and psychological development, the child's interests and abilities, and their health status will be taken into account during the assessment. A special medical evaluation criterion has been established for children with disabilities. To ensure uniformity in actions, special methodological recommendations and instructions will be developed for social workers, allowing decisions to be made based on clear criteria rather than subjective feelings. The main goal of this mechanism is to protect the child's future, not just to resolve a conflict between adults.

Protecting the Child from Pressure

Special attention is paid to situations where parents attempt to influence the child's opinion during a dispute. According to Husanova, attempts by parties to exaggerate circumstances or sway the child to their side may arise in court proceedings. If the child is under pressure and unable to freely express their point of view, the court has the right to involve independent psychologists for an expert examination. These specialists will work with data from university psychology departments to determine how the child perceives the conflict, how their opinion was formed, and whether they have been subjected to manipulation by one of the parents.

Law's Entry into Force

Although the law was adopted on July 1st, it is currently awaiting official entry into force. Following this, a number of subordinate acts must be approved, including resolutions of the Cabinet of Ministers and internal regulations for guardianship bodies and social workers. Dilnoza Husanova emphasized that this is not a radical change in legislation, but the addition of a key formulation regarding the principle of the best interests of the child, which means enshrining the mechanism in the law for subsequent practical application.

podrobno.uzJuly 4, 13:38

Supreme Court of Uzbekistan clarifies procedures for considering cases on civil capacity and child upbringing issues

The Plenum of the Supreme Court of Uzbekistan approved a number of new clarifications aimed at standardizing judicial practice in cases concerning the declaration of citizens as legally incompetent, the application of interim measures, and the resolution of disputes related to children. These updates also apply to issues of environmental protection, administrative violations, and fulfillment of credit obligations.

Procedure for Declaring Citizens Legally Incompetent

One of the central decisions of the Plenum was a resolution regulating the process of considering cases regarding the limited or complete incapacity of individuals. The document details the grounds for limiting legal capacity, the procedure for filing applications, as well as the roles of the prosecutor and guardianship authorities during the proceedings. Features concerning minors were also defined.

It is important to note that the mere use of alcohol, narcotic, or psychotropic substances is not a sufficient ground for limiting legal capacity. The court must ensure that this behavior has led to a serious financial situation for the family. A decision can only be made if a set of conditions established by law is met.

Assessment of Evidence and Citizens' Rights

Forensic psychiatric examination is recognized as an important element, but it is not the sole piece of evidence. The court is obliged to study the entire body of case materials, and if the expert conclusion raises doubts or proves incomplete, it has the right to appoint a repeat or commission examination.

A citizen whose legal capacity is being challenged must be a full participant in the judicial process, and their opinion must be taken into account. After a decision is issued, they retain the right to appeal it. If they recover or the circumstances limiting their rights are eliminated, the court must restore the person's legal status.

Preliminary Protective Measures in Court

The second resolution concerns securing claims and applying preliminary protective measures in civil, administrative, and economic proceedings. These measures are used when there is a possibility that the defendant may hide or dispose of property in a way that makes the enforcement of a future court order impossible.

A petition for such measures can be submitted either with the statement of claim or during the course of the case review. The court is obliged to consider such requests within five days, and if they are received online after business hours, no later than the next day. Measures can be applied at any stage of the case, even if it is temporarily suspended. Furthermore, the Supreme Court emphasized that these measures should not be used to suspend decisions aimed at protecting life, public health, or ensuring public safety.

Changes in Family Law

Significant adjustments have been made to the regulation of child upbringing disputes. Courts are now recommended to more actively apply mediation. Parents can resolve disagreements through a mediated agreement before going to court or during the process itself. If out-of-court settlement is not possible, the court must explain to the parties the possibility of resolving the dispute through mediation before issuing a decision.

The procedure for calculating alimony has been changed when parental rights are revoked or the child is transferred to another legal representative. If the child goes to another parent or legal representative, all payments are collected in favor of that person. In the event the child is placed in a children's institution, both parents are obligated to transfer alimony to a special account opened in the child's name, which will receive these funds upon reaching eighteen years of age.

After the decision to revoke parental rights enters into legal force, the court will send the relevant documents to organizations engaged in social payments, as well as to courts handling alimony collection matters.

Additional Areas of Regulation

The Plenum also introduced amendments to existing clarifications concerning natural resource management and environmental protection, the fulfillment of credit agreements, and the consideration of administrative offenses.

Ombudsman Feruza Eshmatova previously spoke at the Supreme Court Plenum, emphasizing the need to form a unified judicial practice on these categories of cases.