Conditions and procedure for limiting the legal capacity of a citizen. Limitation of legal capacity: conditions, grounds, algorithm of actions when going to court. Restrictions for legal entities

Civil capacity is the ability to have civil rights and bear responsibilities.

Legal capacity of a citizen occurs at birth and ends at death(Article 17 Part 1 of the Civil Code of the Russian Federation).

Subjectivity of rights and obligations

A citizen can renounce his subjective right, but cannot renounce his legal capacity.

The ability to have civil rights must be distinguished from the possession of those rights. Legal capacity is only a general prerequisite for the emergence of subjective rights and obligations. The presence of legal capacity only means that a person may have certain civil rights, for example, to a car, but this does not mean that this person is this moment has a car. The right of ownership as a subjective right arises in a citizen as a result of certain legally significant actions (), for example, as a result of concluding a contract for the sale of a car. Before purchasing a car, a citizen had only civil legal capacity, i.e., the opportunity to have civil rights and bear responsibilities, and after purchasing it, this opportunity turned into reality and he became the owner of a subjective civil right - the right of ownership of a car.

Scope of legal capacity is the same for all citizens. Each citizen can have the same rights as any other (general legal capacity). An approximate list of civil rights that may belong to individual citizens is contained in Art. 18 Part 1 of the Civil Code of the Russian Federation.

Citizens can:

• have property on the right of ownership;
• inherit and bequeath property;
• engage in business and any other activity not prohibited by law;
• create legal entities;
• make any transactions that do not contradict the law;
• choose a place of residence;
• have the rights of the author of works of science, literature and art;
• have other property and personal non-property rights.

Civil capacity

To be a full participant in civil law relations, a citizen must also have legal capacity.

Capacity- this is the ability of a citizen, through his actions, to acquire and exercise civil rights and create civil responsibilities for himself and fulfill them (Article 21, Part 1 of the Civil Code of the Russian Federation).

The possibility of performing actions as a result of which a citizen acquires or terminates certain rights or obligations depends both on the citizen’s age and on his state of health, as a result of which Unlike legal capacity, the legal capacity of individual citizens may not be the same.

Based on the scope of their legal capacity, citizens are divided into four groups:

• fully capable;
• partially capable;
• persons with limited legal capacity;
• incompetent.

Full legal capacity

Fully capable citizens- these are citizens who have reached the age of 18 (adult citizens) - Art. 21 Part 1 of the Civil Code of the Russian Federation.

In some cases, full legal capacity occurs before the age of 18, namely:

When the law allows marriage before the age of 18, a citizen who has not reached this age acquires full legal capacity from the time of marriage.

Reducing the marriageable age below 16 years is possible only in those regions of the Russian Federation where marriage is permitted up to the age of sixteen. The legal capacity acquired as a result of marriage is retained in full even in the event of divorce before reaching the age of eighteen. If the barque is declared invalid (for example, a fictitious marriage), the court may decide that the minor spouse loses full legal capacity from the moment determined by the court.

Another basis for acquiring full legal capacity is emancipation.

Emancipation- declaring a minor who has reached the age of 16 fully capable by decision of the guardianship and trusteeship authority - with the consent of both parents, adoptive parents or trustee, or in the absence of such consent - by a court decision.

The grounds for emancipation are work under an employment contract or occupation entrepreneurial activity.

Full civil capacity allows citizens to independently acquire any civil rights, as well as assume and perform any civil responsibilities.

Partial capacity

Partially competent It is customary to call citizens under 18 years of age, i.e., minors.

Minors, by their actions, i.e. independently, can acquire not all, but only a certain range of civil rights. They have the right to acquire other rights only with the consent of parents, adoptive parents or trustees, or only through transactions made on their behalf by parents, adoptive parents or guardians. It depends on the age of the minor.

For minors, under 14 years of age(minors), transactions can be made on their behalf only by their parents, adoptive parents or guardians. But minors aged 6 to 14 years have the right to independently:

• small household transactions;
• transactions aimed at receiving a benefit (gift) free of charge, which do not require notarization or state registration;
• transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

Minors aged from 14 to 18 years old has the right to make transactions themselves. However, this requires the written consent of parents, adoptive parents or trustees (Article 26, Part 1 of the Civil Code of the Russian Federation). IN otherwise a transaction made by a minor aged 15 to 18 years without the consent of parents, adoptive parents or trustees may be declared invalid by the court (Article 175, Part 1 of the Civil Code of the Russian Federation). At the same time, minors aged 14 to 18 years can make a number of transactions on their own. These include:

• small household transactions;
• transactions for the disposal of your earnings, scholarships and other income;
• exercise of the rights of the author of a work of science, literature and art, invention and the like;
• making deposits in credit institutions and managing them.

Limited capacity

Limitation of legal capacity citizens are not allowed, except in cases expressly provided by law. One of such cases is the restriction by the court of the legal capacity of citizens who abuse alcoholic beverages or drugs (Article 30, Part 1 of the Civil Code of the Russian Federation).

In case of restriction of the legal capacity of a citizen over him guardianship is established, and he can make transactions to dispose of property, as well as receive, pension or other types of income and dispose of them only with the consent of the trustee, otherwise it may be declared invalid by the court.

However, such a citizen independently bears property liability for the transactions he has made and for the damage he has caused.

Incapacity

Incapacitated by a court decision, citizens are recognized who, due to a mental disorder, cannot understand the meaning of their actions or control them (Article 29, Part 1 of the Civil Code of the Russian Federation).

An assessment of a citizen’s health is given not by a court, but by a forensic psychiatric examination. But only a court has the right to declare a citizen incompetent. Guardianship is established over a citizen declared incompetent. Recognition of a citizen as incompetent means that he does not have the right to acquire and exercise civil rights and obligations through his actions. On behalf of the incapacitated person, the transaction is made by his guardian. Responsibility for harm caused by a citizen declared incompetent is borne by his guardian or organization obligated to supervise him.

When faced with legal issues, unfortunately, not every citizen can react to them correctly and take the right actions. As a rule, this is due to a lack of necessary knowledge in this area. Therefore, it is important sometimes to pay some attention to independently finding answers to the legal questions that interest you. You shouldn’t wait for this to happen when there is an urgent need. After all, decisions often have to be made immediately, and if the necessary knowledge is not there, then it is almost impossible to do it correctly.

In this article we will look at what legal capacity is. Why is it important to understand this issue? When does a citizen's legal capacity arise? Can it be limited? How is legal capacity related to legal capacity? What is important for citizens and legal entities to know about this? You will receive detailed answers to these questions by reading this article.

Legal capacity of a citizen

This phenomenon occurs immediately at the birth of a person, and can be stopped, as a rule, at the time of his death. Thus, the subjects of legal capacity are all people. No citizen has the right to refuse it.

What is legal capacity? It represents the basis for the acquisition of subjective rights and obligations. This means that a certain person has the opportunity to have some civil rights, but this in itself does not guarantee their existence.

The limitation of legal capacity is discussed in Art. 22 of the Civil Code of the Russian Federation. Interestingly, its volume is the same for absolutely all citizens. Thus, from birth, everyone can receive the same rights as any other person. Among the fundamental rights that general and special legal capacity provides to a person are the following:

• become heirs of any property or bequeath it;
• choose your own place to live;
• own property;
• create legal entities on their own initiative;
• enjoy copyright;
• make transactions that are within the law;
• engage in lawful professional activities;
• become an entrepreneur;
• have other rights.

This must be taken into account when considering this topic.

Capacity

Legal capacity is also necessary for a person to become a full participant in legal relations between citizens. Its presence and completeness depend to a large extent on the age of the person, as well as on the state of his physical and psychological health.

Capacity is divided into four full categories:

• incompetent;
• partially capable;
• fully capable;
• limited capacity.

Full

All individuals who have reached the age of majority and are mentally healthy are recognized as fully capable. Sometimes this can happen at an earlier age. We are talking about the following cases:

• Marriage by minors. The law allows, in some cases, persons who have not yet reached the age of eighteen to marry. In this case, they buy absolute legal capacity from the date indicated in the certificate issued to the couple. In some parts Russian Federation Local legislation allows for the possibility of marriage for those under sixteen years of age. Such spouses also acquire legal capacity. Moreover, it will be preserved even if the marriage in question is dissolved by them before both or one spouse reaches eighteen years of age. And only if the marriage is declared invalid by the court, then minor spouses may lose their legal capacity.
• Emancipation. Also a good reason to acquire full legal capacity. It represents the fact of declaring a minor, who, however, has already reached sixteen years of age, as one who has acquired full legal capacity with the consent of both parents or guardians. Sometimes the court can provide such a decision on its own. In what cases is emancipation announced? If a minor is engaged in entrepreneurial activity or is employed under an employment contract.

After all, it is full legal capacity that makes it possible to acquire civil rights on one’s own. However, the situation is similar with civil responsibilities.

Partial

As a rule, experts call minors partially capable, that is, those who have not yet reached the age of eighteen. How does this translate in practice? Civil human rights may not be fully acquired by minors on their own. A number of such rights can be granted to them only with the consent of their parents or through the conclusion of transactions by the parents on behalf of these minors. Specific situations depend, in particular, on the age of the particular minor.

Minors are also recognized as partially capable (children aged from six to fourteen years are called minors). They cannot enter into any transactions, only their parents can do so on their behalf.

Nevertheless, even minors are able to make certain decisions. We are talking about the following cases:

• receiving or giving gifts, unless this requires state registration or notarization;
• concluding small household transactions;
• the ability to manage the funds provided to them.

Minors who are between the ages of fourteen and eighteen years, unlike others, can independently enter into various transactions if they have parental consent. If this does not happen, then such a transaction may be declared invalid by the court. But minors can make some decisions on their own. Among them are the following:

• opportunity to deposit funds into credit organizations and dispose of them freely;
• carrying out small household transactions;
• exercise of copyright;
• the ability to independently manage your income.

Limited

The inadmissibility of deprivation and limitation of legal capacity and capacity is enshrined in law. However, there are certain exceptions that the law also provides for. For example, experts consider one of these cases to be a situation where a court has legally limited the legal capacity of an individual who, for example, abuses drugs or alcohol.

If this happens, then this citizen needs permanent guardianship, which is established over him directly by the court. He is able to independently manage his property, make various types of transactions, and receive income different types(be it a pension, salary or any other), however, only after coordinating your actions with the trustee.

At the same time, such a person bears full responsibility for the consequences of concluded transactions or damage caused.

Incapacity

Considering the legal capacity and capacity of individuals and legal entities, it is necessary to pay attention to the concept of incapacity. What is she?

So, incapacitated citizens are those individuals who, due to the development of any mental disorder, do not have the physical ability to make decisions independently, understand the meaning and consequences of their own actions, and also manage them.

Who can give an appropriate assessment of the condition of such a person? It is not the court that is responsible for this, but a specialized forensic psychiatric examination. But it is the court that must make the final conclusion about incapacity. Such a citizen needs constant care. The fact that someone is declared incompetent means that the citizen cannot, through his actions, in any way receive or exercise his civil duties and rights. Can such a person make any transactions? His legal guardian does this on his behalf. If the incapacitated person has caused any harm to himself, others or property, his guardian (whether individual or organization).

Limitation of legal capacity

Limitation of a citizen’s legal capacity, as well as his legal capacity, is also provided for by law in a number of cases. As for legal entities, in in this case it is rather about the possibility of limiting their rights. This is regulated by the following articles of law: Art. 22 of the Civil Code of the Russian Federation for individuals and Art. 49 of the Civil Code of the Russian Federation for legal entities. This equally applies to the capacity of organizations.

When describing the limitation of a citizen’s legal capacity and his legal capacity, attention should be paid to several nuances. Among them are the following:

• legal capacity cannot be terminated voluntarily; this procedure is carried out only in a forced manner;
• the possibility of limiting legal capacity exists only if the latter is shared with legal capacity, which does not cease;
• limitation of legal capacity does not imply an obligation to refrain from certain actions;
• if the legal capacity of the subject is limited, his rights continue to be exercised, while responsibilities are assumed by those bodies or persons who still have the right to make decisions independently.

Restrictions for legal entities

Limitation of the legal capacity of a citizen or legal entity may be expressed in the need to obtain the consent of another person to exercise certain rights. This is relevant for both individuals and legal entities. After all, the limitation of legal capacity and capacity, in essence, is the inability to independently choose one’s actions and the need to transfer the performance of one’s duties to third parties. There are also frequent situations when such legal entities are forced to fulfill the duties assigned to them and realize the rights guaranteed to them through the actions of third parties or special bodies that are determined and provided by the state precisely for these purposes, regardless of how exactly they would like to dispose of their rights in this situation a legal entity.

How can this be implemented in practice? For example, sometimes taxation has to be done with the help of third-party agents. This is provided for by the Civil Code of the Russian Federation. In this case, funds for paying taxes are withdrawn from the taxpayer’s account, but the actual procedure for paying them is carried out directly by the agents. Why? Because the responsibility for timely payment of taxes lies with them. This means that if any violations are discovered, it is the agents who will have to be punished and pay compensation.

It is important to understand that even in the case of legal entities there are grounds for a complete separation of legal capacity and legal capacity, although some experts insist that they should not be separated. For example, the inability to independently make management and any other decisions by an enterprise invariably leads to the inability to independently implement business relationships with third parties, which, in essence, is a limitation of legal capacity. Such a restriction is considered to be in effect from the moment the head of the enterprise ceases to have management powers and transfers them to another, external manager. Such a replacement, as a rule, is forced and does not take into account the opinion of the legal entity.

Ways to limit the competence of a legal entity

There are several alternative methods to limit the exercise of the rights of a legal entity. Among them are the following:

1. Complete cessation of the activities of organizations, without providing for the subsequent restoration of the powers of such organizations. One of the methods in this case is the suspension of the enterprise’s license or its absolute revocation. This implies that such an organization must be liquidated within a certain time.

2. The activity of the enterprise is terminated in order to have the opportunity to be resumed in the future.

3. Temporary limitation of the organization’s powers. Implies the introduction of a temporary administration. That is, the management bodies of the enterprise have the right to make decisions, but only with the official permission of the latter. This applies to the following cases:

• when transactions are related to decisions about the real estate of the enterprise;
• transactions are carried out with interested parties;
• disposal of any movable property of the organization.

Conclusion

After reading this article, it seems that it has become clear what a limitation of a citizen’s legal capacity is and in what cases it is possible. As you can see, it is not difficult to understand this issue. It only takes a little effort. The concept and content of legal capacity were considered. As well as its connection with legal capacity and the implementation of basic civil rights. Remember that legal capacity may be limited if the court found sufficiently serious prerequisites for this. In all other cases, a citizen has a guaranteed right to exercise his civil rights and fulfill the duties assigned to him independently, without the involvement of third parties.

Gaining some knowledge of legal matters will help you protect yourself legally if the need arises.

These are processes that are not so rare in Russia. In this case, actions entail certain negative consequences. For example, a person’s rights are partially taken away. That is, he will no longer be able to make decisions on his own, either completely or partially. This should be taken into account. What do you need to know about limiting legal capacity, as well as declaring a person completely incompetent?

In law

In fact, don't be intimidated by the previously mentioned terms. Yes, these concepts can seriously ruin an adult’s life. But at the same time, each of us, willingly or unwillingly, is familiar with them.

After all, according to the law, all children are initially incapacitated - parents or legal representatives are fully responsible for their actions. With age, partial legal capacity comes, then, by the age of 18, full capacity. A person is able to manage his own life and bear responsibility for his actions.

In fact, restricting legal capacity is transferring him to the state of a “child”.

Consequences

In our country, complete cessation of legal capacity was previously considered. In other words, a citizen in one case or another was given the status of incompetent. But in 2015 Russian legislation certain changes have occurred. And now many may only be partially limited in their rights.

What does this affect? What are the consequences of restricting legal capacity (declaring a citizen incompetent)? The consequences depend on what kind of status a person receives during recognition. Complete incapacity is the inability to perform any legally significant actions. For example, a person will not have rights to dispose of his pension. All transactions for the incapacitated person are carried out by the legal representative or guardian.

Disability has less negative consequences. This is only a partial imposition of prohibitions on legal transactions. Most often, such acts are permitted after the approval of a legal representative. At the same time, simple household operations can be performed without additional permissions.

Who can be recognized

Limitation of legal capacity, recognition of a citizen as incompetent are actions that are implemented only in relation to certain individuals. For example, these measures in Russia are not applied to minors. They, as already mentioned, are initially incapacitated and partially limited in their rights.

Any adult under certain circumstances has the right to be recognized as partially or completely incompetent. In other words, this measure applies exclusively to adults. It doesn’t matter what age you are - young or retired.

Reasons for recognition

What is needed for a citizen to be declared incompetent? At the moment in Russia there are only 2 real reasons that help bring the idea to life:

• a citizen is not able to realize his actions and cannot control them;
• the person has some kind of mental illness.

In practice, everything previously said can be understood as the inadequacy and danger of a citizen for others. Old people can also be recognized as incompetent or limited in their rights, due to their age, or more precisely, their state of health. If the disease is not too serious, then one can only hope to limit legal capacity.

Partial capacity

Accordingly, it is not always the case that a person’s legal rights are completely taken away if there are any deviations from the norm. Sometimes there is partial capacity. With it, as already mentioned, a person is able to make some transactions without the approval of a legal representative.

It is clear what recognition is incompetent citizen. The reasons for this have been listed. What about limited legal capacity? Here, as a rule, only 2 conditions also apply:

• presence of a mental disorder (not serious);
• the ability of a person to realize and control his actions with outside help.

As a rule, partial capacity is observed among the elderly and disabled. If a person’s rights are limited, this does not mean that the citizen is inadequate.

Who can apply for recognition

Recognizing a person as having limited legal capacity and incompetence is not such a simple process. Not everyone can contact the relevant authorities with a request to restrict human rights.

There is a generally accepted list of persons and organizations that have the authority to commit this act. What do you need to know about applicants who have the right to write a statement according to which a restriction of a citizen’s legal capacity will be accepted (recognizing a citizen as incompetent)? So, people can ask for help:

• spouses;
• people living with this person;
• brothers and sisters;
• parents;
• adult children (or emancipated);
• guardianship services;
• psychiatric medical institutions;
• places of permanent residence of disabled people.

They are the ones who have the right to apply for recognition of a relative or ordinary citizen as incompetent or partially limited in rights. No one can simply accuse a citizen of inadequacy. Also, this list sometimes includes those who have already suffered from inappropriate human actions.

Factors of influence

What is the procedure for declaring a citizen incompetent? Restriction of rights is a serious step, and complete lack of legal capacity is considered an extreme measure of punishment for a person. Therefore, each situation is considered separately. What do the authorities to which they applied with the relevant application pay attention to?

There are several factors, and among them the following points stand out:

• presence of mental disorders or mental illnesses;
• the connection between the actions of a citizen and the impact of the disease on behavior;
• any factors that can confirm or refute a person’s ability to be responsible for his own actions;
• reaching a certain age when a citizen is usually declared incompetent;
• other components that could influence the decision (for example, witness testimony).

In fact, to recognize a person as inadequate requires quite a serious effort. After all, if this is not so, then no one will completely take away the rights of a citizen or limit them.

Where to contact

How is a citizen declared incompetent? The reasons why you can contact the appropriate organization are already known. But what else should citizens know about the process being studied?

The previously listed persons have the right to apply to the so-called forensic medical examination. According to its decision, the person is declared incompetent or partially capable. Initially, you will need to file a corresponding claim with the district court at your place of residence. Or to the judicial authorities at the location of the psychiatric hospital in which the potential incapacitated person is located. This is the only way to achieve success.

How is a citizen’s legal capacity limited/recognized as incompetent? The procedure is simple. It is enough to go to court. A is the main point in the whole process. You can’t do without it, even if inappropriate behavior is noticeable to the naked eye.

What will be required in court

How is legal capacity limited and a citizen declared incompetent? The grounds, order, consequences and persons who can bring the idea to life have already been presented to your attention. In fact, a simple lawsuit is not enough. You'll have to prepare in advance.

What can be required from the plaintiff? Of course, evidence that could indicate a failure to assess the situation. Such documents usually include:

• conclusions of a medical examination (possibly pre-trial first);
• certificates from medical institutions about the citizen’s health status;
• documents indicating the person’s registration in a psychiatric hospital;
• papers that confirm a person’s inability to adequately evaluate his actions: witness statements, materials from investigative bodies, conclusions of various organizations.

Also, if a person poses a danger to others and has beaten or injured someone, you must bring to court the relevant documents that confirm this. Typically, medical certificates play a major role in making the final decision.

How does the trial work?

A restriction is a process that follows a certain algorithm. Citizens participating in court must go through the following stages:

• collection of evidence of the defendant’s inadequacy;
• filing a claim (the applicant’s identity card, his SNILS and evidence will be required);
• the plaintiff's speech;
• giving the floor to the prosecutor and the guardianship authority (they must be present);
• testimony of the defendant justifying his behavior;
• reading out medical indications and conclusions provided to certain authorities;
• listening to witnesses;
• clarifications issued medical certificates about the condition of the defendant by a doctor (if he was invited, not necessary, but desirable);
• making a decision on restriction or deprivation of legal capacity.

In reality the process is extremely difficult. It is not always possible to recognize a person as incompetent. Sometimes during a court hearing it turns out that a citizen deliberately tried to cover up his actions with inappropriate behavior.

After the trial

Now it is clear what it means to be recognized as having limited legal capacity or incompetent in general. As soon as the court makes the appropriate decision, the countdown will begin - 1 month. Over the next 30 days, starting from the moment the judicial opinion is issued, the citizen has the right to appeal it to higher authorities.

After the specified period, the person is recognized as incompetent or partially capable. over the citizen is established by the relevant authorities, and guardians must be appointed within 3 months. Until this happens, the guardianship authorities are responsible for those who have limited rights or are completely incompetent.

This is how a citizen’s legal capacity is limited. Declaring a citizen incompetent is a responsible matter that requires serious action.

Have legal capacity- means having the ability to personally perform various legal actions: enter into contracts, issue powers of attorney, etc., as well as be responsible for property damage caused (damage or destruction of someone else’s property, damage to health, etc.), for failure to fulfill contractual and other obligations .

Thus, legal capacity primarily means:

1. 1. ability to carry out transactions (transaction capacity) and
   2. the ability to bear responsibility for unlawful actions (tort).

Legal capacity, like legal capacity, cannot be considered as a natural property of a person, they are provided to citizens by law and are legal categories. Therefore, with regard to legal capacity, the law establishes its inalienability and the impossibility of limitation at the will of the citizen. As for the possibility of forced limitation of legal capacity, according to paragraph 1 of Art. 22 of the Civil Code, no one can be limited in legal capacity except in cases and in the manner established by law. An example is the norm of Art. 30 of the Civil Code, which provides for the limitation of legal capacity of citizens who abuse alcoholic beverages or narcotic substances.

Legal capacity, like legal capacity, by legal nature - subjective right of a citizen. This right differs from other subjective rights in its content: it means the possibility of certain behavior for the citizen himself who has legal capacity, and at the same time, this right corresponds to the obligation of all those around the citizen to prevent its violations.

The content of the legal capacity of citizens as a subjective right:

• • the ability of a citizen, through his actions, to acquire civil rights and create civic responsibilities for himself;
  • the ability to independently exercise civil rights and perform duties;
  • ability be responsible for civil offenses.

The content of the legal capacity of citizens is closely related to the content of their legal capacity. If the content of legal capacity consists of the rights and obligations that an individual may have, then the content of legal capacity is characterized by the person’s ability to acquire and exercise these rights and obligations through his own actions. Therefore, legal capacity is the opportunity granted to a citizen by law to exercise his legal capacity through his own actions.

Types of legal capacity of citizens

Unlike legal capacity, which is equally recognized for all citizens, the legal capacity of citizens cannot be the same. In order to acquire rights and exercise them through one’s own actions, to assume and fulfill responsibilities, one must reason intelligently, understand the meaning of the rules of law, be aware of the consequences of one’s actions, and have life experience. These qualities vary significantly depending on the age of citizens and their mental health.

Taking into account these and other factors, the law distinguishes several types of legal capacity:

• • full legal capacity;
  • partial legal capacity of minors aged 14 to 18 years;
  • partial legal capacity of minors aged 6 to 14 years;
  • limited capacity.

The possibility of declaring a citizen completely incompetent is also provided.

Grounds and procedure for limiting the legal capacity of citizens

Restriction of the legal capacity of citizens is possible only in cases and in the manner established by law (clause 1 of article 22 of the Civil Code):

1. 1. restriction of partial legal capacity of citizens: in the presence of sufficient grounds (clause 4 of article 26 of the Civil Code of the Russian Federation);
   2. restriction of a citizen’s legal capacity: “a citizen who, due to the abuse of alcoholic beverages or drugs, puts his family in a difficult financial situation” (Clause 1 of Article 30 of the Civil Code of the Russian Federation).

Restriction of the legal capacity of citizens is possible only in cases and in the manner established by law (clause 1 of article 22 of the Civil Code). It lies in the fact that a citizen is deprived of the ability, through his actions, to acquire such civil rights and create such civil responsibilities that he, by virtue of the law, could already acquire and create. We are talking, therefore, about reducing the amount of legal capacity a person has.

Civil cases on restriction of legal capacity of citizens are considered by the court as a special procedure(Chapter 31 Civil procedural code Russian Federation).

see also Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25"On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation."

More details

Abuse of alcoholic beverages or drugs, which gives grounds for limiting the legal capacity of a citizen, is such use that is in conflict with the interests of his family and entails expenses that put the family in a difficult financial situation. It must be borne in mind that paragraph 1 of Article 30 of the Civil Code of the Russian Federation does not make the possibility of limiting the legal capacity of a person who abuses alcohol or drugs dependent on his recognition as suffering from chronic alcoholism or drug addiction.

Addicted to gambling, which can serve as a basis for limiting the legal capacity of a citizen, one should understand psychological dependence, which, in addition to an intractable attraction to gambling, is characterized by disorders of behavior, mental health and well-being of the citizen, manifested in a pathological attraction to gambling, loss of gaming control, as well as prolonged participation in gambling games despite the onset of adverse consequences for the material well-being of his family members.

The presence of earnings or other income from other family members is not a basis for refusing to satisfy an application to limit the legal capacity of a citizen under paragraph 1 of Article 30 of the Civil Code of the Russian Federation, if it is established that this citizen is obliged by law to support members of his family, but due to an addiction to gambling , alcohol or drug abuse does not provide them with the necessary financial assistance, or members of his family are forced to fully or partially support him.

Any means of proof from those listed in Article 55 of the Code of Civil Procedure of the Russian Federation can be used as evidence of a person’s addiction to gambling or abuse of alcohol or drugs.

Restriction of partial legal capacity of citizens

Both a person with incomplete (partial) legal capacity and a person with full legal capacity can be limited in legal capacity.

According to paragraph 4 of Art. 26 of the Civil Code, restriction of the legal capacity of minors aged 14 to 18 years is allowed only by court decision. Limiting the legal capacity of a minor is impossible if he acquired full legal capacity due to marriage before reaching 18 years of age or through emancipation. Consequently, in relation to minors aged 14 to 18 years, this means limiting their partial legal capacity. It can be expressed in restricting or even depriving a minor of the right to independently manage earnings, scholarships or other income. After the court makes such a decision, the minor will have the opportunity to dispose of earnings, scholarships and other income (in full or in part) only with the consent of the parents, adoptive parents, or guardian.

A decision to limit the legal capacity of a minor aged 14 to 18 years can be made by a court “if there are sufficient grounds.” Such grounds should be recognized as spending money for purposes that are contrary to the law and moral standards (purchasing alcoholic beverages, drugs, gambling, etc.), or spending it unreasonably, without taking into account the needs for food, clothing, etc. The number of persons who may apply to the court to limit or deprive a minor of the right to independently dispose of earnings, scholarships or other income includes his parents, adoptive parents or trustees, as well as the guardianship and trusteeship authority.

Depending on the specific circumstances, the court may either limit the minor’s right to freely dispose of earnings, scholarships or other income, or completely deprive him of this right. Based on a court decision, the earnings, scholarships, and other income of a minor should be given in whole or in part not to him, but to his legal representatives - parents, adoptive parents, and guardian.

If the court decision does not indicate the period for which the legal capacity of a minor is limited, then the restriction is valid until the minor reaches 18 years of age or until the restriction is lifted by the court at the request of those persons who applied for the restriction.

Limitation of the full legal capacity of citizens

The law allows for restrictions on the full legal capacity of adult citizens who abuse alcohol or drugs (Article 30 of the Civil Code). This rule also applies to minors who, before reaching 18 years of age, acquired full legal capacity due to marriage or emancipation. Restricting the legal capacity of an adult citizen is a very significant invasion of his civil legal status and is therefore permitted by law if there are serious grounds that must be established by the court.

Limitation of legal capacity is provided by law only for persons who abuse alcoholic beverages or drugs. Other abuses and vices (for example, gambling, betting, etc.) cannot lead to a limitation of legal capacity, even if they cause financial difficulties for the family. The basis for limiting the legal capacity of a citizen under Art. 30 of the Civil Code is such excessive consumption of alcoholic beverages or narcotic substances, which entails significant expenses for their purchase, which puts the family in a difficult financial situation.

The limitation of a citizen’s legal capacity in the case under consideration is expressed in the fact that, in accordance with a court decision, guardianship is established over him and he can make transactions to dispose of property, as well as receive wages, pensions or other types of income and dispose of them only with the consent of the trustee. He has the right to independently carry out only small everyday transactions (Clause 1, Article 30 of the Civil Code). However, such a citizen independently bears property liability for transactions made by him or for damage caused.

When a citizen stops abusing alcoholic beverages or drugs, the court lifts the restriction on his legal capacity. Based on a court decision, the guardianship established over him is cancelled. If a citizen, after the lifting of the restriction of his legal capacity, again begins to abuse alcoholic beverages or drugs, the court, at the request of interested parties, may again limit his legal capacity.

Most members of society position themselves as completely adequate citizens in mental and moral terms, as well as responsible citizens who are able to keep their emotions and actions under control, analyze the surrounding context, and be critical of their actions.

On this basis, they obviously have the opportunity to act as full rights. The loss of these qualities gradually deprives a person of social involvement. Citizens are restricted from external contacts to a greater extent than others, whose status corresponds to certain standards of behavior and degree of responsibility.

When determining the conditions of legal capacity, it is necessary to determine its main difference from legal capacity, which every citizen has from birth to death, regardless of the contribution he makes to the development of society and his recognition as a legally capable person.

Legal capacity is the constitutional qualities that citizens of the Russian Federation (and others) are endowed with in accordance with the rights that every person has by the right of his birth as a human being, which is legislatively reflected in Article 17 of the Civil Code of the Russian Federation.

The legal basis remains unshakable and stable. But in reality they are limited by the right of another person. For example :

1. A citizen generally has the right to provide housing, but does not have the right to live in someone else’s apartment.
2. He has the right to dispose of property, but only that which belongs to him.
3. He has the right to use a car, but to do this he must comply with many legal procedures.

Definitions of legal capacity and the nuances of its implementation are the basis of the legal system.

For full functioning in society and the ability to take part in property transactions and legal forms of interaction, a citizen will need legally capable status– the presence of a quality that distinguishes a morally and mentally mature person, capable of taking responsibility for his actions, then corresponds to the criterion presented in Article 21 of the Civil Code of the Russian Federation.

If legal capacity is inherent in a subject a priori, then legal capacity is confirmed by his social adaptability, ability to interact with other members of society, and in some cases may be called into question.

Can the legal capacity of citizens be limited? Yes. Those who meet the status of capable citizens may have their rights limited. Deprivation of legal capacity as a legal precedent does not exist, but in this case the concepts are intertwined, and restrictions on legal capacity entail the inability of a citizen to carry out legal activities in those aspects for which he is recognized as incompetent.

In accordance with the provisions of the Civil Code of Russia, a citizen who is unable to direct his actions may be declared legally incompetent, in accordance with Article 29 of the Civil Code of the Russian Federation.

Civil Code, Chapter 3, Article 29.

Recognition of a citizen as incompetent

1. A citizen who, due to a mental disorder, cannot understand the meaning of his actions or manage them, may be declared incompetent by the court in the manner established by civil procedural legislation. Guardianship is established over him.
2. On behalf of a citizen declared incompetent, transactions are carried out by his guardian, taking into account the opinion of such a citizen, and if it is impossible to establish his opinion, taking into account information about his preferences received from the parents of such a citizen, his previous guardians, other persons who provided services to such a citizen and in good faith fulfilled their duties.
3. When developing the ability of a citizen who has been declared incompetent to understand the meaning of his actions or to manage them only with the help of other persons, the court recognizes such a citizen as having limited legal capacity in accordance with paragraph 2 of Article 30 of this Code.

If there are no grounds for complete deprivation of legal capacity, since the citizen is sane in many areas of life, the court may only see the need to limit legal capacity to certain, problematic areas of the citizen’s activity. In this case, the judicial panel will be guided by Article 30 of the Civil Code of the Russian Federation.

Civil Code, Chapter 3, Article 30.

Limitation of a citizen's legal capacity

1. A citizen who, due to addiction to gambling, alcohol or drug abuse, puts his family in a difficult financial situation, may be limited by the court in legal capacity in the manner established by civil procedural legislation. Guardianship is established over him. He has the right to independently carry out small everyday transactions. He can make other transactions only with the consent of the trustee. However, such a citizen independently bears property liability for the transactions he has made and for the damage he has caused. The trustee receives and spends the earnings, pension and other income of a citizen whose legal capacity is limited by the court, in the interests of the ward in the manner prescribed by Article 37 of this Code.
2. A citizen who, due to a mental disorder, can understand the meaning of his actions or manage them only with the help of other persons, may be limited by the court in legal capacity in the manner established by civil procedural legislation. Guardianship is established over him.

Such a citizen makes transactions, with the exception of transactions provided for in subparagraphs 1 and 4 of paragraph 2 of Article 26 of this Code, with the written consent of the trustee. A transaction made by such a citizen is also valid with its subsequent written approval by his trustee. Such a citizen has the right to carry out transactions provided for by subparagraphs 1 and 4 of paragraph 2 of Article 26 of this Code independently.

Grounds and conditions for recognizing a citizen’s incapacity

Recognition of incapacity is made on the basis of a mental illness of a person who may begin to deteriorate morally or intellectually. Provided that a person ceases to direct his actions or loses the ability to exist independently, at the request of relatives (doctors), the issue of termination of legal capacity is decided by the court. In this case, the issue of legal capacity is not affected, and a person recognized as incompetent reserves the right to use the property benefits that he has, without the right to dispose of them.

This decision is made under the following conditions:

1. Conducting a forensic psychiatric examination and its positive decision.
2. Presence at the court hearing of the prosecutor and representatives of the guardianship and trusteeship authorities.
3. The presence of the patient in court in person, except in cases where he is deprived of the ability to move.

After a positive court decision, the patient continues to live under the care of neighbors or in a specialized institution (read about). In case of significant recovery of mental health, a citizen can receive recognition of legal capacity at the next court hearing.

The procedure for limiting legal capacity

Recognition of the need to limit a person's legal capacity is also carried out exclusively by a court decision. It can be recognized as follows:

1. Based on an application for recognition of incapacity, but in the absence of such grounds from the point of view of the judicial panel.
2. Based on relatives (other persons) in accordance with the prevailing circumstances.

Such circumstances primarily include:

• alcohol addiction;
• drug addiction.

The main criterion is the suffering of family members associated with the deprivation of income for subsistence, which is almost entirely spent on maintaining dependence on the vice.

Another factor may be the person’s aggressive, illegal behavior. But it more often finds a way out in divorce, and in some cases in.

Who can limit a person’s legal capacity?

Limitation of legal capacity can only be carried out by a court. In other cases, obstacles to property transactions addressed to a person by a spouse or other relatives will be unlawful. In order to control expenses incurred:

• spouse;
• adult children;
• parents -

an application must be made to the court. Only after a positive decision made on the application of a relative will he be able to dispose of it in cash. In this case, he must register with the accounting department at the place of work of the person with limited legal capacity for permission to receive it. wages(pensions, other payments). In addition, he is charged with a ban on all types of property transactions.

The reason for the restriction is not:

1. None of the circumstances, before the court makes a decision.
2. None of the circumstances if the citizen lives alone and has no family.
3. None of the circumstances, unless the citizen has been diagnosed with addiction.

In the absence of property, income or poor communication with society, the possibility of limiting legal capacity may be minimal and impractical.

Consequences of recognizing a citizen as incapacitated

Recognized as such by a court decision, a citizen is almost completely deprived of the opportunity to function in society.

In particular, he loses the ability to:

1. Manage property and carry out transactions. If they are committed, they are considered void.
2. Participate in elections.
3. Get married and raise children. If there is a marital relationship, it can be dissolved without his consent, and the children can be adopted.
4. Make a will.

However, he retains legal capacity in relation to the use of existing property. The guardianship authorities properly monitor the observance of his rights by persons authorized to guardianship.

What actions are people entitled to take after their legal capacity has been limited?

Unlike a person deprived of legal capacity, a citizen whose legal capacity is limited by a court has the right to independently lead an almost full-fledged lifestyle. He does not need the guardianship and control of trustees, his spouse is obliged to give him permission in the event of a divorce, and he also has the right to leave an inheritance at his own discretion.

Naturally, if he is denied participation in voting for the desired candidate, a fairly serious scandal with corresponding, including political, implications may arise.

He has the right to communicate with his children as he wishes, even in the event of a divorce.. A ban on raising children may be imposed by a separate hearing in case of restriction (deprivation) of parental rights.

Subject to long-term remission and the ability to keep the vicious addiction under control, he can fully restore his legal capacity and continue to live a full life.

Step-by-step instructions when going to court

If you have an intention to take control of a close relative’s money, which is spent on alcohol or drugs, you need to file an application with the court.

You can choose arbitration court the area where you live with the perpetrator. If you do not live together, questions will arise for you, but in this case the application must be submitted at the place of registration. The questions will have the nature of the legality of the application in the event that you are no longer running a common household. If your marriage is not registered or you are divorced, you don’t have to bother submitting an application, since your application most likely will not be considered.

If it is more convenient for you, you can submit an application to the district court at the location of the medical institution. If a citizen is not registered as dependent on alcohol or suffering from drug addiction, there is no point in filing an application. In this case, you must first obtain registration.

Required documents and evidence

A certificate from a drug treatment clinic will be one of the main reasons for considering the application. The remaining documents and evidence must reflect the real picture in which the family finds itself due to the fault of the dependent member. In addition to passport documents, you will need documents determining the degree of relationship.

Spouses must be in a registered marriage and present a marriage certificate.

The documents must be accompanied by evidence that reflects the real picture of the family’s difficult financial situation and the exorbitant expenses on alcohol and drugs on the part of the applicant for the restriction.

This can be proven with documents:

1. About the applicant's low average earnings.
2. A certificate stating that the applicant has no income, for example, is on parental leave.
3. A certificate from the clinic stating that the child needs more careful care or in funds for treatment.

All documents and witness statements confirming the family's dire financial situation must be included in the case.

Writing an application

The application is written to the court, but will be considered in the presence of the guardianship and trusteeship authorities. Therefore, it must contain information:

• about the judge;
• about the prosecutor;
• about the representative of the guardianship authorities.

In the application, it must be noted that a citizen (indicating his full name) who is your close relative (specify which one), as confirmed by documents (list) that are attached to the application, cannot be held responsible. It lies in property relations that are at risk due to the exorbitant expenses that he requires on alcoholic products (drugs).

Briefly and correctly list the main characteristics of his destructive behavior.

Ask the court:

1. Limit his property rights and appoint you as his guardian.
2. Appoint a forensic psychiatric examination to confirm its partial inadequacy.

You will not be charged any state fee when submitting your application.

This statement does not indicate the parties, as is the case in a statement of claim. The legislation is guided by the fact that a partially incompetent person, even potentially recognized as such, cannot be fully responsible for his actions. Therefore, representatives of the prosecutor’s office and guardianship authorities are on his side.

Making a court decision

A court decision is the result of court hearings, the members of which came to a definite, unambiguous conclusion. The decision will be delivered to you in the form of an extract three days after its adoption. If the decision is positive, based on the extract, you will need to accept responsibility for the relative’s income and expenses, as well as for participation in his property transactions. To do this, you will need to register guardianship with the guardianship and trusteeship authorities, to which you will be accountable for your actions.

Appealing a court decision

If your claim is denied, but you are confident that you are right, within 10 days after receiving the extract and on its basis, you can file an appeal to regional court. To do this, it makes sense to strengthen with evidence and facts those circumstances that were taken into account as the reasons for the refusal.

Cases of limitation of legal capacity occupy a special place in domestic judicial practice. Very often you can hear stories about how a citizen abuses alcohol or alcoholic beverages, which leads to financial difficulties in the family and even poses a danger to its members.

If a person does not understand the meaning of his actions, then he may or may not have legal capacity in court.

Making decisions regarding minors

Despite the fact that minors do not have full legal capacity until they reach the age of 18, cases arise that suggest the need to limit them in court. These include:

1. , that is, recognition of their full rights, for example, in connection with marriage, with the permission of parents or guardians.
2. Subject to receiving earnings or scholarships, which he misuses - drinks or spends on drugs.

The issue of restricting the rights of such a subject is considered additionally by a court decision, which is adopted according to a similar algorithm, but is limited by the period of reaching the age of majority. Until this period, the guardian will manage the income of the minor.

Upon reaching the age of 18 years, the restriction is lifted, according to which:

1. Capacity is restored automatically.
2. A new court hearing is held, at which the citizen’s legal capacity is again determined.

The limitation of the legal capacity of a minor is dictated by the fact that public opinion considers certain forms of communications unacceptable, protecting conscientious citizens from them.

Regardless of the motivating reasons, the very fact of limitation of legal capacity, with a properly organized and lawfully applied mechanism for the protection of human rights, is a progressive step in social development. It provides protection to the relatives of a person suffering from alcoholism or drug addiction, and allows the dependent person to exist under their care.