142 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE group for drafting of the relevant regulation. At the present time there is no proper action on the part of either MIA or MHC with regard to regulation of this issue. On December 12, 2012 the Ombudsman sent a submission to M. Azarov, Prime Minister of Ukraine, on bringing Resolution No. 1138 of the Cabinet of Ministers of Ukraine (of September 17, 1996) “On approval of the list of paid services provided at public health care institutions and establishments of higher medical education” (where it relates to services of forensic psychiatric examination in cases on restriction of civil capacity or on pronouncement of a natural person incapable) into compliance with the requirements of the Code of Civil Procedure of Ukraine. On December 18, 2012 the Prime Minister tasked the Ministry of Health Care to take measures for resolving this issue. Analysis of the reply from MHC suggests that this assignment was not fulfilled. Such position of the Ministry contravenes pp. 6.55 and 11.5 of the Provisions on the Ministry of Health Care of Ukraine approved by Edict No. 467/2011of the President of Ukraine of April 13, 2011 and shows that the agency intentionally ignores violations of the legislation by its subordinate institutions. Local health care institutions continue to violate citizens’ rights in the course of forensic psychiatric examination. Against this backdrop of negative aspects of the MHC response to the Ombudsman’s recommendations it is worth noting the timely and efficient measures taken by the health care department of State Administration of Lviv Region with regard to elimination of shortcomings and violations of the rights of patients at the psychiatric institutions of that region. RESPONSE ACTION OF THE MINISTRY OF SOCIAL POLICY (MSP) OF UKRAINE ON THE OMBUDSMAN’S RECOMMENDATIONS Over the reporting period the Ombudsman sent three letters to MSP with regard to elimination of shortcomings identified by the staff of NPM Department during monitoring visits to social security institutions. Analysis of action in response to the Ombudsman’ recommendations suggests that such response had a perfunctory nature and the agency mostly eliminated those shortcomings which the institutions could address on their own. On November 8, 2012 the Ombudsman of Ukraine made an official submission (under № 1.1-1990/34.4-12-70) to Vice Prime Minister – Minister of Social Policy S. Tihipko with regard to respect of the rights of legally incapable individuals and persons of limited legal capacity and their greater protection. The Ombudsman