An individual who, due to a mental disorder, cannot understand the meaning of his actions and (or) manage them, may be recognized by the court as disabled in the order established by civil procedural legislation. Guardianship is established over him (Article 32 of the Civil Code of the DPR).
The rights and obligations of guardians, which they are conferred with to protect the rights and interests of disabled citizens in order to replenish their capacity and social care of them, are determined by the civil legislation of the DPR.
The procedure for considering cases on declaring an individual disabled is established by Chapter 2 of the Code of Civil Procedure of Ukraine (as amended acting on the territory of the DPR). It provides guarantees for illegal and unjustified restrictions on the legal freedoms of citizens.
An application for recognizing an individual as disabled can be submitted by members of his/her family, close relatives, regardless of their cohabitation, by a tutorship and guardianship agency, a psychiatric institution (Article 237, Clause 3 of the CPC). In the application for recognizing an individual as disabled, circumstances have to be set forth that indicate a chronic persistent mental disorder, as a result of which the person is not able to realize the significance of his/her actions and (or) to manage them (Article 238 Clause 3 of the CPC).
In accordance with Clause 2 of Article 32 of the CC of the DPR, on behalf of an individual who has been declared disabled, transactions are made by his/her guardian, taking into account the opinion of such individual, and if it is impossible to establish his/her opinion, regarding information about his/her preferences received from the parents of such individual, his previous guardians, other persons who provided services to the individual and who faithfully implemented their obligations.
It should be noted that with the development of the ability of an individual who was recognized as disabled, to understand the meaning of his actions or to manage them only with the help of other persons, the court recognizes such an individual who has limited dispositive capacity in accordance with Clause 2 of Article 33 of the CC of the DPR. On the basis of a court decision, the guardianship established over a natural person is cancelled, and in the event when the natural person is recognized as having limited dispositive capacity, guardianship is established.
It should be remembered that when recovering the ability of an individual who has been declared disabled to understand the meaning of his/her actions or to manage them, the court will recognize him/her as capable.
