Each individual lives in society, has rights and obligations. A person is connected with society, therefore, must understand his responsibility to him. If a person does any harm to society by her behavior, then the list of human rights and opportunities can be artificially limited.
What is legal capacity? citizen?
The concept of legal capacity is considered in civil law as a state of a person, allowing him to realize himself in society. According to Art. 21 of the Civil Code of the Russian Federation, legal capacity is the ability of a citizen to acquire and exercise civil rights through his actions, as well as to have obligations to society. In general, legal capacity arises when a person turns 18 years old. It is from this age that a citizen begins to independently and completely bear responsibility for his life. Of course, there are times when full legal capacity comes earlier than at the age of 18. This refers to marriage. It is clear that gaining such a social status, the person is fully responsible for her actions, therefore it is logical that she fully possesses all the rights provided for by law and fulfills the duties assigned by the state.
Disability: Rules Exist
Article 22 of the Civil Code of the Russian Federation provides that no one may be limited in his legal capacity without following a certain order. It follows that the legislator has provided certain rules, subject to which limiting the capacity of citizens can be considered legal. How do we imagine a situation where a person is deprived of certain rights? Firstly, it is imperative that there is some kind of tight control on the part of relatives or other people with whom the person lives. For example, a person may not be allowed out of the house or constantly accompanied in public places. The person will not be able to fully communicate with those people with whom she was friends until a certain point.
You can talk about many other points. Citizens restricting the freedom of action of another person must have legal grounds for this. It is possible to limit a person’s ability to have rights and, accordingly, duties only by court order.
Grounds for limiting the legal capacity of citizens
In order to deprive a person of the possibility of socialization in society, people who want to do this must provide the court with a strong evidence base. Article 30 of the Civil Code of the Russian Federation provides for cases when a person can be restricted in his rights:
- excessive passion for gambling;
- alcohol abuse;
- drug addiction;
- mental disorder.
The first three reasons directly threaten the material situation of the family in which the person lives. A person playing gambling sooner or later will owe someone a large sum of money. Of course, there will be no funds to pay off the debt, so the citizen will slowly take expensive things out of the house. The proceeds from the sale of these things will go to repay the debt. In principle, the same applies to the second and third reasons, which entail a limitation of legal capacity. Drugs are very expensive, and with an increase in the "experience" of their use, a person needs a large dose. Money is also required to buy alcohol. At first, a person may not feel material problems, but over time, an addict or an alcoholic will lose his job, then theft will begin, including from his own apartment.
When a person has a mental disorder, they can also be limited in their legal capacity. This is natural, because he cannot fully control his actions and be responsible for them.
Establishment of guardianship and rights of “wards”
By the decision of the court over a person with limited freedom of action, a guardian is appointed, who bears full responsibility for him. By the way, the main goal of the institution of guardianship in this case is not control over the actions of a person, but the protection of the rights and interests of a person, since he cannot do it himself. Note that article 30 of the Civil Code of the Russian Federation provides for a certain amount of "freedoms" for such citizens. If the restriction of legal capacity by the court is not associated with a mental disorder, then the person has the right to make small domestic transactions and is responsible for the harm that he caused to people or their property.
That is, no one can forbid a citizen to go to the store to buy bread, newspaper, etc. Moving around the city is also not limited. The restriction applies to the purchase of expensive goods. A person will not be able to buy a TV or refrigerator without the permission of the guardian. The ward is limited in material costs, because he cannot independently receive the income that he received earlier or reappointed payments related to the restriction.
A person with limited legal capacity due to a mental disorder has a little more freedom. What does this consist of? He can independently manage his income (salary). Such person shall dispose of social payments and alimony assigned to his maintenance upon written permission of the guardian. Small household transactions, too, no one forbids to make.
Disability - Absolute Limitation
Restriction of legal capacity, recognition of a citizen as legally incompetent - these are close, but not identical concepts. What is their difference? The fact is that according to Art. 29 of the Civil Code of the Russian Federation recognized as incompetent is a person who absolutely cannot understand the significance of his actions or direct them. A person is deprived of the right to spend his money, respectively, cannot even commit small household transactions. All actions on his behalf are performed by the guardian. When improving the health status of a citizen, the court may recognize him as having limited legal capacity. In this case, he will already be able to have limited independence and not so much depend on other people.
Conclusion
Restriction of citizens' legal capacity or recognition of a person as incompetent is a serious restrictive measure, which is aimed at protecting the interests of a citizen's family. Such a measure will also benefit the person herself. In the event of an improvement in health status, restrictions may be lifted by court order.