of April 23, 1998 No. 3
About practice of application by courts of the legislation in case of the dispute resolution, the children connected with education
Care of education of children in independent and neutral Turkmenistan in the spirit of respect of universal values, commitment to international legal regulations about maternity welfare and legal protection of the child, preserving and development of moral heritage, true patriotism, honesty and decency, preparation them to socially useful work, is the constitutional obligation and moral imperative of parents.
The correct permission courts of the disputes connected with education of children promotes ensuring protection of the rights of children and parents, increase in responsibility of parents for proper education of children, stops use by parents of the rights in contradiction with interests of children, is one of measures of the prevention of offenses of minors.
Studying of court practice showed that courts, resolving the disputes connected with education of children correctly apply precepts of law and these disputes are generally resolved by courts correctly.
At the same time, in activity of the courts on hearing of cases of the called category, there are shortcomings.
By courts it is not always considered that the disputes connected with education of children shall be resolved first of all according to their interests. Separate courts do not pay due attention to preparation of cases for legal proceedings, do not request the proof necessary for the correct dispute resolution. In hearing of cases guardianship and custody bodies are not always recruited. Courts do not use all measures directed to the prevention of antisocial behavior of the individuals evading from education of children and exerting adverse effect on them.
Considering stated, and also availability of questions the, not clear for courts, on application of the legislation in case of the dispute resolution connected with education of children, the Plenum of the Supreme Court of Turkmenistan
decides:
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