In accordance with Article 39 (1) of the Civil Code of Ukraine, an individual may be declared incapacitated by a court if, because of a chronic, persistent mental disorder, he is not able to understand and (or) manage the significance of his actions.

In accordance with Article 41 of the Civil Code of Ukraine, a caretaker is established for an incapable person. An incapacitated individual does not have the right to make any transaction. This should be done by the guardian in the interests of the incapacitated person.

According to Article 71 of the Civil Code of Ukraine, the guardian is not entitled without the permission of the guardianship and guardianship body:

1) to waive the property rights of the ward;

2) issue written commitments on behalf of the ward;

3) enter into contracts that are subject to a notarial certificate and / or state registration, including contracts for the division or exchange of a residential building, apartment;

4) enter into contracts for other valuable property.

By January 1, 2013, the land lease agreement was subject to state registration, therefore, it was necessary for the guardian to obtain permission from the guardianship and trusteeship body for its conclusion. From January 1, 2013, the land lease agreement is not subject to state registration,   so there is no need to obtain permission.

In practice, for the conclusion of a land lease agreement, the guardian does not receive permission of the guardianship and trusteeship body. If you want to be 100% sure that in the future the guardianship and trusteeship body will not challenge the land lease agreement, we recommend that you contact them with the above permission. Please note that the district state administrations are the guardianship and trusteeship authorities.

The recipient of the funds for the purposes of submitting the declaration will be the owner of the land. The actual payee will be the guardian.