The equally recognition of the legal capacity for all the persons was developed through a lot of international instruments to which our country is party, such as Art. 6 of the Universal Declaration of Human Rights, adopted by the UN General Assembly on 10.12.1948 at the Palace de Chaillot, Paris, proclaims that „Everyone has the right to recognition everywhere as a person before the law”. Art. 26 of the International Covenant on Civil and Political Rights, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16.12.1966, states that „All persons are equal before the law and are entitled without any discrimination to the equal protection of the law” etc. RM ratified all of those international acts, but some important steps on this field were not done. Also, our Constitution [1] requires the priority of the international regulations as against national regulations, but our internal judicial practice goes on another road.  The Moldavian Civil Code, No. 1107, 06.06.2002 and the Code of Civil Procedure, No. 225, 30.05.2003 similar to many legislations from other countries, for example Russia, Ukraine, Romania, Bulgaria, regulate the possibility to declare the judicial incapacity for the persons with disabilities in base of the judicial act. Guardianship, as provided and applied under the Civil Code, was recognized as a form of protection for preventing different of the rights abuse. This form of protection removes a person’s legal personhood and places it with another person or institution (the guardian). A person declared incapable by a court procedure is deprived of the possibility to engage in even basic socio-legal relationships [2]. These arrangements are directed to policies and practices of excluding the persons with mental and intellectual disabilities from society. The opposite of these positions was established by the entry into force in 2007 of the Convention on the Rights of Persons with Disabilities (hereinafter called CRPD). The CRPD is an international human rights treaty adopted by the UN General Assembly on 13th December 2006 and came into force on 3rd May 2008 following ratification by the 20th State Party [3]. The EU signed the CRPD at 30 March 2007 [4], on that date the convention was opened for signing. As a result of Law No. 166-XVIII of 09.07.2010, the Republic of Moldova ratified the CRPD. The CRPD requires the states which ratified it to assure that the persons with disabilities can freely and fully exercise their right, in equal conditions with all the persons. That means that all the countries that have ratified the Convention should review the laws allowing for guardianship and trusteeship, and take action to develop laws and policies to replace regimes of substitute decision-making by supported decision-making, which respects the person’s autonomy, will and preferences. Supported decision making is a system of measures aimed at ensuring that the person grasps the information, assimilate it, makes the decision and communicate it [5]. Regimes of substitute decision-making can take many different forms, including plenary guardianship, judicial interdiction, and partial guardianship. Art. 12 of the CRPD, produces a total change of the paradigm of internal regulations on legal capacity, the impact of the relevant provisions of the need for legal capacity to become more inclusive and tolerant of human diversity and flexible to the needs. According to Art. 12, the essence of legal capacity does not merge with the concept or assessment of the mental capacity of a person, but rather the essence of legal capacity results from the quality of being a person and subject of law and regulations need to be concerned about what kind of support requires the person to exercise legal capacity. There are no regulations in force to determine the limits of rights’ substitution of the person declared incapable with the guardians. On this condition, we can consider that we are in the presence of full personality’s substitutions. Recognizing the right to legal capacity to all persons through legislative changes will alter societal perceptions of persons with disabilities. They will become subjects as opposed to objects to be dealt with. Paragraph 1 of CRPD, emphases the importance of recognizing juridical personality for all the persons with disabilities [6], regardless of the deficiency’s severity. Most of all, High Commissionaire for Human Rights in the Council of Europe recommends that all the mechanisms which regulate the possibility of declaring the incapacity of person and guardianship should be canceled and should recognize the juridical capacity to all the persons with disabilities. The disability shouldn’t be a reason for lacking them of the presumption of juridical capacity [7]. M. Bach remarks that related to CRPD, any appreciation of a persons’ incapacity shouldn’t be based on the persons’ statute (the disability existence) or how much reasonable are the persons’ actions, but there should be recognized the persons’ independence in the process of deciding. He considers that the capacity of decision-making is constituted of three components: a) the ability of decision making- the person understands the relevant information and can appreciate the nature and the consequences of his/her decision; b) the necessary support in the process of making decisions; c) the reasonable adaptation from third parties in the process of decision making. M. Bach propose that in the process of appreciating the capacity of making decision, the level of support in exercising legal capacity should be evaluated [8]. Recognizing that three constituents for the capacity of decision making, that process represents a very important step for the transition from substitutive decision making process to the support decision making. The recommendations of the EU Commissioner for Human Rights highlight the need to make procedures more affordable end of legal documents for people with disabilities. Moreover, it emphasizes the opportunity to develop an adequate and effective support for the free exercise of legal capacity by them. In accordance with the recommendations in national legal systems must provide people the necessary conditions for free exercise of legal capacity, including to recognize the right of individuals to seek support from others in their decision making, and communicating these decisions, this support must be differentiated adapted and fully meet the needs of the individual, but not in a form not actually missing person entitled to exercise such rights.“Research of this article was supported in part by Open Society Foundation (OSF). The opinions expressed herein are the author’s own and do not express the views of OSF”