RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of November 25, 2011 No. 8

About application of the legislation by courts by hearing of cases about paternity proof

Practice of application by courts of the legislation by hearing of cases on paternity proof shows that courts in general correctly resolve the disputes following from family legal relationship. At the same time in activity of the courts there are also mistakes in case of application of regulations of the specified legislation.

For the purpose of ensuring the correct and uniform application by courts of the legislation by hearing of cases on paternity proof, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain that one of priority tasks of courts is ensuring the constitutional principle of maternity welfare and the childhood with the state, protection of the rights and the interests of children protected by the law, irrespective of their origin and civil status of parents.

With respect thereto courts need to strengthen attention to the correct, timely consideration and permission of cases on paternity proof, to carefully carry out preparation of cases of this category for legal proceedings, to take measures to complete clarification of the actual facts of the case and relations of the parties.

2. According to article 61 of the Family code in case of the child's birth at the parents who are not married among themselves paternity is established by body of civil registration according to the joint statement of mother and person recognizing himself as the child's father (in cases of death of mother of the child, recognition by its court incapacitated, impossibility of establishment of its location or deprivation of its parent rights - according to the statement of person recognizing himself as the child's father).

The refusal of body of civil registration in paternity proof can be appealed in administrative court by person recognizing himself as the child's father.

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