Restriction of a citizen's legal capacity, recognition of a citizen legally incompetent - these are processes that are not so rare in Russia. Moreover, acts entail certain negative consequences. For example, a person’s rights are partially taken away. That is, he alone will no longer be able to make decisions, either in full or in part. This should be considered. What you need to know about the limitation of legal capacity, as well as the recognition of a person as completely incompetent?
In law
In fact, do not be afraid of the previously mentioned terms. Yes, these concepts for an adult can seriously ruin life. But at the same time, each of us willingly or unwittingly familiar with them.
Indeed, according to the law, all children are initially incapable - parents or legal representatives are fully responsible for their actions. Partial legal capacity begins with age, then, by the age of 18, full capacity. A person is able to manage his own life and bear responsibility for the committed acts.
In fact, restricting a citizen’s legal capacity , declaring a citizen incompetent means putting him in a “child” state.
Effects
In our country, the complete cessation of legal capacity was previously considered. In other words, in one case or another, a citizen was given the status of a legally incompetent person. But in 2015, certain changes took place in the Russian legislation. And now many can only partially be limited in their rights.
What does this affect? What is fraught with the limitation of legal capacity (recognition of a citizen as incompetent)? The consequences depend on what kind of status a person receives during recognition. Complete incapacity is the inability to perform any legally significant actions. For example, a person will not have the right to dispose of his pension. All transactions for the legally incompetent are made by a legal representative or guardian.
Disability has less negative consequences. This is only a partial prohibition of legal transactions. Most often, such acts are allowed after the approval of the legal representative. At the same time, simple household operations can be done without additional permissions.
Who can be recognized
Restriction of legal capacity, recognition of a citizen as legally incompetent - these are actions that are realized only in relation to certain individuals. For example, these measures in Russia do not apply to minors. They, as already mentioned, are initially incapacitated and partially limited in rights.
Under certain circumstances, they have the right to recognize any adult as partially or fully incompetent. In other words, this measure applies exclusively to adults. It doesn’t matter what age - young or retirement.
Reasons for Recognition
What does it take for a citizen to be declared legally incompetent? At the moment in Russia there are only 2 real reasons that help to translate the idea into reality:
- a citizen is not able to realize his actions himself, cannot control them;
- a person has some kind of mental illness.
In practice, all that has been said above can be understood as the inadequacy and danger of a citizen to others. Old people, by age, or rather, health status, may also be recognized as incompetent or limited in rights. If the disease is not too serious, then we can only hope for limitation of legal capacity.
Partial legal capacity
Accordingly, it is far from always that a person in the presence of any deviations from the norm completely takes away legal rights. Sometimes partial legal capacity takes place. With her, as already mentioned, a person is able to make some transactions without the approval of a legal representative.
It is clear that such a recognition of a legally incompetent citizen. The reasons for this have been listed. But what about the limitation of legal capacity? Here, as a rule, only 2 conditions also apply:
- the presence of a mental disorder (not serious);
- the person’s ability to realize and control their actions with outside help.
As a rule, partial legal capacity is observed among older people and people with disabilities. If a person is restricted in his rights, this does not mean at all that the citizen is inadequate.
Who can apply for recognition
Recognizing a person as legally capable and incompetent is not such a simple process. Not everyone can apply to the relevant authorities with a request to restrict human rights.
There is a generally accepted list of persons and organizations that have the authority to commit this act. What do you need to know about applicants who have the right to write a statement according to which a restriction on the citizen’s legal capacity will be accepted (recognition of the citizen incompetent)? So, they can ask for help:
- spouses
- people living with this person;
- brothers and sisters;
- parents;
- adult children (or emancipated);
- guardianship services;
- psychiatric medical facilities;
- places of permanent residence for the disabled.
They are the ones who have the right to apply for recognition of a relative or ordinary citizen as incompetent or partially limited in rights. Just like that, no one can blame a citizen for inadequacy. Also, those who have already suffered from inappropriate human actions are sometimes referred to this list.
Influence factors
What is the procedure for declaring a citizen incompetent? The restriction of rights is a serious step, and the complete lack of legal capacity is considered an extreme measure of punishment. Therefore, each situation is considered separately. What is the attention of the authorities that applied with the appropriate statement?
There are several factors, and among them the following points are distinguished:
- the presence of mental disorders or mental illness;
- the relationship between the actions of a citizen and the influence of the disease on behavior;
- any factors that may confirm or refute the person’s ability to be responsible for their own actions;
- reaching a certain age when a citizen is usually recognized as incompetent;
- other components that may affect the decision (for example, testimony).
In fact, in order to recognize a person as inadequate, you need to try pretty seriously. After all, if this is not so, then no one will either completely abrogate the rights of the citizen or restrict them.
Where to go
How does a citizen become legally incompetent? The reasons for contacting the relevant organization are already known. But what else should citizens know about the process under study?
The previously listed persons have the right to appeal to the so-called forensic medical examination. By its decision, a person is recognized as legally incompetent or partially legally incompetent. Initially, a corresponding action will be required to apply to the court - district, at the place of residence. Or to the judiciary at the location of the psychiatric hospital in which the potential legally incompetent person is located. This is the only way to succeed.
How does a citizen's legal capacity restriction / recognition of a citizen incompetent? The order is simple. It is enough to go to court. A forensic medical examination is the main point in the whole process. It is impossible without it, even if inappropriate behavior is noticeable with the naked eye.
What is required in court
How is the restriction of legal capacity and recognition of a citizen incompetent? The grounds, order, consequences and persons who are able to bring the idea to life are already presented to your attention. In fact, a regular lawsuit is not enough. Will have to prepare in advance.
What can a plaintiff demand? Of course, evidence that can indicate a person’s inability to adequately assess the situation. Among these documents usually are:
- medical examination conclusions (pre-trial can be first);
- certificates from medical institutions on the state of health of a citizen;
- documents indicating the registration of a person in a psychiatric hospital;
- papers that confirm the inability of a person to adequately evaluate their actions: testimonies, materials of the investigating authorities, conclusions of various organizations.
Also, if a person is a danger to others and has beaten or injured someone, you need to bring the relevant documents to the court that confirm this. Usually it is medical certificates that play the main role during the final decision.
How the trial goes
Limiting the capacity of a citizen, recognizing a citizen as legally incompetent is a process that takes place according to a certain algorithm. Citizens participating in the court must go through the following steps:
- collection of evidence of inadequacy of the defendant;
- filing a claim (an identity card of the applicant, his SNILS and evidence will be required);
- statement of the plaintiff;
- giving the floor to the prosecutor and the guardianship authority (they must be present);
- testifying the defendant with a justification of his conduct;
- reading out medical indications and opinions submitted to one or another body;
- hearing witnesses;
- explanations of issued medical certificates on the condition of the defendant by the doctor (if he was invited, not necessarily, but preferably);
- the adoption of a decision on the limitation or deprivation of legal capacity.
In fact, the process is extremely difficult. It is far from always possible to recognize a person as incompetent. Sometimes during a court session it turns out that a citizen tried to cover up his actions with inappropriate behavior intentionally.
After the trial
Now it’s clear what it means to be recognized as partially capable or incompetent, in general. As soon as the court makes a decision, the countdown will begin - 1 month. Within the next 30 days, starting from the moment the judicial opinion is issued, the citizen has the right to appeal it to higher instances.
After the specified period, a person is recognized as legally incompetent or partially legally incompetent. Guardianship and trusteeship over a citizen is established by the relevant authorities, and guardians must be appointed within 3 months. Until this happens, the guardianship authorities are responsible for the limited in rights or completely incompetent.
This is how the citizen’s legal capacity is limited. Recognizing a citizen as legally incompetent is a responsible matter that requires serious action.