Citizens will have more rights and reduced dependence on guardians
In its second reading, the bill proposed by Deputy Dastan Bekeshev received approval from the Committee of the Jogorku Kenesh on judicial and legal issues, law enforcement, combating crime, and corruption. It concerns the reform of the process of recognizing citizens as incapacitated and simplifying the restoration of their rights.
The main goal of this bill is to make the system fairer and more humane. Currently, once a person is declared incapacitated, the decision remains in effect indefinitely. Even if a person's health improves, they have no right to appeal to the court, remaining completely dependent on their guardian. This leads to situations where individuals can remain in a state of incapacity for years without the ability to change their circumstances.
According to the new provisions, citizens will be able to independently file applications in court requesting a review of their status if they notice improvements in their condition. If they are unable to do this personally, their interests can be represented by another person.
Additionally, it is stipulated that three years after the court's decision, if no new grounds for declaring incapacity arise, the status will be automatically restored. This will help avoid cases where a person who is already healthy is still considered incapacitated.
It is also proposed to allow citizens recognized as incapacitated to carry out simple everyday transactions, similar to those permitted for children under 14 years old. For example, they will be able to purchase essential goods, which will provide them with greater independence and help them adapt to normal life.
The bill also includes regular reassessment of the health status of citizens to account for changes and prevent potential abuses by guardians.
The discussed changes comply with the UN Convention on the Rights of Persons with Disabilities and aim to ensure the participation of citizens in social life to the extent appropriate to their condition.
