SECTION 2. The results of NMP operation in Ukraine 143 indicated the necessity of a comprehensive examination of the current implementation of public policy in the sphere of protection of interests of the said individuals and of its consideration at the meeting of the Collegium of the Ministry, and requested action for improvement of existing relevant legislation, in order to ensure the respect of rights of the legally incapable and persons with limited legal capacity. According to the information from the Ministry it passed a decision to conduct a meeting for development of the suggested changes. However, appointment of the new head of the agency has led to suspension of any further action on the issue. On December 5, 2012 the Ombudsman sent a submission to O. Popov, Head of State Administration of the City of Kyiv, with regard to respect of the right to communication of the patients of Svyatoshynsky neuropsychiatric boarding home, in accordance with the UN Convention on the rights of persons with disabilities and the Law of Ukraine “On Protection of the Rights of the Disabled”. Failure to take any efficient action for eliminating the shortcomings and violations and the position of the department of labor and social security of the State Administration of the City of Kyiv that decided to defend the director of the institution and not the patients triggered another submission of the Ombudsman, under No. 1.1-137/13-70, sent on January 25, 2013 to the Minister of Social Policies N. Korolevska. MSP also received the recommendations of the round table held by the Ombudsman’s Secretariat jointly with Kharkiv Institute of Social Research on “Respect of the rights of patients at neuropsychiatric residences: Existing issues and possible solutions”, for relevant action in furtherance of such recommendations. The lack of MSP’s efficient response to these recommendations signals inappropriate control of this agency over implementation of its assigned tasks.

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