The initiator of the document is Deputy of the Jogorku Kenesh Dastan Bekeshev. According to the explanatory note, the aim of the draft law is to find a balance between the child's right to maintain family ties, freedom of movement, the rights of both parents, and the need to prevent the illegal removal of children.
Under the current legislation, a notarized consent from legal representatives is required for a minor to leave the country. In the absence of such consent, the matter is resolved through the court. The author of the initiative notes that this practice can be abused, where one parent, who does not actively participate in the child's life, may hinder the child's departure for treatment, rest, competitions, or meetings with relatives.
Proposed changes to the draft law. In particular, it is planned to allow the temporary departure of a child with one parent without the notarized consent of the other. Exceptions will be made in cases where the second parent has filed a statement of disagreement, there is a court prohibition, or requirements of international treaties.
For other cases, stricter conditions are proposed. If the child is leaving with a person who is not a parent, adoptive parent, or guardian, notarized consent from both parents will be required. Similar additional guarantees will also apply in cases where a permanent departure abroad is anticipated.
The draft law also establishes that if one parent has foreign citizenship, notarized consent from the Kyrgyz citizen parent will be required. In the absence of such consent, the matter will be resolved through the court.
The document proposes to grant the parent the right to submit a statement of disagreement regarding the child's departure with the other parent both in written form and through the electronic interagency interaction system. The second parent must be immediately notified of the submission of such a statement. The court will consider disputes regarding the temporary departure of the child no later than ten working days after its receipt.
Furthermore, the draft law includes a mandatory consideration of the opinion of a child who has reached the age of ten, provided that it does not contradict their interests.
The explanatory note emphasizes that the proposed measures comply with international standards for the protection of children's rights, including the Convention on the Rights of the Child. The author of the initiative highlights that the draft law does not abolish mechanisms for protecting against the illegal removal of children but rather maintains judicial oversight and additional guarantees in situations with increased risk.
The adoption of this law will not require additional expenses from the republican budget, except for possible organizational and technical costs for adjusting the electronic interagency interaction system and accounting for statements of disagreement regarding the child's departure.
The illustration on the main page is for illustrative purposes only.
