Informational reference on the Draft Law of Ukraine ‘On Amendments to the Civil Procedure Code of Ukraine on Improving Protection of the Rights of Persons Declared Incapacitated by a Court’ (No. 13355 dated 09.06.2025)

Abstract. The informational reference provides an analysis of the Draft Law of Ukraine ‘On Amendments to the Civil Procedure Code of Ukraine on Improving the Protection of the Rights of Persons Recognised by the Court as Incapable’ (No. 13355 dated 09.06. 2025), which proposes to strengthen procedural guarantees for the protection of the rights and legitimate interests of persons declared incapacitated by a court in accordance with the principles of respect for the dignity, personal autonomy and legal personality of each person in accordance with international standards in this area (the United Nations Convention on the Rights of Persons with Disabilities, the UN Principles for the Protection of Mentally Ill Persons) and the case law of the European Court of Human Rights. The content and instrumental significance of the proposed mechanisms are also analyzed in the context of the generally recognized principles of court decision-making in cases of declaring an individual incapable of legal action, in particular, the reasonableness of the decision, the mandatory review, proportionality, and fair trial.

Keywords: recognition of an individual as incapacitated, restoration of civil capacity of an individual, court decision on recognition of an individual as incapacitated, review of a court decision based on newly discovered circumstances.

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06/2025