State legislation is designed to safeguard interests and protect the health, life and tranquility of citizens. This unpopular law can protect families from very common misfortunes such as drunkenness and alcoholism, relatives with mental changes.
Reasons depriving a person of part or all of civil rights
People with mental disorders often inadequately cope with life situations. If they own any property or have access to family finances, they often become victims of all kinds of scammers. To protect the family from surprises, relatives are sometimes forced to resort to the method of restricting or completely depriving such a person of legal capacity.
Chronic alcoholics and drug addicts in fact always put the family on the brink of poverty. Although this is not traditional for the Slavs, sometimes some of the cohabiting people sue the pseudo-breadwinner.
Violent, aggressive seizures of a sick person force to deprive him of his legal capacity.
The inability of a teenager to rationally spend the money earned or received by him also forces his parents to deprive him of the opportunity to receive them.
Limit on the capacity of a citizen
What does this mean? A person with this status is denied access to large sums of money, earnings, cannot conclude transactions requiring legal certification, without the approval of his actions by a second person. The trustee adjusts his plans, controls all activities, only after approval by the guardianship authorities issues a permit for operations that reduce the size of the ward's property. The trustee is authorized to demand the cancellation of the contract, which was concluded without his knowledge or against his will. However, he can retroactively confirm the legitimacy of the transaction, the results of which are beneficial for the ward.
A person with limited legal capacity has the ability to:
- make small purchases;
- accept minor gifts;
- spend money issued by a person who is baking about him for a targeted purchase or at his own discretion.
Having obtained permission from the trustee, a citizen whose rights have been cut back may:
- study;
- work;
- make large purchases;
- accept valuable gifts;
- spend earned money.
Compensate for damage in accordance with Art. 29 of the Civil Code of the Russian Federation such a citizen is obliged himself. If it is a minor, then all or part of the loss can be paid by the parents of the adolescent or persons performing their duties.
Complete disability
It is advisable to deprive a person who is not aware of his actions and their consequences. This condition is inherent in people with an unstable psyche. After the deprivation of legal capacity of such a person, all rights and responsibilities of ordinary citizens become inaccessible to him.
The appointment of a guardian is the only possible way out in this situation. The guardian must consent to such duties. A psychoneurological boarding school can also take on this function. The guardian will be considered its director. Whoever takes care of such a sick person, he:
- provides the ward with products, clothes;
- creates comfort for him;
- Participates in profitable deals.
The procedure for deprivation of legal capacity or its limitations
It is possible to limit a person in legal capacity or to deprive her completely in court. The plaintiff registers a statement requesting a hearing of such a case at the defendant's place of actual residence.Having considered the motivating reasons, the court either accepts the case for consideration or rejects the claim.
If the requirement consists in the deprivation of legal capacity, an expert examination shall be appointed. After receiving its findings, the court notifies both parties where and when the proceedings will take place. In practice, the process of deprivation of legal capacity on average takes 4-8 months.
Court members
Require restrictions or incapacitation may:
- family members of the defendant;
- guardianship authorities;
- medical facility.
A husband, wife, mother, father, adult children and other persons who manage material resources together with an individual on a common living space are considered members of his family.
Recognition of a citizen as legally incompetent in court at any instance takes place with the assistance of the claimant, guardianship authorities, the prosecutor. The person being discussed is heard. Failure to consider his opinion would be an indisputable argument for a review of the case. Sometimes the defendant is replaced by his representative, notarizing his credentials. The presence of a medical expert is necessary for the deprivation of legal capacity.
If neighbors, a trade union, separately living relatives or someone else want to limit the legal capacity of a drug addict or a solitary alcoholic who is alone, they should provide sufficient materials to the guardianship and trusteeship bodies and be participants in the trial. At a public meeting, witnesses may be present.
Statement
This is the most important document, on the reasonableness of which depends on the initiation of the trial.
It includes:
- name of court;
- information about the applicant (indicated in the identity card);
- a document confirming the representation from the guardianship and trusteeship authorities;
- documents certifying family ties;
- information about the person whose further status is expected to change;
- facts confirming the applicant's complaints;
- a request for limitation or deprivation of legal capacity of a citizen;
- duty receipt;
- evidence documents.
Evidence of systematic drunkenness, drug or gambling addiction, squandering
All these flaws can be proven with:
- witness testimony;
- expert opinions;
- extracts from medical diagnoses;
- administrative acts;
- police records;
- copies of official penalties;
- extracts from the dismissal order for rude behavior;
- videos
- characteristics issued by the boss;
- certificates of income of the accused and his family members.
Diagnoses such as "alcoholism" are optional. It is enough to trace the relationship between the abuse of such activities and the deplorable material condition of the family. The case when the family itself copes with difficulties, but the citizen in question does not participate in the payment of utility bills, rent, maintenance of minor children or, in general, is dependent, does not save the accused from satisfying the plaintiff's request by the court.
To limit the teenager's legal capacity from 14 to 18 years of age, evidence is needed that he spends a stipend, a salary, other income is unreasonable, if not harmful (mainly for cigarettes, alcohol, drugs).
Adults with mild mental health problems can be wasteful. They expose their unreasonable purchases or sales, documented transactions, testimonies of witnesses about the executed or planned purchase / sale acts, about unfulfilled obligations.
Evidence of a lack of understanding of the significance of their actions and inability to lead them
Article 29 of the Civil Code of the Russian Federation states that this is what makes it incapacitate a person. Means conducive to such a decision are:
- certificates from the clinic;
- conclusions of neuropsychiatric hospitals;
- witness's testimonies;
- recorded facts of inappropriate acts;
- extract from the court decision on the replacement of the punishment for a criminal offense by compulsory stay in a neuropsychiatric institution.
Expertise
When examining in court a person who is addicted to alcohol or drugs, there may be a need for a narcological or neuropsychiatric examination to identify the need to limit the citizen's legal capacity. The initiator of this action is usually the applicant. Consideration of a case of deprivation of legal capacity is impossible without a comprehensive forensic medical examination. A citizen who stubbornly avoids carrying it out can be forced to undergo examination in a hospital.
Consequences of a Verdict
A month is provided for the preparation and filing of an appeal. Within three days, the court shall officially notify the guardianship authority of the ruling.
This body is obliged to find for a person limited in the legal capacity of a trustee, and for a person deprived of it - a guardian. Now all significant problems will be resolved through them.
Restoration of rights
The processes of limitation and disability are reversible. The reason for the restoration of status may be a statement to the court of the trustee, guardian or medical organization with a request for the return of legal capacity. With the elimination of the reasons contributing to the loss of civil rights, a person returns to normal life. The trustee and guardian appointed to comply with the benefits and safety of the citizen at the time of his painful condition, relieve themselves of their authority.