SECTION 2. The results of NMP operation in Ukraine 153 – definition of the legal grounds on which care and custody institutions may grant permissions to custodians or guardians to effect transactions with the immovable property of their residents (Article 71 of the Civil Code of Ukraine). The present Article 71 of the Civil Code personnel of care and custody authorirequires custodians and guardians to re- ties, which in its turn entails frequent ceive permissions from care and custo- violations of the rights of the persons dy authorities for any transactions with concerned and does not conform with immovable property of institutionalized the fifth principle of the UN Principles individuals, although neither the Code for the Protection of Persons with Mennor the Care and Custody Rules specify tal Illness and for the Improvement of any legal grounds for such permissions. Mental Health Care adopted by UN GenAs a result of this legal uncertainty the eral Assembly on December 17, 1991 decisions on such permissions fully de- (No. 46/119); pend on subjective assessments of the – establishment of specific grounds for relieving custodians and guardians from their duties (Article 75 of the Civil Code of Ukraine). This Article stipulates that on an applica- that in none of the regions all 100 % of tion from a care and custody authority a the official custodians and guardians of court may relieve a custodian or guard- adult persons fulfilled their obligation ian of his/ her duties in instances of fail- of submitting annual reports to the care ure to perform own duties, violation of and custody authorities on their action the rights of the cared person or in case for protection of the rights and interests of the cared person’s institutionaliza- of persons in their care, as required by p. tion in an educational, health care or 4.11 of the Rules. In Zhytomyr, Kyiv, Tersocial security facility. Vagueness of the nopil, Chernihiv and Cherkassy Regions grounds for such decisions and absence such reports came from just about 1 % of the procedure for mandatory relief of the registered custodians and guardof custodians/ guardians of their duties ians. Therefore, it is necessary to effect has resulted in the situation when in the changes that will ensure compli2011 only under 200 custodians/ guard- ance with p. 7 of the Declaration of the ians were dismissed from their duties by Rights of Mentally Retarded Persons courts. At the same time the data from and principles 22 and 23 of the UN Prinlabor and social security departments ciples for the Protection of Persons with of the regional and city administrations Mental Illness and for the Improvement that was sent to the Parliament Com- of Mental Health Care. missioner at her request has shown In view of the information presented above and of the extreme sensitivity of the matter of protection of the rights of incapable persons I think it feasible to initiate a fundamental study of this issue, in order to eliminate the violations of the rights of such individuals.