Approved by the Law of the Turkmen Soviet Socialist Republic of December 25, 1969
Care of the Soviet family in which public and private interests of citizens are harmoniously combined is one of the most important tasks of the Soviet state.
In the Soviet Union which part the Turkmen Soviet Socialist Republic is on the basis of voluntary consolidation and equality with other federal republics optimum conditions for strengthening and prosperity of family are created. Steadily material wealth of citizens grows, domestic and cultural living conditions of family improve. Socialist society pays much attention to protection and encouragement of motherhood, providing the happy childhood.
Communistic education of younger generation, development of its physical and spiritual powers is the most important obligation of family. The state and society in every possible way help family with education of children, the network of kindergartens, day nursery, boarding schools and other child care facilities is widely developed.
Necessary social conditions for combination of happy motherhood to more and more active and creative participation in production and social and political life are provided to the Soviet woman.
The Soviet legislation on scrap and family is designed to assist actively final clarification of the family relations from material calculations, to elimination of remaining balance of unequal position of the woman in life and to creation of communistic family in which the most deep personal feelings of people will find the complete satisfaction.
Tasks of the legislation on scrap and family of the Turkmen SSR are:
further strengthening of the Soviet family based on the principles of communistic morals;
creation of the family relations on the voluntary marriage union of the woman and man, on feelings of mutual love, friendship and respect of all family members, free from material calculations;
education of children family in organic combination to public education in the spirit of commitment to the Homeland, the communistic relation to work and training of children for active participation in construction of communistic society;
every possible protection of interests of mother and children and providing the happy childhood to each child;
final elimination of harmful remnants and customs of the past in the family relations;
education of sense of responsibility before family.
Legislations on scrap and family of the Turkmen SSR according to Bases of the legislation of USSR and federal republics about scrap and family are established by procedure and conditions of marriage, governs the personal and property relations arising in family between spouses between parents and children, between other family members, the relations arising in connection with adoption, guardianship and custody, acceptance of children on education, procedure and conditions of the termination of scrap, order of registration of acts of civil status.
According to the USSR fixed by the Constitution and the Constitution of the Turkmen SSR equal rights of the woman and man in the Turkmen SSR they have equal personal and property rights in the family relations.
All citizens have the equal rights in the family relations.
Any direct or indirect restriction of the rights, establishment of immediate or indirect advantages in case of marriage and in the family relations depending on origin, social and property status, racial and national identity, floor, education, language, the relation to religion, sort and nature of occupations, the residence and other circumstances is not allowed.
According to the Constitution of the USSR and the Constitution of the Turkmen SSR the family is in the Turkmen SSR under protection of the state.
The state shows care of family by creation and development of wide network of maternity hospitals, children's day nursery and gardens, boarding schools and other child care facilities, organizations and enhancement of consumer services and public catering, allowance payment on the occasion of the birth of the child, provision of benefits and privileges to lonely mothers and large families, and also other types of benefits and the help to family.
Motherhood in the Turkmen SSR is surrounded with national honor and respect, is protected and encouraged with the state. Protection of interests of mother and child is provided with special measures on labor protection and health of women, creation of the conditions allowing women to combine work with motherhood; legal protection, material and moral support of motherhood and the childhood, including provision to women of maternity leaves with preserving content and other privileges to expectant mothers and mothers.
Legal regulation of the marriage and family relations in the Turkmen SSR is performed only by the state.
Only the scrap concluded in state bodies of civil registration is recognized. The religious practice of scrap, as well as other religious practices, have no legal value.
This rule does not belong to the religious practices and documents on the birth, marriage, annulment of marriage and death received in their certificate made before education or recovery of the Soviet bodies of civil registration.
According to Bases of the legislation of USSR and federal republics about scrap and family the legislation on scrap and family consists of the called Bases and other legal acts of USSR, of this Code and other legal acts of the Turkmen SSR published according to them.
This Code and other acts of the legislation on scrap and family of the Turkmen SSR according to Bases resolve the questions carried to maintaining federal republics by Bases and questions of the marriage and family relations, directly Bases not provided.
In the Turkmen SSR marriage, the relations between spouses, between parents and children, adoption, paternity proof, collection of the alimony, guardianship and custody, annulment of marriage, civil registration are regulated by the legislation of the Turkmen SSR.
According to Bases of the legislation of USSR and federal republics about scrap and family the reality of scrap, adoption, establishment of guardianship and custody and validity of acts of civil status are determined by the legislation of the federal republic in the territory of which it was got married, adoption is made, are established guardianship or custody or the act of civil status is registered.
On the requirements following from the marriage and family relations, limitation period does not extend, except as specified, when term for protection of the violated right is established by the legislation of USSR and this Code. In these cases limitation period is applied by court according to the civil legislation if other is not established by the law.
The current of term of limitation period begins since, of this Code specified in the relevant article and if this time is not specified, then from the date of when person learned or owed learn about violation of the right.
In case of application of the regulations establishing limitation period, the court is guided by rules of Articles 78-80 and 83-85 of the Civil code of the Turkmen SSR.
Calculation of the terms established by this Code is made by the rules provided by Chapter 5 of the Civil code of the Turkmen SSR.
Scrap consists in state bodies of civil registration.
Registration of scrap is established both for the benefit of state and public, and for the purpose of protection of personal and property rights and interests of spouses and children.
The rights and obligations of spouses are generated only by the scrap concluded in state bodies of civil registration.
The marriages made on religious practices in the territory of the Turkmen SSR before formation of the Soviet bodies of civil registration are equated to the marriages registered in the specified bodies.
Marriage happens after monthly term after giving by persons interested to marry statements in state body of civil registration.
In the presence of reasonable excuses monthly term can be reduced or increased, but no more than up to three months, the managing bureau (department) of civil registration of executive committee of district, city, district Council of People's Deputies in the city, and in settlements and rural settlements - the chairman of executive committee of settlement, village council of People's Deputies.
Citizens of Turkmenistan marry foreign citizens and stateless persons by contraction of marriage in which property rights and obligations of spouses, and also their obligations on content of children and the disabled spouse needing financial support according to the procedure, provided by this Code make a reservation. The marriage contract is considered valid after signing his faces marrying and registration in body of registry office.
Marriage of the citizen of Turkmenistan with the foreign citizen or the stateless person is made after three-months term after filing of application, and in necessary cases this term can be prolonged up to six months.
Marriage requires mutual consent of persons marrying and achievement of age of consent by them.
Marriage of citizens of Turkmenistan with foreign citizens and stateless persons, in addition to the conditions specified in part one of this Article requires accommodation of this person in the territory of Turkmenistan at least one year.
The age of consent is established in sixteen years.
To the citizens of Turkmenistan who are getting married with foreign citizens and stateless persons, the age of consent is established in eighteen years.
Marriage is not allowed:
between persons of whom at least one consists already in other scrap;
between relatives on the direct ascending and descending line, between full and not full brothers and sisters, and also between adoptive parents and adopted;
between persons from whom at least one is recognized as court incapacitated owing to sincere disease or weak-mindedness.
The rights and obligations of spouses arise from the moment of registration of scrap in bodies of civil registration.
In case of marriage of the spouse voluntarily choose surname of one of spouses as their general surname or each of spouses keeps the premarital surname.
Questions of education of children and other issues of life of family are resolved by spouses jointly.
Each of spouses is free in the choice of occupations, professions and residences.
The property acquired by spouses during scrap is their common joint property. Spouses have the equal rights of ownership, use and order of this property.
Spouses have the equal rights to property and if one of them was busy with housekeeping, care of children or on other reasonable excuses had no independent earnings.
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The document ceased to be valid according to the Law of Turkmenistan of January 10, 2012