Limited capacity. Restriction of the capacity of a citizen, recognition of a citizen as incapable: grounds, procedure and consequences

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

1. restriction of the partial legal capacity of citizens: if there are sufficient grounds (clause 4 of article 26 of the Civil Code of the Russian Federation);

2. limitation of a citizen's legal capacity: "a citizen who, due to the abuse of alcohol or drugs, puts his family in a difficult financial situation" (clause 1, article 30 of the Civil Code of the Russian Federation).

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

Civil cases on the restriction of the legal capacity of citizens are considered by the court in the manner of special proceedings (Chapter 31 of the Civil Procedure Code of the Russian Federation) 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 legal capacity of minors aged 14 to 18 years is allowed only by a court decision. It is impossible to restrict the legal capacity of a minor if he has acquired full legal capacity in connection with marriage before reaching the age of 18 or by way of emancipation. Consequently, in relation to minors aged 14 to 18 years, this means the restriction of their partial legal capacity. It can be expressed in the restriction or even deprivation of the minor's right to independently dispose of 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, guardian.

The decision to restrict the legal capacity of a minor between the ages of 14 and 18 may be taken by the 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 their unreasonable spending, without taking into account the needs for food, clothing, etc. The number of persons who may apply to the court with a petition to restrict or deprive a minor of the right to independently dispose of earnings, scholarships or other income includes his parents, adoptive parents or guardians, as well as the guardianship and guardianship 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. On the basis of a court decision, the earnings, stipend, other income of a minor, in whole or in part, must be given not to him, but to his legal representatives - parents, adoptive parents, 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 the age of 18 or until the restriction is canceled by the court at the request of those persons who applied for the restriction.

Restriction of the full legal capacity of citizens

The law allows limiting the full legal capacity of adult citizens who abuse alcohol or drugs (Article 30 of the Civil Code). This provision also applies to minors who, before reaching the age of 18, have acquired full legal capacity in connection with marriage or by way of emancipation. Restriction of the legal capacity of an adult citizen is a very significant intrusion into his civil status and therefore is allowed 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 alcohol or drugs. Other abuses and vices (for example, gambling, betting, etc.) cannot lead to disability, even if they cause material difficulties for the family. The basis forlimiting the capacity of a citizen under Art. 30 of the Civil Code is such excessive use 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 the citizen’s legal capacity in the case under consideration is expressed in the fact that, in accordance with the decision of the court, guardianship is established over him and he can make transactions on the disposal of property, as well as receive wages, pensions or other types of income and dispose of them only with the consent of the guardian. He has the right to independently make only small household transactions (paragraph 1 of article 30 of the Civil Code). However, such a citizen independently bears property liability for transactions made by him or for harm caused.

When a citizen ceases to abuse alcohol or drugs, the court cancels the restriction of his legal capacity. On the basis of a court decision, the guardianship established over him is cancelled. If a citizen, after the abolition of the restriction of his legal capacity, again begins to abuse alcohol or drugs, the court, at the request of the interested parties, may again restrict his legal capacity.

A citizen who, due to a mental disorder, cannot understand the meaning of his actions or manage them, may be recognized by a court as incapable in the manner established by civil procedural legislation (Article 29 of the Civil Code of the Russian Federation).

It follows from the foregoing that in order to recognize a citizen as incompetent, the presence of medical and legal criteria together must be established. The medical criterion includes the presence of a mental disorder, and the legal criterion is the inability to understand the meaning of one's actions (intellectual aspect) or the inability to control one's actions (volitional moment). From the combination of medical and legal (either volitional or intellectual) criteria, the main material and legal circumstances of the subject of proof are formed.

So, the subject of proof in cases of recognizing a citizen as incompetent includes the establishment of the following facts:

1) the presence of a mental disorder;

2) facts confirming that a citizen cannot understand the meaning of his actions or control them;

3) a causal relationship between a mental disorder and the fact that a citizen does not understand the meaning of his actions or cannot control them;

4) the achievement of the age established by law by a citizen in respect of which the question of recognizing him as incapacitated is raised;

5) other circumstances. Such circumstances include the fact of belonging to the family members of the person in respect of whom the case is being considered for declaring him incompetent. Family members are parents, adult children, spouse. These persons do not have to live together with the citizen and conduct a joint household with him.

Required evidence:

The conclusion of the forensic psychiatric examination. Cases on recognizing a citizen as incapacitated is the only case when the Code of Civil Procedure provides for the appointment of a forensic psychiatric examination. However, an examination is appointed only if there is sufficient evidence of a citizen's mental disorder (Article 283 of the Code of Civil Procedure). Sufficient data for the purpose of an expert examination can be understood as any information that makes it possible to assume that a person has a certain mental disorder. Materials of previously conducted forensic psychiatric examinations in a criminal case can also be recognized as sufficient data for the appointment of an examination. If, at the discretion of the court, there is not enough data to order a forensic psychiatric examination, then it refuses to order it. The case will be considered on the merits, and the application is denied;

Certificates from a medical institution;

Certificates of status registered in a psychiatric dispensary;

Extract from the medical history;

MSEC references;

Evidence confirming that a citizen, due to a mental disorder, cannot understand the meaning of his actions or control them (witness testimony, materials from the investigating authorities, previously conducted forensic psychiatric examinations, etc.);

Other evidence.

In civil proceedings, there is a presumption of legal capacity of a person: a person is capable, unless otherwise established by a court decision that has entered into legal force. Because of this, the applicant is obliged to prove the existence of circumstances indicating the incapacity of the citizen concerned. Other interested persons (for example, family members) who object to the stated requirement have the right to provide evidence of the absence of grounds for declaring a person incompetent.

A feature of the collection of evidence is the receipt of medical data on the mental state of a citizen, which is possible only at the request of the court. Another feature is the appointment and conduct of a forensic psychiatric examination if there are sufficient grounds for it. Questions are put before the expert: 1) whether the citizen suffers from a mental disorder (which one, what is the degree and nature of the disorder); 2) whether, due to a mental disorder, he can understand the meaning of his actions or control them; 3) whether he can take part in court proceedings. Issues of incapacity of a person are resolved for the future, so the prospects for the development of the disease are important. As a rule, a stationary forensic psychiatric examination is carried out with the placement of a person in a psychiatric dispensary. It is possible to conduct a compulsory forensic psychiatric examination (this issue is resolved in court with the obligatory participation of the prosecutor).

When considering cases of this category, the participation of the body of guardianship and guardianship, as well as the prosecutor, who give their opinion, is mandatory.

The Code of Civil Procedure provides for the procedure for recognizing a citizen as capable in the event of his recovery. To recognize a citizen as capable, a steady improvement in the mental state of a person is required, due to which he can understand the meaning of his actions or manage them. At the same time, a forensic psychiatric examination is also carried out. The procedural rule on the obligation to conduct a forensic psychiatric examination is an integral part of the admissibility of evidence.

11. Guardianship and guardianship. Patronage over able-bodied citizens.

Guardianship and trusteeship is a form of implementation of state protection of the individual. Their necessity is due to the fact that not all citizens (individuals) are able to independently exercise their rights and fulfill their duties due to a lack of legal capacity or incapacity, as well as for the purpose of educating minors.

Before the adoption of the Civil Code of the Russian Federation, guardianship and guardianship were regulated exclusively by family law, but now there is a complex nature of the legal regulation of this institution. The fundamental norms are contained in the Civil Code (Articles 31-40), in Art. 150 SK, as well as the registered Federal Law of April 24, 2008 N 48-FZ "On guardianship and guardianship". The subject of study in the civil law course is the relevant civil law aspects of guardianship and guardianship.

Guardianship (Article 32) is established over minors and citizens recognized by the court as incompetent due to a mental disorder. Guardians are representatives of the wards by virtue of the law and make all necessary transactions on their behalf and in their interests, i.e. essentially "replacing" their wards in civil circulation. Guardians also act to protect the rights and interests of their wards in relations with any persons, incl. in courts, without special powers, but only on the basis of a decision of the guardianship and guardianship body on the appointment of a guardian or a certificate issued by him. Guardianship is established not only over completely incompetent, because. children from 6 to 14 years old have limited legal capacity (!).

Guardianship (Article 33) differs in the content of duties and persons over whom guardianship is established. It is established only over partially capable citizens: minors aged 14 to 18 years, over citizens limited by the court in their legal capacity. The guardian helps his ward to exercise his rights and fulfill his duties through advice. The trustee gives or does not give consent to transactions and other legal actions (except for those that a minor or a person with limited legal capacity can carry out independently). That. the trustee does not replace the person over whom guardianship has been established, but only helps him navigate the civil circulation, also protecting him from abuse by third parties.

The bodies of guardianship and guardianship are the executive authorities of the subject Russian Federation. Local governments municipalities(including local self-government bodies of settlements) in whose territories there are no guardianship and guardianship bodies formed in accordance with the Federal Law, the law of the constituent entity of the Russian Federation may be vested with the powers of guardianship and guardianship. The powers of the guardianship and guardianship authorities to identify persons in need of establishment of OPs, as well as to select and train potential guardians, may be exercised by educational organizations, medical organizations, organizations providing social services, or other organizations.

Decisions on the appointment of guardianship and guardianship are made on the basis of a court decision, which is obliged, within three days from the date of its entry into force, to notify the guardianship and guardianship authority at the place of residence of the person in need of a PC.

1) protection of the rights and legitimate interests of citizens who need to establish guardianship or guardianship over them, and citizens who are under guardianship or guardianship;

2) supervision of the activities of guardians and trustees, as well as organizations in which incapacitated or not fully capable citizens are placed;

3) control over the safety of property and property management of citizens under guardianship or guardianship or placed under supervision in educational organizations, medical organizations, organizations providing social services, or other organizations, including for orphans and children left without care parents.

The powers of guardianship and guardianship authorities include:

1) identification and registration of citizens who need to establish guardianship or guardianship over them;

2) applying to the court with an application for recognizing a citizen as incapable or for limiting his legal capacity, as well as for recognizing the ward as capable, if the grounds for restriction or incapacity have disappeared;

3) establishment of guardianship or guardianship;

4) exercising supervision over the activities of guardians and curators, the activities of organizations in which incompetent or not fully capable citizens are placed;

5) release and removal of guardians and trustees from the performance of their duties;

6) issuance of permits for making transactions with the property of wards;

7) conclusion of agreements on trust management of property;

8) representation of the legitimate interests of minor citizens and incompetent citizens under guardianship or guardianship in relations with any persons (including in courts), if the actions of guardians or trustees to represent the legitimate interests of wards are contrary to the legislation of the Russian Federation and (or) the legislation of the subjects the Russian Federation or the interests of the wards, or if the guardians or trustees do not protect the legitimate interests of the wards;

9) issuance of a permit for separation of trustees and their minor wards;

10) selection, registration and training of citizens who have expressed a desire to become guardians or trustees or to accept children left without parental care into a family for upbringing in other forms established by family legislation;

11) rendering assistance to guardians and custodians, checking the living conditions of the wards, observance by the guardians and custodians of the rights and legitimate interests of the wards, ensuring the safety of their property, as well as the fulfillment by the guardians and custodians of the requirements for exercising their rights and fulfilling the duties of guardians or custodians.

When changing the place of residence of the ward, the body of guardianship and guardianship, which established guardianship or guardianship, is obliged to send the case of the ward to the body of guardianship and guardianship at his new place of residence within three days from the date of receipt from the guardian or trustee of the notice of the change of place of residence of the ward.

Fully capable adult citizens may be appointed guardians and trustees. That is, citizens who are limited in capacity, emancipated, as well as those who have acquired capacity in connection with marriage, cannot be guardians and trustees. The law also prohibits this for persons deprived of parental rights, or who have a criminal record for an intentional crime against the life and health of citizens. If guardianship is established over children, the guardian cannot also be: persons suffering from chronic alcoholism/drug addiction; persons with limited parental rights; persons suspended from the duties of guardians / trustees; former adoptive parents (if the adoption is canceled due to their fault); persons who, for health reasons, cannot carry out the upbringing of children.

A guardian or custodian can be appointed only with his consent (the principle of voluntariness). At the same time, moral and other personal qualities, the ability to perform duties, the relationship between him and the ward, if possible, the desire of the ward, must be taken into account.

Guardians or trustees are not appointed to incapacitated / not fully capable citizens placed under supervision in the relevant organizations. They also play the role of guardians / trustees.

Rights and obligations:

1) the obligation to take care of the maintenance of the wards, to provide them with care and treatment, for minors - education;

2) to make transactions on behalf of the ward (guardians) or give consent to their completion (trustees). Without the prior permission of the PLO, it is impossible to carry out transactions on the alienation of the property of the ward, its leasing, gratuitous use, pledge; as well as transactions entailing the waiver of the rights belonging to the ward, the division of his property, the allocation of shares from it; any other transactions entailing a decrease in the property of the ward. Guardians and trustees, as well as their spouses and close relatives, are prohibited from making transactions with wards, except for donations and gratuitous use;

3) to spend the income of the ward in his interests within the limits of the subsistence level;

4) guardians and curators of minor citizens are obliged to live with their wards, from the age of 16 - separately with the permission of the authorities;

5) notify the PLO about the change of residence;

6) if the grounds for incapacity or limitation of legal capacity have disappeared, to apply to the court for recognition of the ward as legally capable and removal of guardianship or guardianship;

7) guardians and custodians are not obliged to support their wards; guardianship and trusteeship are also carried out free of charge.

If it is necessary to permanently manage the immovable and valuable movable property of the ward, the PLO concludes a trust management agreement with the manager determined by this body. The guardian or custodian shall retain their rights only in relation to the remaining property.

Termination of guardianship and guardianship:

1) release: return of a minor to parents or adoption; premises for permanent stay in an educational / medical or other institution; release is also possible at the request of the guardian / trustee, if this is due to good reasons;

2) suspension: in case of improper performance of duties, use of guardianship or guardianship for personal gain, leaving the ward without supervision and necessary assistance;

3) other grounds: a court decision on recognizing a citizen as capable/removing the restriction of legal capacity at the request of a guardian, custodian or guardianship and guardianship authority; when a minor reaches the age of 14, guardianship is transformed into guardianship; when the minor reaches the age of 18/emancipation/marriage, guardianship is terminated.

PATRONAGE is a form of ensuring the interests of minors who are fully capable citizens who, for health reasons, cannot independently exercise and protect their rights and fulfill their duties. An assistant is appointed by the guardianship and guardianship authorities within a month from the date of identification of a citizen in need of establishing patronage. The assistant is appointed with the consent of the citizen. An assistant performs actions in the interests of a citizen on the basis of contracts of agency, trust management or other agreement. All issues related to the exercise of property rights are resolved with the consent of the citizen (domestic and other transactions). Patronage may be terminated in connection with the termination of the contract of agency, trust management of property or other contract on the grounds provided for by law or the contract.

Faced with legal issues, unfortunately, not every citizen can properly respond to them and take the right actions. As a rule, this is due to a lack of necessary knowledge in this area. Therefore, it is sometimes important to pay some attention to finding answers to legal questions that interest you on your own. You should not wait for the case when an urgent need arises. After all, often decisions have to be made immediately, and if necessary knowledge No, it's almost impossible to do it right.

In this article, we will look at what legal capacity is. Why is it important to understand this issue? When does the legal capacity of a citizen arise? Can it be limited? How is capacity related to 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 is 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 it does not in itself guarantee their existence.

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

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

This must be taken into account when considering this topic.

legal capacity

Legal capacity is also necessary for a person in order to become a full participant in legal relations between citizens. Its presence and completeness depend to a greater 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-fledged categories:

incompetent;
partially capable;
fully capable;
limited capacity.

Complete

All individuals who have reached the age of majority and are mentally healthy are recognized as fully capable. Sometimes it can happen even at an earlier age. These are the following cases:

Marriage by minors. The law allows, in certain cases, persons who have not yet attained eighteen years of age to marry. In this case, they acquire absolute legal capacity from the date indicated in the certificate issued to the couple. In some parts of the Russian Federation, local law allows marriage for those under the age of sixteen. 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 the age of eighteen. And only if the marriage is declared invalid by the court, then the minor spouses may lose their legal capacity.
Emancipation. Also a weighty reason to acquire full legal capacity. It represents the fact of declaring a minor, who, however, has already reached the age of sixteen, as such, 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. When is emancipation announced? If the 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 your own. However, the situation is similar with civic obligations.

Partial

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

Juveniles are also recognized as partially capable (children between the ages of six and fourteen are called minors). They cannot enter into any transactions, only their parents can do this on their behalf.

Nevertheless, even minors are able to make certain decisions. These are the following cases:

receiving or giving gifts, if this does not require state registration or notarization;
conclusion of small household transactions;
the ability to dispose of the funds provided to them.

Minors who are between the ages of fourteen and eighteen, unlike others, can independently enter into various transactions if they have the consent of their parents. 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:

the ability to deposit funds in credit institutions and freely dispose of them;
making small household transactions;
exercise of copyright;
the ability to manage their own income.

Limited

The inadmissibility of deprivation and restriction of legal capacity and legal capacity is enshrined in law. However, there are certain exceptions that the law also provides. For example, experts consider one of such cases to be the situation when the court legally restricted the legal capacity of a person. individual who, for example, abuses drugs or alcohol.

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

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

incapacity

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

So, disabled citizens are those individuals who, due to the development of any mental disorder, do not have the physical ability to independently make decisions, realize 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 up to the court to make the final decision on incapacity. Such a citizen needs constant guardianship. The fact of recognizing someone as legally incompetent means that a citizen cannot, by his actions, in any way receive or exercise his civil duties and rights. Can such a person make any transactions? On his behalf, this is done by his legal guardian. If an incapacitated person has caused any harm to himself, others or property, his guardian (whether an individual or an organization) is responsible for this.

Disability limitation

Limitation of the legal capacity of a citizen, as well as his legal capacity, is also provided for by law in a number of cases. As for legal entities, in this case we are talking more about the possibility of restricting their rights. This is regulated by the following articles of the 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 applies equally to the capacity of organizations.

Describing the restriction of the legal capacity of a citizen 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 by force;
the possibility of limiting legal capacity exists only if the latter is shared with legal capacity that 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 the obligations 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 in order to exercise certain rights. This is true for both individuals and legal entities. After all, the limitation of legal capacity and legal capacity, in essence, is the inability to independently choose their actions and the need to transfer the performance of their duties to third parties. Also, situations are not uncommon when such legal entities are forced to fulfill their duties and exercise the rights guaranteed to them through the actions of third parties or special bodies that are defined and provided by the state specifically for these purposes, regardless of how they would like to dispose of their rights. in this situation, a legal entity.

How can this be put into practice? For example, sometimes you have to do taxation 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 very procedure for their payment is carried out directly by agents. Why? Because the responsibility for the timely payment of taxes lies with them. This means that if any violations are detected, it is the agents who will have to be punished and compensated.

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. So, for example, the inability to independently make management and any other decisions by an enterprise invariably leads to the inability to independently implement business relations with third parties, which, in essence, is a limitation of legal capacity. Such a restriction is considered effective from the moment the head of the enterprise ceases to have the authority to manage and transfer them to another, external manager. Such a replacement, as a rule, is forced, 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, which does not provide for the subsequent restoration of the powers of such organizations. One of the methods in this case is the suspension of the enterprise license or its absolute revocation. This implies that within a certain time such an organization must be liquidated.

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

3. Temporary limitation of the authority of the organization. It implies the introduction of an interim 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 is relevant for 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 became clear what a restriction of the legal capacity of a citizen is and in what cases it is possible. As you can see, this issue is easy to understand. It just takes a little effort. The concept and content of legal capacity were considered. As well as its connection with the legal capacity and the implementation of basic civil rights. Remember that legal capacity may be limited if sufficiently serious prerequisites have been found for this by the court. 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 a certain base of knowledge in legal matters will help you protect yourself legally if the need arises.

Article 30 of the Civil Code:

"1. A citizen who, due to the abuse of alcohol or drugs, puts his family in a difficult financial situation, may be limited by the court in his legal capacity in the manner prescribed by civil procedural legislation. Guardianship is established over him.

He has the right to independently make small household transactions.

He can make other transactions, as well as receive earnings, pensions and other incomes and dispose of them only with the consent of the trustee. However, such a citizen independently bears property liability for transactions made by him and for the harm caused to him.

2. If the grounds by virtue of which the citizen was limited in legal capacity have disappeared, the court cancels the restriction of his legal capacity. On the basis of a court decision, the guardianship established over a citizen is cancelled.

In the Russian Federation, the institution of limiting a citizen's legal capacity was contained in pre-revolutionary legislation. The basis for limiting legal capacity then was wastefulness and drunkenness, when habitual drunkenness deprived a citizen of the ability to act prudently in relation to transactions and management of his property, or threatened to plunge him or his family into distress.

Restriction of a citizen in legal capacity in the presence of certain conditions is provided for by the laws of many countries.

By general rule the institute of limitation of legal capacity is enshrined in the Civil Code in relation to the legal capacity of an adult citizen.

The meaning of this kind of restriction boils down to the fact that, in general, the citizen's legal capacity is preserved, however, the commission of certain actions is put within certain limits (boundaries). A similar restriction mechanism is used in relation to cash, i.e. already achieved, legal capacity and applies only to its individual elements. For example, if there are certain grounds, in court a minor can be limited or deprived of the right to independently dispose of his earnings, scholarships or other income (paragraph 4 of article 26 of the Civil Code). But the restriction of legal capacity applies only to a person who already has legal capacity by the period of its restriction, since only what already exists can be restricted.

Regarding this limited capacity is determined by the following features:

1) applies only in relation to the limitation of the scope of legal capacity achieved by the period, i.e. cash capacity;
2) can be applied only on the grounds provided for by law, and exclusively in a judicial proceeding;
3) is initiated by a circle of persons expressly provided for by law;
4) is canceled in the event of the disappearance of the grounds on which the legal capacity was limited, i.e. there is a rule on the retroactive effect of the restriction and the restoration of legal capacity.

Establishing the limited legal capacity of persons who abuse alcohol or drugs has two goals:

an indirect measure to combat alcoholism and drug addiction;
protecting the interests of persons who, to one degree or another, are financially dependent on an alcohol or drug abuser.

In the case when the court receives objective evidence of the termination of alcohol or drug abuse by this person, it has the right to fully restore his legal capacity.

Taking into account the fact that the limitation of the legal capacity of an adult citizen is a significant intrusion into his legal status, its establishment by law is allowed if there are serious grounds for it. The prerequisites for making such a decision are exclusively social in nature and have nothing to do with the medical aspects of the problem of alcoholism and drug addiction.

The first and necessary condition for raising the issue of limited legal capacity of a person in a judicial proceeding is the fact that he abuses alcohol or drugs. The relevant article of the Civil Code does not stipulate the obligatory presence of chronic alcoholism or drug addiction in a given person, as well as dispensary registration in connection with this. Only the abuse of alcohol or drugs, which is in conflict with the interests of the family and leads to its difficult financial situation, gives the right to limit the legal capacity of this person. At the same time, the abuse of alcoholic beverages (drugs) is considered as such excessive or systematic use that is contrary to the interests of the family and entails unbearable expenses for their purchase, which causes material difficulties and puts the family in a difficult financial situation. If the family does not receive the necessary material support from the abusing citizen or is forced to support him in whole or in part, then the availability of earnings or other income from other family members in itself is not a basis for refusing to restrict the abusing citizen's legal capacity.

A causal relationship between the fact of alcohol or drug abuse by a person and the difficult financial situation of his family is a prerequisite, since the main purpose of recognizing a person with limited legal capacity is to protect the interests of the family, which is financially dependent on this person.

Since a person who is limited in legal capacity is a participant in family legal relations, the legislator connects the possibility of restriction with the difficult financial situation of the family, caused by excessive spending of money. S. N. Bakunin believes that in these cases it is advisable to be guided by the provisions of federal laws of October 24, 1997 No. 134-FZ "On the subsistence minimum in the Russian Federation" and of March 31, 2006 No. 44-FZ "On the consumer basket as a whole in the Russian Federation ", in accordance with which the consumer basket for the main socio-demographic groups of the population (the working-age population, pensioners, children) in Russia as a whole is determined at least once every five years.

The subsistence minimum per capita and for the main socio-demographic groups of the population in general in the Russian Federation and in the constituent entities of the Russian Federation is determined quarterly on the basis of the consumer basket and data from the federal executive body on statistics on consumer price levels for food, non-food products and services and expenses for mandatory payments and fees.

The consumer basket contains the minimum set of food products, non-food services necessary to maintain human health and ensure its vital activity. In the constituent entities of the Russian Federation, it should be established taking into account natural and climatic conditions, national traditions and local characteristics of the consumption of food, non-food products and services.

Accordingly, if, as a result of the purchase of alcoholic beverages or drugs, the consumer basket of a family member is below the established level, then the courts have the right to decide on the restriction of legal capacity.

The difficult financial situation of a family can also be assessed not from the point of view of its general wealth and the availability of other income, but as a family not receiving funds from a particular family member - an abusive citizen, as a result of which the family is forced to support him and spend his budget on his addictions. Thus, the difficult financial situation of the family is a significant deprivation of the family of what it could have received if the citizen had not abused alcohol or drugs, a deprivation that ultimately leads to impoverishment.

Restriction of legal capacity is possible only in the presence of two of these factors - the cause (alcohol or drug abuse) and the consequence (difficult financial situation of the family). The absence of one of them, including the drunkenness of a citizen or the difficult financial situation of the family, caused not by alcohol or drug abuse, but by other reasons, for example, the need to repay a loan, pay alimony, ruin, etc., is not a sufficient reason to limit the citizen’s legal capacity . It is also excluded under other circumstances not named by law - risky business, gambling, various hobbies. And although such addictions and hobbies can be no less costly for a family than alcohol or drug abuse, in these cases a citizen cannot be limited in legal capacity. Edition of Art. 30 of the Civil Code has the exclusive nature of the rule formulated in it, which does not allow for a broad interpretation of the grounds for limiting legal capacity and the use of analogies of the law (clause 1, article 6 of the Civil Code).

Guardianship is established over a person with limited capacity. Since the limitation of legal capacity limits the ability to deal, a citizen cannot independently, without the consent of the trustee, sell, bequeath, exchange, buy property, make other administrative transactions (except for small household transactions), independently receive a salary, pension, other types of income (royalty, amounts due for the performance of work under a work contract, other remuneration, all kinds of benefits, etc.) and manage their income (clause 1, article 30 of the Civil Code). Those with limited legal capacity can independently make only small household transactions, therefore their independence in civil circulation is inferior even to the capabilities of minors (compare with paragraph 2 of article 28 of the Civil Code). At the same time, with the consent of the trustee, they can make other transactions. In this they are comparable to persons aged 14 to 18 years (compare with paragraph 1 of article 26 of the Civil Code).

A transaction on the disposal of property, made without the consent of the trustee by a citizen limited by the court in legal capacity due to the abuse of alcohol or drugs, may be recognized by the court as invalid at the suit of the trustee (paragraph 1 of article 176 of the Civil Code). These rules do not apply to small everyday transactions that a citizen with limited legal capacity has the right to make independently in accordance with Art. 30 GK.

The current legislation does not deprive a citizen with limited capacity of the right to spend his money. Edition of Art. 30 of the Civil Code is such that it does not provide the trustee with the opportunity to receive the funds due to the ward as income. In other words, the trustee is not entitled to take the wages of such a person, he can only refuse to agree to receive wages. In the latter case, the income of the ward will accumulate with the employer or in the bank account, presumably until the disability is lifted.

The Civil Code does not contain a definition of the concept of a petty household transaction. Usually they are understood as transactions aimed at meeting ordinary, everyday needs and insignificant in amount. When establishing the insignificance of the amount of the transaction, it is proposed to proceed from the minimum wage established by law.

Limitation of legal capacity does not affect tort capacity: a citizen with limited legal capacity is independently responsible for the transactions made and for the harm caused (clause 1, article 30 of the Civil Code), may marry, but is deprived of the possibility of adoption (clause 1, article 127 CK).

Restriction of legal capacity of citizens is determined by the court in the manner established by the Code of Civil Procedure(Art. 281-286). A case on the restriction of a citizen's legal capacity due to the abuse of alcohol or drugs can be initiated on the basis of an application from members of his family, a guardianship and guardianship authority, a psychiatric or neuropsychiatric institution (part 1 of article 281 of the Code of Civil Procedure). As practice shows, cases on the recognition of persons with limited legal capacity are initiated, as a rule, by prosecutors. Public organizations, as well as guardianship, guardianship, psychiatric medical institutions rarely use the right granted to them by law to initiate such cases. The application is submitted to the court at the place of residence of this citizen, and if the citizen is placed in a psychiatric or psycho-neurological institution, then at the location of this institution (part 4 of article 281 of the Code of Civil Procedure).

In part 1 of Art. 282 of the Code of Civil Procedure defines the requirements that an application for recognizing a citizen as having limited legal capacity must comply with. It should set out the circumstances indicating that a citizen who abuses alcohol or drugs puts his family in a difficult financial situation. In addition, the courts should have at their disposal the following materials: the statements of the applicants, reflecting the facts of excessive alcohol or drug abuse, as a result of which the family of the person in question suffers heavy material damage; materials about violations of public order by this person; an act of examining the material conditions of life, documents on the composition of the family, a certificate of earnings; characteristics from the place of work; an act of medical examination on the presence of signs of chronic alcoholism or addiction to alcohol abuse in a given person. A court decision made only on the basis of a medical opinion that the person has signs of chronic alcoholism or drug addiction is unlawful, since such a decision, in accordance with Art. 30 of the Civil Code is allowed only on the condition that the difficult financial situation of the family is associated with the abuse of alcohol and drugs by the person, regardless of whether he has signs of alcohol or drug addiction or not.

The court considers a case on recognizing a citizen with limited legal capacity with the participation of the citizen himself, the applicant, the prosecutor, the representative of the guardianship and guardianship authority (an employee of the health department, the prefecture or a representative of a medical institution - part 1 of article 284 of the Code of Civil Procedure). Since these cases do not provide for a claim, it means that there are no supposed subjects of a disputed legal relationship in them. Therefore, the persons in respect of whom this case is being considered are not called defendants, but interested parties, and family members who suffer damage from such subjects take part in the process as applicants, regardless of which instance initiated this case.

The prefecture is obliged within a month to appoint a guardian to a person with limited legal capacity, without the consent of which this citizen will not be able to participate in legal relations of the scope established by the court.

Article 30 of the Civil Code provides for the possibility of canceling a court decision on limiting the legal capacity of a citizen.

The abolition of the limitation of a citizen in legal capacity is possible in cases where the grounds on which this measure was applied have disappeared. At the same time, there is no clarification of what is meant by the term "fall away" anywhere. Apparently, we are talking about such a cessation or reduction of the abuse of alcohol or drugs, in which the person no longer puts his family in a difficult financial situation.

1Code of civil laws. T. X. Ch. 1.
Paragraph 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 04.05L 990 No. 4 (as amended on 10/25/1996) "O the practice of consideration by the courts of the Russian Federation of cases on the limitation of the legal capacity of citizens who abuse alcohol or drugs" (repealed).
Bakunin S. N. Restriction of legal capacity as a way to protect the right to health (civil procedural aspects) // Social and pension law. 2007. No. 1. S. 7.

1. A citizen who, due to addiction to gambling, abuse of alcohol or drugs, puts his family in a difficult financial situation, may be limited by the court in legal capacity in the manner prescribed by civil procedural legislation. Guardianship is established over him.

He has the right to independently make small household transactions.

He can make other transactions only with the consent of the trustee. However, such a citizen independently bears property liability for transactions made by him and for the harm caused to him. The trustee receives and spends the earnings, pension and other incomes of a citizen restricted by the court in his legal capacity, 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 his legal capacity in the manner prescribed by the civil procedural legislation. Guardianship is established over him.

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

A citizen restricted by the court in his legal capacity on the grounds provided for in this paragraph may dispose of the alimony paid to him, social pension, compensation for harm to health and in connection with the death of the breadwinner and other payments provided for his maintenance with the written consent of the trustee, with the exception of the payments that are indicated in subparagraph 1 of paragraph 2 of Article 26 of this Code and which he has the right to dispose of independently. Such a citizen has the right to dispose of these payments within a period determined by the trustee. The disposal of these payments may be terminated before the expiration of this period by decision of the trustee.

If there are sufficient grounds, the court, at the request of the trustee or guardianship and guardianship authority, may restrict or deprive such a citizen of the right to independently dispose of his income, specified in subparagraph 1 of paragraph 2 of Article 26 of this Code.

A citizen whose legal capacity is limited due to a mental disorder shall independently bear property liability for transactions made by him in accordance with this article. For the harm caused by him, such a citizen shall be liable in accordance with this Code.

3. If the grounds by virtue of which the citizen was limited in legal capacity have disappeared, the court cancels the restriction of his legal capacity. On the basis of a court decision, the guardianship established over a citizen is cancelled.

If the mental state of a citizen who, due to a mental disorder, was limited in legal capacity in accordance with paragraph 2 of this article, has changed, the court recognizes him as incapable in accordance with Article 29 of this Code or cancels the restriction of his legal capacity.

Commentary on Art. 30 of the Civil Code of the Russian Federation

1. The institution of limiting a citizen's legal capacity was known even to pre-revolutionary legislation. Waste and drunkenness (part 1, vol. X of the Code of Civil Laws) were the grounds for the restriction of legal capacity, namely, when the extravagance of citizens threatened to plunge them or their families into distress; when they are subject to habitual drunkenness which deprives them of the ability to act judiciously in regard to the making of transactions and the management of their property, or threatens to plunge them or their families into distress.

Articles 8 and 9 of the Civil Code of the RSFSR of 1922 provided for the possibility of declaring adults incompetent if they “ruin the property at their disposal by their excessive wastefulness.” However, on November 14, 1927, this rule was excluded.

2. Restriction in legal capacity is known not only to Russian civil law, but also to the laws of other countries. So, in accordance with Art. 36 of the Civil Code of Ukraine, the court may restrict the civil capacity of an individual if he abuses alcohol, narcotic drugs, toxic drugs, etc. and thereby puts himself or his family, as well as other persons whom he is legally obliged to support, in a difficult financial situation.

However, the legislator does not always distinguish between deprivation and limitation of legal capacity. Thus, the grounds mentioned in the commented article, according to the German Code until 1992, entailed the recognition of a citizen as incompetent. According to Art. 488 of the French Civil Code of 1804, an adult was subject to protection by law, who “as a result of his extravagance, immoderation or idleness risks falling into poverty or endangers the fulfillment of his family duties” .

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Civil, commercial and family law of capitalist countries: Collection of normative acts: civil and commercial codes: Tutorial/ Ed. VK. Puchinsky, M.I. Kulagin. M., 1986. S. 28 - 29.

In science and lawmaking, the question is often raised about expanding the list of grounds for limiting legal capacity. Thus, in 2006, the draft Federal Law “On Amendments to Article 30 of Part One of the Civil Code of the Russian Federation” was submitted to the State Duma, which proposed to expand the list of grounds due to the so-called gambling addiction (tendency to gambling). As noted in the explanatory note, the disease, qualified in 1980 by the American Psychiatric Association under the name "ludomania", is included in the list of diseases of the World Health Organization under the international code F63.0.

Research by the US National Gambling Association has shown that any average city dweller in the world has a 6% chance of becoming a criminal, 34% of an alcoholic, 32% of a drug addict and 48% of a gamer. Doctors believe that a painful addiction to the game in the vast majority of cases develops against the background of other mental changes, layering on them. This disorder consists in frequent repeated episodes of participation in gambling, which dominate the life of the subject and lead to a decrease in social, professional, material and family values.

At the same time, pathological gambling addiction should be distinguished from gambling and betting, this addiction is indicated by a separate line in the International Classification of Diseases ICD-10 under the code Z72.6. This fact should be taken into account when analyzing the actual circumstances, taking into account the current judicial practice. Thus, in the Decree of the Plenum of the Supreme Court of the Russian Federation of May 4, 1990 N 4 “On the practice of consideration by the courts of the Russian Federation of cases on limiting the legal capacity of citizens who abuse alcohol or drugs” (as amended on October 25, 1996), it was explained to the courts, that the abuse of alcoholic beverages or narcotic drugs, giving grounds for limiting the legal capacity of a citizen, is such excessive or systematic use that is in conflict with the interests of his family members and entails unbearable expenses of money for their acquisition. The law (the current version of the commented article) does not make the possibility of restricting the legal capacity of a citizen dependent on recognizing him as a chronic alcoholic or drug addict.

However, it should be noted that at present there are no medical means capable of confirming that a citizen has a tendency to gamble. Expansion of the list of grounds due to gambling addiction, the presence of which cannot be reliably established, can lead to arbitrariness and give rise to contradictory law enforcement practice.

3. The procedure for limiting a citizen's legal capacity is determined by Ch. 31 Code of Civil Procedure of the Russian Federation. An application to limit the legal capacity of a natural person may be filed by: members of his family, a guardianship and guardianship authority, a psychiatric or neuropsychiatric institution. The family members of a citizen who abuses alcohol or drugs include: a spouse, adult children, parents, other relatives, disabled dependents who live with him and run a common household (for the definition of family members, see the commentary to Article 29) . Until April 26, 2007, in order to clarify the provision of the commented article and the relevant provisions of the Code of Civil Procedure of the Russian Federation, Resolution of the Plenum of the Supreme Court of the Russian Federation of May 4, 1990 N 4 was applied in this part. With the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 26, 2007 N 15 "On the invalidation of certain decisions of the Plenum of the Supreme Court of the Russian Federation" these explanations have become invalid.

At the same time, the provisions of the aforementioned Decree No. 4 may be relevant for the interpretation of certain terms that give grounds for restricting the legal capacity of a citizen, in particular, “abuse of alcohol or drugs” should be understood as such excessive or systematic use by a citizen that is in conflict with the interests of his family and entails unbearable expenses of funds for their acquisition, which causes financial difficulties and puts the family in a difficult situation. The fact that other family members have earnings or other income in itself is not a reason to refuse to satisfy the applicant's request if the family does not receive the necessary material support from a person who abuses alcohol or drugs, or is forced to support him in whole or in part. At the same time, it must also be taken into account that the law (Article 30 of the Civil Code) does not make the possibility of restricting a citizen's legal capacity dependent on recognizing him as a chronic alcoholic or drug addict.

A single citizen who does not have a family cannot be recognized as having limited capacity.

4. As evidence of the abuse of alcoholic beverages or narcotic drugs, giving grounds for limiting the legal capacity of a citizen, witness statements, acts of the police, certificates from medical sobering-up stations, acts of the administration on the suspension of a person from work in connection with the appearance in a state of intoxication or in a state of drug intoxication, evidence of dismissal on the above grounds, documents on family income and the number of its members, as well as other materials confirming the facts of alcohol or drug abuse and characterizing the financial situation of the family.

Having established that a citizen abuses alcohol or drugs and, as a result, his family is in a difficult financial situation, the court does not have the right to refuse to satisfy the application only on the grounds that the person against whom the case on disability has been initiated has undertaken to change his behavior to the best.

However, in some exceptional cases, if by the time the case is considered, a citizen has ceased to abuse alcohol or drugs and claims that he has made a final decision on this issue, however, the period of time during which he changed his behavior for the better is short and does not gives confidence that the citizen will comply with the decision made by him, the court, in order to verify this circumstance, has the right, taking into account the opinion of the applicant and adult family members of the citizen, to postpone the trial of the case, since the civil procedural legislation does not contain rules restricting the ability of the court to do this to clarify the actual circumstances of the case .

If, after adjourning the case, the court comes to the conclusion that the citizen has really changed his behavior, then, refusing to satisfy the application, it is advisable to discuss the need to warn the citizen about the inadmissibility of repeating the abuse of alcohol or drugs.

In the event that the proceedings on the case are terminated due to the applicant's refusal of his claim, this circumstance does not exclude the possibility of subsequently initiating a case by the same applicant on limiting the legal capacity of the same citizen, if the latter, according to the applicant, continues to abuse alcohol or drugs. means and after the termination of the proceedings.

5. 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 limitation of legal capacity should be understood as the deprivation by the court of a citizen of the right to perform the following actions without the consent of the trustee:

- sell, donate, bequeath, exchange, buy, pledge property, as well as make other transactions for the disposal of property, with the exception of small household transactions;

- directly receive wages, pensions and other types of income (income from the disposal of rights to the results of intellectual activity, from participation in business companies and partnerships, amounts due for the performance of work under contracts, all kinds of benefits, etc.).

6. From the moment the court decision enters into legal force, a citizen is not entitled to make any transactions without the consent of the trustee, except for small household ones. A person limited in legal capacity is not entitled to make a will even with the consent of the trustee. According to Art. 176 of the Civil Code of the Russian Federation, a transaction on the disposal of property, made without the consent of the trustee by a citizen limited by the court in legal capacity due to the abuse of alcohol or drugs, may be declared invalid by the court at the suit of the trustee. Each of the parties to such a transaction is obliged to return to the other everything received in kind, and if it is impossible to return in kind, to reimburse its value in money. In addition, the capable party is obliged to compensate the other party for the real damage it has suffered if the capable party knew or should have known about the limited legal capacity of the other party.

Restriction in legal capacity does not affect family legal relations, including marriage, divorce, maintenance obligations.

7. According to the commented article and art. 1077 of the Civil Code of the Russian Federation, a person limited in legal capacity himself bears civil liability. The harm caused by a citizen, limited in capacity due to the abuse of alcohol or drugs, is compensated by the tortfeasor himself. The trustee does not bear subsidiary liability.

8. Cancellation of limitation in legal capacity is determined by Art. 286 of the Code of Civil Procedure of the Russian Federation, according to which, in the event that the grounds provided for in the commented article have disappeared, the court, on the basis of an application by the citizen himself, his representative, a member of his family, trustee, guardianship and guardianship authority, a psychiatric or neuropsychiatric institution, decides to lift the restriction of the citizen in capacity. On the basis of a court decision, the guardianship established over him is cancelled.

Civil capacity - the ability of a citizen to acquire and exercise civil rights, create for himself civil duties and fulfill them. It occurs in full with the onset of adulthood, i.e.

E. 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.

The consequence of the limitation of legal capacity 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 on the restriction of a citizen's legal capacity may be initiated on the basis of an application from members of his family, a guardianship and guardianship authority, a psychiatric or neuropsychiatric 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 a citizen's legal capacity must state the circumstances indicating that a citizen who abuses alcohol or drugs puts his family in a difficult financial situation.

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

Referee in preparation for litigation cases on recognizing a citizen incompetent, if there are sufficient data on the mental disorder of a citizen, appoints a forensic psychiatric examination to determine his mental state.

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.

circumstances threatening the missing person with death or giving grounds to assume his death from a certain accident. With regard to servicemen or other citizens missing in connection with hostilities, the statement shall indicate the day the hostilities ended.

The persons involved in cases of recognizing a citizen as missing or declaring a citizen dead are the applicant and interested persons. These cases are considered with the obligatory participation of the prosecutor.

After examining all the circumstances of the case, the judge makes a decision. The recognition of a citizen as missing entails certain legal consequences: disabled family members have the right to a pension, divorce at the request of a spouse is carried out in the civil registry offices, and the consent of the missing child to adopt his child is not required.

The decision to declare a citizen dead is the basis for registration by the registry office of his death.

In the event of the appearance or discovery of the place of residence of a citizen recognized as missing or declared dead, the court by a new decision cancels its earlier decision. The new court decision is, accordingly, the basis for the abolition of the management of the property of a citizen and for the annulment of the record of death in the book of state registration of acts of civil status.