People will become more independent and gain additional rights
At a meeting of the Committee of the Jogorku Kenesh, which deals with issues of the judicial system, law enforcement, combating crime, and corruption, a bill proposed by Deputy Dastan Bekeshev was adopted in the second reading. This bill aims to revise the rules for recognizing citizens as incapacitated and simplify the procedure for restoring their rights.
The main goal of the new bill is to humanize and make the system fairer. Currently, if a person is declared incapacitated, this decision remains in effect indefinitely. Even if their health improves, they cannot independently appeal to the court and are completely dependent on their guardian, which leads to situations where people can remain in a state of incapacity for years.
According to the new provisions, citizens will have the opportunity to file applications in court to review their status if they feel improvement. If they are unable to do this independently, an authorized person can appeal on their behalf.
Additionally, an important innovation is provided: capacity will be automatically restored three years after the court's decision, unless there are grounds for a different opinion. This will help avoid situations where a person who is actually healthy is still listed as incapacitated.
Citizens recognized as incapacitated will also be allowed to make simple everyday transactions, similar to those permitted for children under 14 years old. This, for example, will allow them to purchase essential goods and provide more freedom, helping them gradually return to normal life.
The bill also includes regular reassessments of citizens' health, which will help account for changes and prevent abuses by guardians.
It should be noted that the proposed measures comply with the UN Convention on the Rights of Persons with Disabilities and aim to ensure that citizens can participate in public life to the extent possible, considering their condition.
