Today we learn what capacity is. And about such a thing as the legal capacity of a citizen, also have to talk. These two terms are extremely important for modern man. Therefore, everyone should know about them. Including teenagers. So what is the capacity of a citizen? What does it affect? How is it characterized? And what about legal capacity? About all this further.
Legal Notion
Let's start with the simplest. This is legal capacity. In fact, everyone is familiar with this term. But not everyone knows the correct wording. The thing is that the legal capacity of a citizen is his ability to have civil rights and obligations, as well as bear a certain responsibility. Nothing complicated, right?
That is, as soon as you have rights to something, you can say that this is legal capacity. Perhaps it is available to all citizens without exception. With no exceptions. Yes, depending on age and status in society, the “list of opportunities” changes somewhat.
When does it come?
Legal capacity and legal capacity are two concepts that are important for a modern person in society. They are different from each other. Especially when it comes to the timing of "entry".
For example, the ability to have civil rights appears in a person from birth. Or, if you were previously a citizen of another state, from the moment you received Russian citizenship. There is nothing particularly difficult to understand here. Nobody can take legal capacity. This is a kind of natural privilege, which is vested in everyone and everyone. So there is nothing special here. Do you have a right to something? Then you are fully qualified. Regardless of your age and status.
Description of legal capacity
Well, what is legal capacity? This concept interests many. After all, it is precisely it that appears in many judicial aspects and proceedings. Honestly, everything here is also not very complicated. The main thing is to clearly understand the difference with legal capacity.
Legal capacity is the ability to independently be responsible for one’s actions to the state. That is what they say in simple terms. But if you rely on a scientific definition, then the capacity of citizens is nothing more than the opportunity to participate in civil law relations. Of course, with the advent of some duties and responsibilities. We can say that this term is extended legal capacity. And not everyone has it.
Offensive
Unlike legality, the second term “appears” later. It is sometimes found in the wording "civil capacity". It comes much later than legal capacity. Full legal capacity, as practice shows, arises when a citizen reaches 18 years of age. From this period, a person is considered to be an adult and communicate with him on an equal footing. This is no longer a child, but a fully formed personality, who is now fully responsible for his actions before the law and the state.
True, not everyone understands what capacity is. And very often in parents this term generally loses all meaning. But more on that later. It is worth noting that the legal capacity of a person can be full and partial, as well as early. Like this? What does that even mean?
Partial legal capacity
In Russian law, there is such a thing as partial legal capacity. It occurs in a certain period of time inevitably. And this applies to all citizens living in the country. Legal capacity, of course, arises at birth, full legal capacity - from 18 years. A partial what time?
It is generally accepted that from the age of 14 years the child is already partially legally capable. It is at this moment that he receives his first important identification document - his own passport. And, if you think carefully, from now on, the child will have to draw up all his important papers on his own. The presence of parents is no longer necessary. Thus, remember: partial capacity of individuals occurs at 14 years. Neither earlier nor later.
Ahead of time
However, as already mentioned, some citizens have the opportunity to obtain legal capacity in full in advance. Before they reach their 18th birthday. How exactly to achieve this? Whether it is necessary? What does it give?
What is legal capacity, we have already figured out. You can achieve it ahead of schedule. But there are a lot of conditions. And even a separate term was invented, which characterizes the legal capacity (full), which came before the age of 18 of a citizen. This is emancipation.
Almost every citizen is capable of applying for it. More precisely, such an opportunity is available to all persons aged 16 years. But the conditions for emancipation are pretty tough. They are not for everyone. In order not to understand the details for a long time, it can be said briefly and clearly: if a child at the age of 16 works and is able to fully secure his life, as well as a "roof over his head," he has the right to go to court for emancipation. Particularly interesting cases are marriage and the birth of a child. It turns out that if a teenager himself is able to earn a living and lead a completely “adult” lifestyle, from the age of 16 he has the right to emancipation. Practice is not the most frequent, but it exists.
Differences
Legal capacity and legal capacity have some differences from each other. And the thing is far from being the age when this or that status was obtained. And in larger moments. Of course, age also plays a role. We found out - legal capacity arises at birth, legal capacity - at 14 (partial), at 16 (in case of emancipation) and at 18 years of age. Depending on the situation. But it is generally accepted to consider the onset of legal capacity from the 18th birthday. What else is important here?
With legal capacity in childhood, parents are fully responsible for the citizen. That is, they will be responsible for violations before the law. And no one else. With legal capacity, a citizen will independently understand this or that situation. No one has the right to answer for him in the face of the law.
In addition, the capacity of citizens can be selected by court order. There are many nuances to consider. For example, with a medical opinion about illnesses of the psyche and danger to society, you may be deprived of legal capacity. Restoring it later is almost impossible. There is such a feature, but few are able to bring it to life.
But no one can take legal capacity. Even by court order. It is easy to limit a person to something and somehow. And completely deprive of the rights - no. In no case and under any circumstances.
Also note: legal capacity does not depend at all on any factors. And it cannot be transmitted from one person to another. Separate it from the person does not work. But legal capacity is easy. It has already been said that it can be lost by court order. A person is recognized as capable, based on 2 factors: psychological state and age. Nothing difficult, right? Legal capacity (as usual) can be transferred from one person to another. For example, "sale of debt." The most common case is when debt obligations are transferred to another person.
Disturbances in life
Unfortunately, in Russia, especially when it comes to children, legal capacity loses its power behind the scenes. That is, according to the law, it exists, but it is still not allowed to use all its privileges and opportunities.
This is quite common. According to Russian law, a person who has reached the age of 18 is considered legally capable.That is, from this moment he is on a par with his parents and other older citizens. This is no longer a child. But in Russia, parents do not recognize this. And they recall the capacity of a citizen only when it is beneficial to them.
That is, how to make decisions on your own - where to go to study, how to live, dress, work (all within the framework of the law), so a citizen at the age of 18 is a child. And as some help or additional income is needed for the parental family, so "you are already an adult, you are obliged." Wrong position to fight against. Yes, a person at the age of 18 is not always ready for adulthood. But his initiative and craving for this cannot be stopped. This is a direct assault on his rights. Practice shows that only in rare cases such court proceedings are generally considered. Due to modern stereotypes, children, even after reaching legal capacity, are most often limited in their actions. And tough. And this continues until the "universal scandal with slamming the door" is ripened, and also until the child breaks out of the parental nest. In general, until he runs away from parental care in any way.
Summary
So we found out what the legal capacity and legal capacity. In general, from a legal point of view, we dealt today with 2 components of legal personality. But for its availability there are still some conditions. For example, sanity and tort. The last term here means the ability to answer for civil violations.
As you can see, legal capacity is a vague concept in itself. And it does not always occur in Russia when it is supposed to. Very often the capacity of the young generation is impaired. And you have to deal with it only on your own and radically. In court, such violations are almost not considered.
