Brainsicks’ Property is under Abusive Acts


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Brainsicks’ Property is under Abusive Acts


24-11-2008

Ukrainian legislation is far from being perfect in the field of property administration which belongs to people who have special disability status or who are legally incapable. The legislator uses several terms:

  • admission of individual person as legally incapable or the one who has special disability;
  • care proceedings;
  • appoint a trustee or an administrator;
  • trusteeship and guardianship;
  • property administration;
  • administrator/tutor and institutions, which provide trusteeship and guardianship.

But the law doesn’t make any distinction between these notions.

If people, who have special disability status or who are legally incapable, have no trusteeship or guardianship in this case the medical and educational institutions carry on the duties. But what is in the check-list of duties and if any property administration is possible on behalf of the medical and educational institutions – the legislation is silent on this matter.

The process of property administration which is situated in the other locality towards the person who is legally incapable – is absent.

People who have special disability status or who are legally incapable – are the most underprivileged layer of society. When their rights are violated no one knows about it and it’s obviously. No one can assert their interest. Only State’s attention to this problem can adjust the legal field to solve all these questions.




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