The current regulations governing the activities carried out by the guardianship and trusteeship bodies are not clear enough. In this regard, the work of this institution is not always coordinated and effective. This, in turn, entails an increase in the number of cases of infringement of the interests and rights of persons fully or partially incompetent. Next, we consider in more detail what constitute the guardianship and trusteeship bodies. The definition of this institution, the nature of its activities will also be described in the article. 
Main problems
Modern realities are such that custody of persons partially or completely incompetent is rarely established. Moreover, the number of such people is growing steadily. Nowadays, relatives and relatives take care of legally incapable persons less and less. This reluctance is largely due to a global deterioration in living standards and a reduction in family ties. Along with this, there are a lot of abuses on the part of guardians providing care for people suffering from mental illness.
In particular, this concerns the property of a legally incapable person. These violations are mainly related to the lack of a clear mechanism for oversight of the activities of responsible persons, as well as to the failure to use trusteeship trust management institutions themselves. Many citizens are declared legally incompetent in a judicial proceeding. Care for these individuals is also extremely rare. First of all, this is due to the lack of provisions in the law that oblige to combat alcoholism or drug addiction. If you look back in the 80s, it can be noted that at that time there was an active promotion of a healthy lifestyle.
At the same time, various compulsory treatment measures were used in relation to those who abused alcohol. Undoubtedly, this contradicts the concept existing today that elevates citizen freedom into the category of the highest value, and cannot be perceived positively by modern law. Nevertheless, providing the opportunity to freely use and even abuse alcohol and drugs, limiting its interference in people's private lives, the state has lost irrevocably a certain part of the population in recent decades.
Another reason for the insufficiently complete application of the provisions of the Civil Code is the consequences of the very fact that a citizen is recognized partially or completely incompetent. In particular, the law does not expressly allow the trustee to receive income of a person with limited legal capacity due to the latter. The provisions indicate the need to obtain consent to dispose of funds paid. This does not give the right to guardians to seize income from citizens with limited legal capacity and dispose of it in their own interests. 
State organizations
Control guardianship authorities It is the responsibility of the local administration. The most important issues are decided directly by the head of the district, city apparatus at the place of residence of an incompetent citizen or the location of the institution (person) providing care for him. The head of the administration approves custody of a person on the basis of a court ruling. An appropriate order is issued about this.The decree of the guardianship and trusteeship bodies cannot be considered as the basis for establishing the responsibility of one person for another. This institution is endowed with slightly different powers.
System position
The guardianship authority of the Russian Federation acts as a structural unit of the local administrative apparatus. In turn, there are different elements in it. Each unit carries out certain activities. So, for example, there is a department of guardianship and trusteeship in public education. He deals with the problems of training people recognized as partially competent due to mental disorders. There are also health departments, social protection and so on.
Activities
The tasks of the guardianship and trusteeship bodies are directly related to improving the quality of life of people recognized as partially or completely incompetent. So, this institution selects people who can be entrusted with caring for a sick person, and supervise their activities subsequently. In addition, the tasks of the guardianship and trusteeship bodies include examining complaints of unlawful actions against incompetent citizens, taking appropriate measures to detect circumstances that could adversely affect the state of health of a person who needs care. Through this institution, the state provides care for citizens who have partially or completely lost their legal capacity for one reason or another. 
Property issue
It is regulated by Art. 37 Civil Code. Clause 2 provides for the condition under which a person caring for a partially or completely incompetent citizen is not entitled to make or agree to transactions related to alienation, including donating or exchanging property, renting it out, using it for free, pledge. Any actions that may result in the waiver of ownership rights of the ward are not allowed. The law also does not allow transactions involving the division of property or the separation from it of a share and other acts, as a result of which the volume of property may decrease. But all the above actions can be carried out only if the guardianship and trusteeship body has given their consent.
Legal basis of activity
In accordance with Art. 34 of the Civil Code, guardianship and trusteeship bodies are subdivisions of the local administration. The law contains a provision that determines the nature of the activities of this institution. In particular, the functions of the guardianship and trusteeship bodies include monitoring the behavior of persons caring for sick people.
Limitations
From the above provisions, certain conclusions follow. Thus, the functions of guardianship and trusteeship bodies are limited only by control over the activities of people providing care for legally incompetent persons, and do not have their own regulatory mechanism. In addition, they do not apply to the behavior of other persons, especially to participants in any contractual relationship. This conclusion is based on the relevant provisions of the Civil Code. In particular, in Art. 153 it was established that a contract is considered a transaction, an action that is aimed at mutually changing, terminating or establishing obligations and rights of participants in legal relations. By issuing such "permission", the guardianship authority does not act and cannot act as an independent party to this transaction. This is due to the lack of his own interest in relation to the object of the contract. 
Interests and rights of minors
This area also has its limitations. So, experts of guardianship and guardianship bodies cannot act as a defender of the rights and interests of a minor. This role is assigned to the parents or directly to those persons on whom he is dependent.And only in the absence of them does the representative of the guardianship and trusteeship body carry out this activity. The conclusion of the contract implies a special relationship. In it, on the one hand, there is a guardianship and trusteeship authority, and on the other, a parent or citizen who provides direct care and maintenance for a minor. The competence of the first is limited only to a supervisory role. The guardianship authority in transactions on behalf of minors ensures control over the legality of the actions of the person who is dependent on a minor. This role does not apply to other participants in legal relations related to them (registrars, notaries, and so on).
The legal position of a “permit” for the transaction, which is given by the bodies of social guardianship and guardianship, must be considered as fulfilling the role of protecting civil law in an administrative order. In the legislation, this circumstance is expressed in the form of “other method provided for by the norms”. A definite confirmation of this is the opportunity to appeal the refusal to issue such a permit in court proceedings. It is established by article 225 of the Civil Code.
In this case, the refusal is considered a decision that impedes the exercise of civil liberties and rights. However, by its nature, administrative protection cannot entrust anyone with responsibilities. It can be expressed as sanctions as one of the methods of protecting civil law. Based on this fact, it can be concluded that the failure to fulfill or the fulfillment by the trustee or guardian of the conditions established by the local administrative body and reflected in the corresponding “permit” is not in itself considered an essential circumstance of the contract. It cannot affect the illegality or legality of the transaction. In this case, the actions of the guardianship authority and the guardianship are limited in their content to two options: allow or prohibit the transaction. At the same time, there are no additional conditions that would impose obligations on third parties or would prevent them from exercising their rights. 
Property damage
If, through his actions, the trustee, guardian or parent damages the property of the minor or restricts his rights in any other way, the authorized body may appeal this fact in court, in accordance with the existing regulations. The main condition for starting the proceedings is the availability of evidence of a violation. When appealing against unlawful actions, it is necessary to remember the observance of the limitation period. The notary or registrar is obliged to inform the buyer about the fact of violation and to warn about the likely consequences of fraudulent behavior of the seller. This circumstance should be reflected in the relevant clause of the contract.
Range of duties
The rules governing the activities of guardianship and trusteeship bodies constitute a comprehensive legal institution. The leading place in it is occupied by civil acts. In turn, their actions are ensured by sectoral administrative rules and regulations. Based on Art. 31 we can conclude that the main task of the trustees and guardians is the commission of such legal activities in favor of their wards, which could make up for the lack of legal capacity. In other words, legislation considers these actions as a form of legal
assistance aimed at individuals in need. Along with this, further defining the scope of duties of trustees and guardians, the Civil Code slightly changes the approach to the appointment of these persons, imposing virtually all the burden of caring for an incapable person on them.This, in particular, includes food, medical care, education (for minors), and maintenance. This burden is also increased by the provision on compensation for damage that wards may cause. They are enshrined in Art. 1076, 1074, 1073 Civil Code. This kind of status allows calling guardianship and guardianship a special form of citizenship.
Clarification of the concept
In reality, when establishing guardianship and guardianship, it is precisely these relationships that are described above. In this regard, it is appropriate to use the term “device”. Actually, this concept is used in the current Family Code. In particular, it can be found in Art. 123, the provisions of which establish different ways to determine the fate of minors left without parents.
The term "device" can be considered in the general sense as fixing an individual obliged to carry out certain actions to an incapable citizen. In practical terms, this definition also means the placement of wards and guardians (trustees) in one living area. Usually the legally incapacitated person is indoors at the caregiver, and not vice versa. As practice shows, the proper fulfillment of the duties of a trustee or guardian is ensured by living together with those in need of care. 
The essence of the device of incompetent persons
Through the body of guardianship and guardianship, the legislator fulfills the task of determining the fate of a person who is partially or completely limited in capabilities. This is achieved by shifting the burden of basic concerns from government agencies to a specific individual. This method is not new. However, this method has several advantages, due to which it is considered quite justified in the conditions of modern society, a stable economic system, and the provision of the population with a minimum amount of certain material goods. This method combines all the positive aspects of interpersonal communication, full education (for minors), and the preservation of physical and mental health.
The actual situation in Russia
In the Russian Federation in modern conditions, it becomes obvious that in the framework of the gratuitous fulfillment of their duties by the trustees and guardians, the state actually exploits their very specific interest. In most cases, however, this need is within the framework of the law and is not of a property nature. This, in particular, is about satisfying the need for communication, caring for a person, providing support to a relative, fulfilling filial (paternal) duty.
Psychological aspect
According to experts, people have a rather acute need for unification. Due to the existence of time-tested, close interpersonal relationships, the vitality of groups and individuals in society is significantly improved. Despite everything, modern domestic society is based on the institution of the family.
The role of law and society
The need to provide neighbor with care should be cultivated in society, encouraged by all existing means. Undoubtedly, it should be exploited, but exclusively within the framework of the law. This means that it is necessary to find optimal ways to support citizens who have decided to take responsibility for another person - a disabled person or a child, to realize them, thus stimulating other citizens to similar behavior. Along with this, supervision and verification of guardianship and trusteeship bodies, as well as of individuals who are individually responsible for caring for incapable persons, should be provided. Only in this way can the proper observance of the freedoms and rights of people in need be guaranteed. 
Basic principles
Analyzing the current situation, we can understand that the legislation requires certain changes.However, adjustments to the content of the norms on guardianship and trusteeship should be carried out in accordance with the principle of priority of the individual, his interests and rights. This, in turn, is caused not only by raising a person to the rank of the highest value, into the category of the fundamental principles of society. This is also connected with an exclusively opportunistic task, which stands in modern conditions. It consists in the preservation of each citizen as a socially useful element - a potential parent, taxpayer, and so on.
