Limitation of a citizen's legal capacity

Limitation of a citizen’s legal capacity: grounds, procedure and consequences Limitation of legal capacity is a limitation imposed on a citizen with certain addictions or diseases that do not allow him to lead a full life and can financially harm his family. This term refers to people who have drug addiction, alcohol addiction, gambling addiction and all kinds of psychological illnesses.

It is worth distinguishing between limited legal capacity and generally incapacitated people. A person with limited capacity can live independently, but suffer from his actions. An incapacitated person cannot exist without outside help.

Legal capacity and its types

Legal capacity is the ability of a citizen to exercise his rights without violating them or causing harm to himself and his family.

According to the legislation of the Russian Federation, there are 3 types of legal capacity.

Full legal capacity

Full legal capacity is acquired upon the age of majority of a citizen. However, there are exceptions.

Exceptions include:

Marriage of a minor Article 16 of the RF IC allows a minor citizen to marry. However, there must be good reasons for such a marriage. The possibility of such a marriage is being considered by local authorities. After registering a marriage, a minor is recognized as fully capable. Important! After a divorce, the minor remains fully capable. He can only be declared incompetent through a court.
Emancipation This status denotes full legal capacity. For emancipation you need to: reach the age of 16;
an individual must engage in entrepreneurial activity, or work under an employment contract, under the supervision of legal representatives;
the presence of consent of parents (adoptive parents), or a corresponding court decision.

This procedure is carried out by guardianship authorities, or by going to court, directly, of an individual.

After emancipation, the minor becomes fully capable and is independently responsible before the law for his actions.

Partial capacity

This species applies to individuals aged 6 to 18 years. The extent to which a citizen is recognized as legally competent is indicated by his (her) age.

Age from 6 to 14 years. At this age, an individual is endowed with the following capabilities:
make free transactions, without mandatory state registration. organs;
large transactions are possible only with the participation of a legal representative of a minor;
responsibility for offenses committed by persons of this age lies with their representatives (parents);
Age from 14 to 18 years. Persons of this age have the opportunity to independently, without the consent of their representatives, engage in the following activities:
be the copyright holders of intellectual property and creative products;
enter into transactions available to persons aged 6 to 14 years. Persons who have reached this age do not have the right to engage in independent activities in the following situations:
make any transactions with your property without the written permission of the official representative(s);
at the discretion of the court, with a written request from representatives of this person.

Important! To apply to the court in writing, with a requirement to limit the disposal of personal funds of a person aged 14 to 18 years, strong arguments are required.

An individual with limited legal capacity, aged 14-18 years, bears full responsibility before the law independently. If he does not have such an opportunity, the responsibility falls on the shoulders of his officials.

Limited capacity

The limited legal capacity of a citizen is determined by the court in accordance with the current legislation of the Russian Federation.

A citizen with limited legal capacity must necessarily receive his official representative, who is appointed by the court.

This status does not allow a citizen to independently use his own property without the consent of an official representative appointed by the court.

Important! The rights of a person with limited legal capacity are determined in court. With this type of status, the citizen is independently responsible for the harm caused to him/her as a result of the unlawful act committed.

Incapacity

Incapacity is not a type of legal capacity. It implies a complete lack of responsibility for actions and actions committed by an incapacitated citizen, even if they cause harm, and the impossibility of independent disposal of property.

Attention! Incapacity can be lifted from a citizen when drug addiction, alcohol addiction, gambling addiction disappears (weakens), or when his/her mental state stabilizes.

Procedure

Cases on full or partial restriction of a citizen’s legal capacity are initiated on the basis of applications from the following persons (Article 281 of the Code of Civil Procedure of the Russian Federation):

family members;
close relatives;
guardianship and trusteeship authorities;
employees of a medical organization providing mental health care;
representatives of social service institutions for persons with mental disorders.

A claim can be filed by close relatives, regardless of whether they live together or separately with the citizen.

The procedure for declaring a person incompetent is as follows:

Preparation of documents.
Filing a claim.
Going to court.
Consideration of the claim by an official.
Conducting a medical examination.
Obtaining a court decision.

Cases concerning deprivation or limitation of legal capacity are a special type of proceedings (Article 252 of the Code of Civil Procedure of the Russian Federation). They are considered with the participation of the applicant and other interested parties. These may be employees of guardianship authorities, social or medical organizations.

The application is sent to the court in the following ways:

personally;
by registered mail;
through a representative.

The defendant must be present at the hearing. The exception is when he is in hospital or poses a danger to others.

The examination is carried out without fail at the request of the plaintiff or the determination of the judge. If the study confirms that the patient is not aware of his actions and their consequences, then a decision is made to satisfy the requirements.

The defendant may file an appeal within 30 days. If this is not done, then the decision comes into force. Within a month, a guardian will be appointed for a legally incompetent person, and a trustee for a person with limited legal capacity.

If a citizen does not have relatives or loved ones who want to take care of him, then he is placed in a specialized institution. In this case, a guardian is not appointed, since his role is played by a medical organization.

list of documents

The following documents must be attached to the claim:

applicant's passport;
an extract from the house register for family members;
patient's passport;
documents confirming relationship for close relatives;
certificates from a medical institution;
psychiatrist's report, if available;
receipt of payment of state duty.

If the claim is filed through a representative, then a notarized power of attorney is required.

sample applications to the court to recognize a citizen as incompetent or partially capable

The application must contain the following information:

name of the district court;
information about the plaintiff;
information about the citizen in respect of whom the issue is being resolved;
the reason for petition;
brief facts of the case;
subject of proof;
request to recognize the citizen as partially or completely incompetent;
list of applications;
date and signature.

Download a sample statement of claim for declaring a citizen incompetent

Download a sample statement of claim for recognition of a citizen as having limited legal capacity

In accordance with Art. 282 of the Code of Civil Procedure of the Russian Federation, an application to the court must contain arguments why the citizen is incompetent. The lawsuit states that as a result of mental illness, alcohol or drug abuse, a citizen cannot be aware of his actions and adequately perceive the world around him.

medical examination

A forensic examination is mandatory by a judge in accordance with Art. 283 Code of Civil Procedure of the Russian Federation. If the patient refuses, the official may make a determination to compulsorily undergo the study.

Attention! A medical examination is not required if the initiator of the process is a representative of a psychiatric hospital. In this case, all documents, certificates and extracts from the medical institution are attached to the file.

The procedure for conducting the examination was approved by Order of the Ministry of Health No. 3n dated January 12, 2017.

It consists of the following actions:

The court issues a ruling on the purpose of the study.
The head of the medical institution appoints responsible employees.
The citizen is admitted to a hospital.
Specialists study available medical reports and monitor the patient.
Based on the research, a diagnosis is established and a motivated expert opinion is drawn up.

When making a determination to conduct an examination, the judge indicates the medical organization where it will take place, as well as the questions that specialists must answer.

The results are presented in the form of an expert opinion. The document is drawn up in triplicate. It is signed by all members of the expert commission. The conclusion is sent to the court, which considers the case.

where to go?

The application is sent to the court at the place of residence of the citizen who must be declared incompetent.

If the defendant is being treated in a medical organization or psychiatric clinic, then the claim is filed at the location of the institution. Cases of special proceedings have jurisdiction over district courts.

expenses

When filing an application for special proceedings, the state duty is 300 rubles. (Article 333.19 of the Tax Code of the Russian Federation). Forensic medical examination is carried out free of charge. If the medical expert does not confirm the presence of a mental disorder, then the cost of the study may be forcibly recovered from the plaintiff.

If documents are submitted by a representative of the applicant, then a power of attorney is issued by a notary. The cost of the service depends on the region and starts from 900 rubles.

Limitation of legal capacity: grounds

Recognition of a citizen as having limited legal capacity is an obligation of the court. Reasons for a court to recognize a citizen of this status: Evidence that the person has a drug addiction, alcohol addiction, gambling addiction, or mental disorder.
The presence of the fact that due to this addiction (disease) the financial situation of the family suffers;
The presence of a fact of irrational use of personal funds by a minor.

Important! Limitation of legal capacity in relation to a minor by his representatives is impossible in cases where the minor has acquired full legal capacity.

The second point of reason does not apply if a person does not have a family and lives alone.

Judicial practice under Article 30 of the Civil Code of the Russian Federation

Ruling of the Supreme Court of the Russian Federation dated November 1, 2017 N 310-ES17-15908 in case N A35-7834/2015
The courts of first and appellate instances, having examined and assessed, according to the rules of Articles 69 and 71 of the Arbitration Procedure Code of the Russian Federation, the evidence presented in the case materials, having analyzed the terms of the lease agreement, the act of acceptance and transfer of property, taking into account the circumstances established by the arbitration courts when considering case No. A35-5242/2014, guided by articles 310, 452, 606, 614 of the Civil Code of the Russian Federation, we came to the conclusion that there were grounds to satisfy the claim.

How does the process of restricting legal capacity work?

The court can restrict a citizen’s activities only after going through a certain process:

The first step is to conduct a medical assessment for the presence of alcohol addiction, drug addiction, gambling addiction or mental disorder. If one of the listed diagnoses is detected, it must be medically certified.
After the diagnosis has been established, a petition is written to the court for the official title of limited legal capacity. Attention! The petition is submitted by relatives, the prosecutor's office, guardianship authorities or doctors, depending on the status of the citizen(s) applying for this status.
After submitting the application, a trial (paperwork) is conducted, as a result of which a court decision is made.
After 3 days, after a court decision, a citizen with limited legal capacity must be assigned a guardian. This process is the answer to the question: how to recognize a person as having limited legal capacity.

Examples that help to take into account some of the nuances when considering a case

Example #1

The person regarding whom the decision is made does not participate in the costs of maintaining the family due to lack of earnings. His moral state is deteriorating; this fact depresses him. A person wants and can work, but employers’ refusals unsettle him.

Because of this, he begins to drink regularly, which becomes a habit and even an addiction. His housemates treat him to drinks. In this case, this citizen will not face legal consequences on this issue.

The reason is that there is no connection between the deterioration of the financial situation in the family due to excessive alcohol consumption, since the person did not participate in the financial support of the family anyway. There are no grounds for satisfying the claim.

Example No. 2

Expert opinion

Karsakin Evgeniy

The man has his own business. The financial turnover of his company is measured in millions per year. He fully supports his family; once a month he and his wife go on vacation to a resort.

However, he began to develop a strong attraction to gambling. A person leaves half of his income outside the family. Now the wife cannot afford daily shopping, a spa, or parties with friends in bars and restaurants.

However, even in such conditions, the husband regularly supports the family, pays receipts for utility bills and other payments, and the child still goes to an elite school. In general, there is enough money to continue living and existing in normal conditions. The spouse's indignation and her appeal to the court will not be successful; legal consequences of this nature, just like in the first example, will not occur, since there is no difficult financial situation in the family.

Example No. 3

The person is addicted to drinking. He spends all his earnings on alcohol. Essentially, he is dependent.

Family members have to bear the burden of maintaining the house. They succeed. My wife went to work part-time and is doing double duty.

Their overall financial situation has even improved. What decision will the court make, taking into account the above? In this particular case, there is a good chance that the application will be granted, since the active coercive behavior of family members does not justify the passive antisocial behavior of the spouse.

The procedure for making a decision by the court on this issue and its consequences are also clearly defined by law. The decision itself has sufficient grounds for the appointment of a trustee, who is the legal representative of such a person, and is obliged to act in his interests.

Rights of a person with limited legal capacity

Independently, a citizen in this status has the right:

manage personal income regardless of its source;
make small transactions of a household nature (buying groceries, etc.). With the permission of his guardian, a citizen of this status has the right:
claim the rights to the results of your own intellectual activity;
make deposits in credit institutions and manage these funds;
receipt and use of personal income (pension, scholarship, etc.).

Consequences of restricting the legal capacity of a citizen

The legal capacity of a citizen cannot always be limited. Depending on the basis for obtaining the status of a citizen with limited legal capacity, there are a number of consequences:

Limitation of the legal capacity of a minor. Disposal of personal funds of a minor(s) with limited legal capacity is possible only with the written permission of an official representative.
Limitation of legal capacity due to addiction to gambling, alcoholism or drug addiction. If legal capacity is limited due to any dependency to a family bearing a loss, the citizen has the right to independently carry out small household transactions (purchases of food or clothing).
Restriction of legal capacity due to a psychological disorder of a citizen. In this case, the citizen is not allowed to take any independent actions related to finances at all, except for purchasing clothes or groceries. In all other cases, written permission from the trustee of the person with limited legal capacity is required.

Cancellation of limited legal capacity

A citizen limited in legal capacity by a court has the right to cancel this status in court. This is possible only if you recover from a mental illness or get rid of addiction (alcohol addiction, drug addiction, gambling addiction).

What does that require?

To return to the status of a fully capable citizen from a partially capable citizen, you must:

Conduct a medical examination, which results in a verdict that the person is completely healthy and has no addictions or mental disorders.
Apply to the court with a corresponding application from a representative of a person with limited legal capacity.
Wait until the end of the trial, after which it will be determined that the person is ready to lead a full life.

When can you apply to the court to restore full legal capacity?

A situation may arise when the abolition of limited legal capacity is forced, but within the framework of the legislation of the Russian Federation. This situation is associated with the loss of family. Since one of the main reasons for the status is harm to the financial situation of the family, a single person without a family cannot be assigned the status of limited legal capacity. After the loss of a family, a person is recognized as single, which means that he cannot continue to bear the status of a citizen of limited legal capacity. In the judicial process to revoke limited legal capacity, representatives of the guardianship authorities, or official representatives of this person, must be present.
A person can reconsider his life and his attitude towards addiction (alcohol, drug or gambling addiction). In this case, appropriate evidence and confirmation of the guardians in court is needed. After this, the court will consider this application to restore the person’s full legal capacity and render its verdict upon completion.
Challenging one's limited legal capacity for a minor to be able to independently, fully use their earned funds (scholarship, benefits, wages, etc.) without written confirmation from a guardian.

Recognition of placement in a psychiatric hospital as illegal.

Article 29 of the Law of the Russian Federation dated July 2, 1992 N 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision” establishes the grounds for involuntary hospitalization in a medical organization providing psychiatric care in an inpatient setting.

By virtue of this article, a person suffering from a mental disorder may be hospitalized in a medical organization providing psychiatric care in an inpatient setting, without his consent until a judge’s decision, if his psychiatric examination or treatment is possible only in an inpatient setting, and the mental disorder is severe and causes :

his immediate danger to himself or others, or
his helplessness, that is, his inability to independently satisfy the basic needs of life, or
significant harm to his health due to a deterioration in his mental state if the person is left without psychiatric help.

In the absence of the above grounds, placement in a psychiatric hospital is illegal. Theoretically, you can try to initiate a review of the legality of the founder’s placement in a medical organization by contacting the prosecutor’s office. At the same time, the statement should very carefully indicate possible signs of violations on the part of relatives, so that this is not classified as a deliberately false denunciation.

Most likely, such a check in itself will not stop inpatient medical observation, but it will allow us to establish his whereabouts and further contact with him.

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Guardianship and trusteeship

Since a citizen with limited activity cannot independently, fully carry out many actions, a specially appointed person is assigned to him, who monitors the adequacy and purposefulness of the actions of a person with such status.

A guardian is issued either to a minor or to a person with limited legal capacity due to mental illness.

The essence of a guardian is to protect a person with limited activity from actions that pose risk and danger to him or to society.

His responsibilities include monitoring the spending of funds of a person with limited activity. If necessary, issue written permission for a particular purchase of a non-domestic nature, as well as receiving money instead (scholarship, salary, benefits, etc.).

Underwater rocks

When initiating a judicial procedure, you may encounter the following difficulties:

Citizens often find it difficult to draw up a claim correctly because they do not have the appropriate legal education. To write an application correctly, it is better to seek help from specialists.
A citizen placed in a specialized institution is not granted guardianship. Therefore, if it is necessary to represent the interests of a citizen, it is necessary to wait until he undergoes a course of treatment. During this period, the role of guardian is performed by the head of the institution.
To register guardianship, you need to collect a package of documents. This role can be taken on not only by a relative, but also by a stranger. But he must meet the requirements established by regulations for guardians and trustees.