Civil procedural law. Recognition of a citizen as having limited legal capacity or incapacity (the most important)

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Civil procedural law. Recognition of a citizen as having limited legal capacity or incapacity (the most important)

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57. RECOGNIZING A CITIZEN AS LIMITEDLY CAPABLE OR INcapacitated

Civil capacity - the ability of a citizen by his actions to acquire and exercise civil rights, create civic obligations for himself and fulfill them. It occurs in full with the onset of adulthood, that is, upon reaching the age of 18.

The legal capacity of a citizen can only be limited by a court.

A citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may be declared legally incompetent by a court.

The legal capacity of a citizen is limited by a court decision if he abuses alcohol or drugs and, as a result, puts his family in a difficult financial situation.

Consequence of incapacitation It is expressed in the deprivation by the court of a citizen of the right to make any transactions, except for small household ones, without the consent of the trustee. The trustee receives the right to directly receive wages, pensions and other types of income, i.e., guardianship is established over a citizen with limited legal capacity.

The consequence of declaring a citizen incompetent is the establishment of guardianship over him and the performance of all transactions on his behalf by the guardian.

The law establishes an exhaustive list of persons and organizations that have the right to apply to the court with an appropriate application.

A case of restricting a citizen’s legal capacity can be initiated on the basis of an application from members of his family, a guardianship and trusteeship authority, a psychiatric or psychoneurological institution.

The spouse, adult children, parents, other close relatives (brothers, sisters), disabled dependents living with him and leading a common household, as well as competent state bodies have the right to apply for recognition of a citizen as incapacitated due to a mental disorder.

The application for the restriction of the legal capacity of a citizen must set outThere are circumstances that indicate that a citizen who abuses alcohol or drugs puts his family in a difficult financial situation.

An application for declaring a citizen incompetent must contain circumstances indicating that a citizen has a mental disorder, as a result of which he cannot understand the meaning of his actions or control them.

The judge, in order to prepare for the trial of a case on recognizing a citizen as incompetent, in the presence of sufficient data on the mental disorder of the citizen, appoints to determine his mental state forensic psychiatric examination.

After that, all the materials of the case are examined and a decision is made on the basis of this.

The decision of the court, by which a citizen is limited in legal capacity, is the basis for the appointment of a trustee by the body of guardianship and guardianship. The decision of the court, by which the citizen is declared incompetent, is the basis for the appointment of a guardian by the body of guardianship and guardianship.

Author: Gatin A.M.

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