What should be the basis for limiting the legal capacity of a citizen? The capacity of citizens. Restriction of legal capacity and recognition of a citizen as incompetent. This can be proven with documents

Article 30 of the Civil Code:

"1. A citizen who, due to the abuse of alcoholic beverages or drugs, puts his family in a difficult financial situation, may be limited by the court in legal capacity in the manner established by civil procedural legislation. Guardianship is established over him.

He has the right to independently carry out small household transactions.

He can make other transactions, as well as receive earnings, pensions and other income and dispose of them only with the consent of the trustee. However, such a citizen independently bears property liability for the transactions he has made and for the damage he has caused.

2. If the grounds on which the citizen was limited in legal capacity no longer exist, the court cancels the restriction of his legal capacity. Based on a court decision, the guardianship established over the citizen is cancelled.

In the Russian Federation, the institution of restricting a citizen’s legal capacity was contained in pre-revolutionary legislation. The basis for limiting legal capacity then was wastefulness and drunkenness, when habitual drunkenness deprived a citizen of the ability to act judiciously in relation to transactions and management of his property or threatened to plunge him or his family into distress.

Limitation of a citizen's legal capacity in the presence of certain conditions is provided for by the legislation of many countries.

As a general rule, the institution of limitation of legal capacity is enshrined in the Civil Code in relation to the legal capacity of an adult citizen.

The meaning of this kind of restriction comes down to the fact that, in general, the citizen’s legal capacity is retained, but the commission of certain actions is placed within certain limits (boundaries). A similar restriction mechanism is used in relation to cash, i.e. already achieved legal capacity and applies only to its individual elements. For example, if there are certain grounds in court, a minor can be limited or deprived of the right to independently dispose of his earnings, scholarship or other income (clause 4 of article 26 of the Civil Code). But the restriction of legal capacity applies only to a person who already has legal capacity during the period of its limitation, since it is possible to limit only what already exists.

According to this Limited legal capacity is determined by the following criteria:

• 1) applies only in relation to the amount of legal capacity achieved during the limitation period, i.e. current legal capacity;
• 2) can be applied only on the grounds provided for by law, and exclusively in court;
• 3) initiated by a circle of persons directly provided for by law;
• 4) is canceled if the grounds on which legal capacity was limited no longer exist, i.e. The rule regarding the retroactive effect of restrictions and restoration of legal capacity applies.

Establishing the limited legal capacity of persons who abuse alcohol or drugs has two goals:

• an indirect measure to combat alcoholism and drug addiction;
• protection of the interests of persons who, to one degree or another, depend financially on a person who abuses alcohol or drugs.

If the court receives objective evidence that a person has stopped abusing alcohol or drugs, it has the right to fully restore his legal capacity.

Considering the fact that restricting the legal capacity of an adult citizen is a significant invasion of his legal status, its establishment by law is permitted if there are serious grounds for it. The prerequisites for making such a decision are exclusively social in nature and have no relation to the medical aspects of the problem of alcoholism and drug addiction.

The first and necessary condition for raising the issue of a person’s limited legal capacity in court is the fact of his abuse of alcoholic beverages or narcotic substances. The corresponding article of the Civil Code does not stipulate the mandatory presence of chronic alcoholism or drug addiction in a given person, as well as dispensary registration in this regard. Only alcohol or drug abuse, which is in conflict with the interests of the family and leads to its difficult financial situation, gives the right to limit the legal capacity of a given person. At the same time, the abuse of alcoholic beverages (drugs) is considered as such excessive or systematic use that is contrary to the interests of the family and entails unaffordable expenses for their purchase, which causes financial difficulties and puts the family in a difficult financial situation. If the family does not receive the necessary material support from the abusive citizen or is forced to support him in whole or in part, then the availability of earnings or other income from other family members is not in itself a basis for refusing to limit the legal capacity of the abusive citizen.

A cause-and-effect relationship between the fact of a person’s abuse of alcohol or drugs and the difficult financial situation of his family is a prerequisite since the main purpose of recognizing a person as having limited legal capacity is to protect the interests of the family, which financially depends on this person.

Since the person whose legal capacity is limited is a participant in family legal relations, the legislator associates the possibility of restriction with the difficult financial situation of the family caused by excessive spending of funds. S. N. Bakunin believes that in these cases it is advisable to be guided by the provisions of federal laws dated October 24, 1997 No. 134-FZ “On the subsistence level in the Russian Federation” and dated March 31, 2006 No. 44-FZ “On the consumer basket in general for the Russian Federation ", according to which the consumer basket for the main socio-demographic groups of the population (working-age population, pensioners, children) in Russia as a whole is determined at least once every five years.

The cost of living per capita and for the main socio-demographic groups of the population in general in the Russian Federation and in the constituent entities of the Russian Federation is determined quarterly on the basis of the consumer basket and data from the federal executive body for statistics on the levels of consumer prices for food, non-food goods and services and expenses for mandatory payments and fees.

The consumer basket contains a minimum set of food products and non-food services necessary to maintain human health and ensure his life. In the constituent entities of the Russian Federation, it should be established taking into account natural and climatic conditions, national traditions and local characteristics of the consumption of food, non-food goods and services.

Accordingly, if, as a result of the purchase of alcoholic beverages or drugs, the consumption basket of a family member is below the established level, then the courts have the right to decide to limit legal capacity.

The difficult financial situation of a family can also be assessed not from the point of view of its general wealth and the presence of other income, but as the family’s failure to receive funds from a specific family member - an abusive citizen, as a result of which the family is forced to support him and spend their budget on his addictions. Thus, the difficult financial situation of a family is a significant deprivation of the family of what it could have received if the citizen had not abused alcohol or drugs, a deprivation that ultimately leads to impoverishment.

Limitation of legal capacity is possible only in the presence of two specified factors - cause (alcohol or drug abuse) and consequence (difficult financial situation of the family). The absence of one of them, including drunkenness of a citizen or the difficult financial situation of the family, caused not by alcohol or drug abuse, but by other reasons, for example, the need to repay a loan, pay alimony, ruin, etc., is not a sufficient basis for limiting the legal capacity of a citizen . It is also excluded under other circumstances not specified by law - risky business, gambling, various hobbies. And although such addictions and hobbies can be no less costly for a family than alcohol or drug abuse, in these cases a citizen cannot be limited in legal capacity. Revision of Art. 30 of the Civil Code has the exclusive nature of the rule formulated in it, which does not allow for a broad interpretation of the grounds for limiting legal capacity and the use of analogies of the law (clause 1 of Article 6 of the Civil Code).

Guardianship is established over a person with limited legal capacity. Since when legal capacity is limited, transactional capacity is limited, a citizen cannot independently, without the consent of the trustee, sell, bequeath, exchange, buy property, make other administrative transactions (except for small household ones), independently receive a salary, pension, other types of income (royalties, amounts due for performing work under a contract, other remuneration, all kinds of benefits, etc.) and manage their income (clause 1 of Article 30 of the Civil Code). Those with limited legal capacity can independently carry out only small everyday transactions, therefore their independence in civil transactions is inferior even to the capabilities of minors (cf. paragraph 2 of Article 28 of the Civil Code). At the same time, with the consent of the trustee, they can make other transactions. In this they are comparable to persons aged 14 to 18 years (cf. paragraph 1 of article 26 of the Civil Code).

A transaction for the disposal of property made without the consent of the trustee by a citizen whose legal capacity has been limited by the court due to alcohol or drug abuse may be declared invalid by the court at the claim of the trustee (clause 1 of Article 176 of the Civil Code). These rules do not apply to small household transactions, which a citizen with limited legal capacity has the right to carry out independently in accordance with Art. 30 GK.

Current legislation does not deprive a citizen of limited legal capacity of the right to spend funds belonging to him. Revision of Art. 30 of the Civil Code is such that it does not provide the trustee with the opportunity to receive funds due to the ward as income. In other words, the trustee does not have the right to collect the wages of such a person; he can only refuse to consent to receiving the wages. In the latter case, the ward's income will accumulate with the employer or in a bank account, presumably until the restriction of legal capacity is lifted.

The Civil Code does not contain a definition of the concept of a small household transaction. Usually they are understood as transactions aimed at satisfying ordinary, everyday needs and of insignificant amount. When establishing the insignificance of the transaction amount, it is proposed to proceed from the minimum wage established by law."

Limitation of legal capacity does not affect delictual capacity: a citizen limited in legal capacity is independently responsible for transactions made and for damage caused (clause 1, article 30 of the Civil Code), can marry, but is deprived of the opportunity to adopt (clause 1, article 127 CK).

Limitation of the legal capacity of citizens is determined by the court in the manner established by the Code of Civil Procedure(vv. 281-286). A case of restricting a citizen’s legal capacity due to alcohol or drug abuse can be initiated on the basis of an application from members of his family, the guardianship and trusteeship authority, a psychiatric or psychoneurological institution (Part 1 of Article 281 of the Code of Civil Procedure). As practice shows, cases to recognize persons as having limited legal capacity are, as a rule, initiated by prosecutors. Public organizations, as well as guardianship and trusteeship authorities, and psychiatric treatment institutions rarely use the right granted to them by law to initiate such cases. The application is submitted to the court at the place of residence of the citizen, and if the citizen is placed in a psychiatric or psychoneurological institution, then at the location of this institution (Part 4 of Article 281 of the Code of Civil Procedure).

In Part 1 of Art. 282 of the Code of Civil Procedure defines the requirements that must be met by an application to recognize a citizen as having limited legal capacity. It must set out the circumstances indicating that a citizen who abuses alcohol or drugs puts his family in a difficult financial situation. In addition, the courts must have the following materials: testimony of the applicants reflecting the facts of excessive abuse of alcohol or drugs, as a result of which the family of the person in question suffers severe material damage; materials about violations of public order by this person; an inspection report on material living conditions, documents on family composition, a certificate of earnings; characteristics from the place of work; a medical examination report confirming the presence of signs of chronic alcoholism or addiction to alcohol abuse in a given person. A court decision made only on the basis of a medical report about the presence of signs of chronic alcoholism or drug addiction in a given person is unlawful, since such a decision in accordance with Art. 30 of the Civil Code is allowed only if the difficult financial situation of the family is associated with a person’s abuse of alcohol and drugs, regardless of whether he has signs of alcohol or drug addiction or not.

The court considers the case of recognizing a citizen as having limited legal capacity with the participation of the citizen himself, the applicant, the prosecutor, a representative of the guardianship and trusteeship authority (an employee of the health department, prefecture or a representative of a medical institution - Part 1 of Article 284 of the Code of Civil Procedure). Since these cases do not provide for a claim, it means that there are no alleged subjects of a controversial legal relationship in them. Therefore, the persons in respect of whom this case is being considered are called not defendants, but interested parties, and family members suffering damage from such entities take part in the process as applicants, regardless of which authority initiated the case.

The prefecture, within a month, is obliged to appoint a trustee for a person with limited legal capacity, without whose consent this citizen will not be able to take part in legal relations of the scope established by the court.

Article 30 of the Civil Code provides for the possibility of canceling a court decision to limit a citizen’s legal capacity.

Cancellation of the restriction of a citizen's legal capacity is possible in cases where the grounds on which this measure was applied have disappeared. At the same time, nowhere is there any clarification of what is meant by the term “fall away.” Apparently, we are talking about stopping or reducing the abuse of alcoholic beverages or drugs in such a way that the person no longer puts his family in a difficult financial situation.

• 1Code of civil laws. T. X. Part 1.
• Paragraph 3 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 04.05L 990 No. 4 (as amended on October 25, 1996) "ABOUT practice of consideration by the courts of the Russian Federation of cases on limiting the legal capacity of citizens who abuse alcoholic beverages or narcotic drugs" (lost force).
• Bakunin S. N. Limitation of legal capacity as a way to protect the right to health (civil procedural aspects) // Social and pension law. 2007. No. 1. P. 7.

Limitation of legal capacity.
The basis for restricting legal capacity is the citizen’s abuse of alcoholic beverages or drugs, which puts his family in a difficult financial situation (Article 30 of the Civil Code).
Abuse of alcoholic beverages or drugs, which gives grounds for limiting the legal capacity of a citizen, is such excessive or systematic use of them, which is in conflict with the interests of his family and entails unaffordable expenses for their purchase, which causes financial difficulties and puts the family in difficult situation. Gambling and irrational spending of money (waste) are not grounds for limiting legal capacity.
Restriction of legal capacity is carried out only by the court in the manner prescribed by Chapter. 31 Code of Civil Procedure of the Russian Federation (Articles 281-286).
Restriction of legal capacity should be understood as deprivation by the court of a citizen of the right to carry out the following actions without the consent of the trustee:
sell, donate, bequeath, exchange, buy property, as well as make other transactions for the disposal of property, with the exception of small household transactions;
directly receive wages, pensions and other types of income (author's fees, remuneration for discoveries, inventions, earnings under an employment contract, amounts due for performing work under a contract, all kinds of benefits, etc.).
The consequence of the limitation of legal capacity is the establishment of guardianship. A citizen with limited legal capacity has the right to independently carry out only small everyday transactions. He can make other transactions, as well as receive earnings, pensions and other income and dispose of them only with the consent of the trustee. However, such a citizen independently bears property liability for transactions made by him and for the harm caused by him (Article 1077 of the Civil Code).
The disappearance of the circumstances due to which the citizen was limited in legal capacity is the basis for the court to cancel the restriction of legal capacity. As a consequence, the court cancels guardianship over the citizen.
The basis for deprivation of legal capacity is the inability of a citizen, due to a mental disorder, to understand the meaning of his actions or to direct them (Article 29 of the Civil Code). In this case, the citizen is assigned a guardian. He makes transactions on behalf of a citizen declared incompetent. Damage caused by a citizen declared incompetent is compensated by his guardian or organization obliged to supervise him, unless they prove that the harm arose through no fault of theirs (Article 1076 of the Civil Code).
The reason for canceling the deprivation of a citizen’s legal capacity is the disappearance of the grounds on which he was declared incompetent. In this case, the court recognizes him as competent. Based on a court decision, the guardianship established over him is canceled.

More on the topic § 3. Limitation of a citizen’s legal capacity and deprivation of a citizen’s legal capacity:

1. § 3. Restrictions on the political rights and freedoms of citizens in the Russian Federation
2. Persons initiating cases to recognize a citizen as missing or declaring him dead
3. § 5. Recognition of a citizen as having limited legal capacity, incapacity, restriction or deprivation of a minor’s right to independently dispose of income 1. Recognition of a citizen as having limited legal capacity
4. § 5. Restriction of a citizen’s legal capacity, recognition of a citizen as incompetent, restriction or deprivation of a minor’s right to independently dispose of their income

Civil capacity is the ability of a citizen, through his actions, to acquire and exercise civil rights, to create civil responsibilities for himself and to fulfill them. Arises in full with the onset of adulthood, i.e.

E. upon reaching the age of 18.

A citizen's legal capacity can only be limited by a court.

A citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may be declared incompetent by the court.

A citizen’s legal capacity is limited by a court decision if he abuses alcohol or drugs and, as a result, puts his family in a difficult financial situation.

The consequence of restricting legal capacity is expressed in the deprivation by the court of a citizen of the right to carry out any transactions, except for small household transactions, without the consent of the trustee. The trustee receives the right to directly receive wages, pensions and other types of income, i.e. guardianship is established over a citizen with limited legal capacity.

The consequence of declaring a citizen incompetent is the establishment of guardianship over him and the completion of all transactions on his behalf by the guardian.

The law establishes an exhaustive list of persons and organizations that have the right to apply to the court with a corresponding application.

A case of restricting a citizen’s legal capacity can be initiated on the basis of an application from members of his family, a guardianship and trusteeship authority, a psychiatric or psychoneurological institution.

The right to submit an application for recognition of a citizen as incompetent due to a mental disorder has a spouse, adult children, parents, other close relatives (brothers, sisters), disabled dependents living with him and running a common household, as well as competent government bodies.

An application to limit a citizen’s legal capacity must set out circumstances indicating that a citizen who abuses alcohol or drugs puts his family in a difficult financial situation.

The application for declaring a citizen incompetent must set out the circumstances indicating that the citizen has a mental disorder, as a result of which he cannot understand the meaning of his actions or control them.

The judge, in preparation for the trial of the case on declaring a citizen incompetent, if there is sufficient data about the citizen’s mental disorder, appoints a forensic psychiatric examination to determine his mental state.

Afterwards, all the materials in the case are examined and a decision is made based on this.

A court decision by which a citizen is limited in legal capacity is the basis for the appointment of a guardian by the guardianship and trusteeship authority. A court decision by which a citizen is declared incompetent is the basis for the appointment of a guardian by the guardianship and trusteeship authority.

circumstances that threatened the missing person with death or give reason to assume his death from a certain accident. In relation to military personnel or other citizens missing in connection with hostilities, the application indicates the day the hostilities ended.

The persons involved in cases of declaring a citizen missing or declaring a citizen dead are the applicant and interested parties. These cases are considered with the mandatory participation of the prosecutor.

After examining all the circumstances of the case, the judge makes a decision. Recognition of a citizen as missing entails certain legal consequences: disabled family members have the right to a pension, divorce at the request of the spouse is carried out in the civil registry office, the consent of the absent person to adopt his child is not required.

The decision to declare a citizen dead is the basis for the registration of his death by the registry office.

In the event of the appearance or discovery of the place of residence of a citizen recognized as missing or declared dead, the court, with a new decision, cancels its previously adopted decision. The new court decision is, accordingly, the basis for canceling the management of the citizen’s property and for canceling the death record in the state civil registration book.

More on topic 62. Partially capable, incompetent:

1. Special grounds for the invalidity of transactions Invalidity of a transaction related to the legal capacity of citizens
2. 2.3. Recognizing a citizen as incompetent and limiting the legal capacity of citizens.
3. Chapter 10 LEGAL CAPACITY AND CAPACITY IN FAMILY LAW
4. § 5. Recognition of a citizen as having limited legal capacity, incapacity, restriction or deprivation of a minor’s right to independently dispose of income 1. Recognition of a citizen as having limited legal capacity

Have legal capacity- means having the ability to personally perform various legal actions: enter into contracts, issue powers of attorney, etc., as well as be responsible for property damage caused (damage or destruction of someone else’s property, damage to health, etc.), for failure to fulfill contractual and other obligations .

Thus, legal capacity primarily means:

1. 1. ability to carry out transactions (transaction capacity) and
   2. the ability to bear responsibility for unlawful actions (tort).

Legal capacity, like legal capacity, cannot be considered as a natural property of a person, they are provided to citizens by law and are legal categories. Therefore, with regard to legal capacity, the law establishes its inalienability and the impossibility of limitation at the will of the citizen. As for the possibility of forced limitation of legal capacity, according to paragraph 1 of Art. 22 of the Civil Code, no one can be limited in legal capacity except in cases and in the manner established by law. An example is the norm of Art. 30 of the Civil Code, which provides for the limitation of legal capacity of citizens who abuse alcoholic beverages or narcotic substances.

Legal capacity, like legal capacity, by legal nature - subjective right of a citizen. This right differs from other subjective rights in its content: it means the possibility of certain behavior for the citizen himself who has legal capacity, and at the same time, this right corresponds to the obligation of all those around the citizen to prevent its violations.

The content of the legal capacity of citizens as a subjective right:

• • the ability of a citizen, through his actions, to acquire civil rights and create civic responsibilities for himself;
  • the ability to independently exercise civil rights and perform duties;
  • ability be responsible for civil offenses.

The content of the legal capacity of citizens is closely related to the content of their legal capacity. If the content of legal capacity consists of the rights and obligations that an individual may have, then the content of legal capacity is characterized by the person’s ability to acquire and exercise these rights and obligations through his own actions. Therefore, legal capacity is the opportunity granted to a citizen by law to exercise his legal capacity through his own actions.

Types of legal capacity of citizens

Unlike legal capacity, which is equally recognized for all citizens, the legal capacity of citizens cannot be the same. In order to acquire rights and exercise them through one’s own actions, to assume and fulfill responsibilities, one must reason intelligently, understand the meaning of the rules of law, be aware of the consequences of one’s actions, and have life experience. These qualities vary significantly depending on the age of citizens and their mental health.

Taking into account these and other factors, the law distinguishes several types of legal capacity:

• • full legal capacity;
  • partial legal capacity of minors aged 14 to 18 years;
  • partial legal capacity of minors aged 6 to 14 years;
  • limited capacity.

The possibility of declaring a citizen completely incompetent is also provided.

Grounds and procedure for limiting the legal capacity of citizens

Restriction of the legal capacity of citizens is possible only in cases and in the manner established by law (clause 1 of article 22 of the Civil Code):

1. 1. restriction of partial legal capacity of citizens: in the presence of sufficient grounds (clause 4 of article 26 of the Civil Code of the Russian Federation);
   2. restriction of a citizen’s legal capacity: “a citizen who, due to the abuse of alcoholic beverages or drugs, puts his family in a difficult financial situation” (Clause 1 of Article 30 of the Civil Code of the Russian Federation).

Restriction of the legal capacity of citizens is possible only in cases and in the manner established by law (clause 1 of article 22 of the Civil Code). It lies in the fact that a citizen is deprived of the ability, through his actions, to acquire such civil rights and create such civil responsibilities that he, by virtue of the law, could already acquire and create. We are talking, therefore, about reducing the amount of legal capacity a person has.

Civil cases on restriction of legal capacity of citizens are considered by the court as a special procedure(Chapter 31 of the Civil Procedure Code of the Russian Federation).

see also Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25"On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation."

More details

Abuse of alcoholic beverages or drugs, which gives grounds for limiting the legal capacity of a citizen, is such use that is in conflict with the interests of his family and entails expenses that put the family in a difficult financial situation. It must be borne in mind that paragraph 1 of Article 30 of the Civil Code of the Russian Federation does not make the possibility of limiting the legal capacity of a person who abuses alcohol or drugs dependent on his recognition as suffering from chronic alcoholism or drug addiction.

An addiction to gambling, which can serve as a basis for limiting the legal capacity of a citizen, should be understood as a psychological dependence, which, in addition to an intractable attraction to gambling, is characterized by disorders of behavior, mental health and well-being of the citizen, manifested in a pathological attraction to gambling, loss of gaming control, as well as in prolonged participation in gambling despite the onset of adverse consequences for the material well-being of his family members.

The presence of earnings or other income from other family members is not a basis for refusing to satisfy an application to limit the legal capacity of a citizen under paragraph 1 of Article 30 of the Civil Code of the Russian Federation, if it is established that this citizen is obliged by law to support members of his family, but due to an addiction to gambling , alcohol or drug abuse does not provide them with the necessary financial assistance, or members of his family are forced to fully or partially support him.

Any means of proof from those listed in Article 55 of the Code of Civil Procedure of the Russian Federation can be used as evidence of a person’s addiction to gambling or abuse of alcohol or drugs.

Restriction of partial legal capacity of citizens

Both a person with incomplete (partial) legal capacity and a person with full legal capacity can be limited in legal capacity.

According to paragraph 4 of Art. 26 of the Civil Code, restriction of the legal capacity of minors aged 14 to 18 years is allowed only by court decision. Limiting the legal capacity of a minor is impossible if he acquired full legal capacity due to marriage before reaching 18 years of age or through emancipation. Consequently, in relation to minors aged 14 to 18 years, this means limiting their partial legal capacity. It can be expressed in restricting or even depriving a minor of the right to independently manage earnings, scholarships or other income. After the court makes such a decision, the minor will have the opportunity to dispose of earnings, scholarships and other income (in full or in part) only with the consent of the parents, adoptive parents, or guardian.

A decision to limit the legal capacity of a minor aged 14 to 18 years can be made by a court “if there are sufficient grounds.” Such grounds should be recognized as spending money for purposes that are contrary to the law and moral standards (purchasing alcoholic beverages, drugs, gambling, etc.), or spending it unreasonably, without taking into account the needs for food, clothing, etc. The number of persons who may apply to the court to limit or deprive a minor of the right to independently dispose of earnings, scholarships or other income includes his parents, adoptive parents or trustees, as well as the guardianship and trusteeship authority.

Depending on the specific circumstances, the court may either limit the minor’s right to freely dispose of earnings, scholarships or other income, or completely deprive him of this right. Based on a court decision, the earnings, scholarships, and other income of a minor should be given in whole or in part not to him, but to his legal representatives - parents, adoptive parents, and guardian.

If the court decision does not indicate the period for which the legal capacity of a minor is limited, then the restriction is valid until the minor reaches 18 years of age or until the restriction is lifted by the court at the request of those persons who applied for the restriction.

Limitation of the full legal capacity of citizens

The law allows for restrictions on the full legal capacity of adult citizens who abuse alcohol or drugs (Article 30 of the Civil Code). This rule also applies to minors who, before reaching 18 years of age, acquired full legal capacity due to marriage or emancipation. Restricting the legal capacity of an adult citizen is a very significant invasion of his civil legal status and is therefore permitted by law if there are serious grounds that must be established by the court.

Limitation of legal capacity is provided by law only for persons who abuse alcoholic beverages or drugs. Other abuses and vices (for example, gambling, betting, etc.) cannot lead to a limitation of legal capacity, even if they cause financial difficulties for the family. The basis for limiting the legal capacity of a citizen under Art. 30 of the Civil Code is such excessive consumption of alcoholic beverages or narcotic substances, which entails significant expenses for their purchase, which puts the family in a difficult financial situation.

The limitation of a citizen’s legal capacity in the case under consideration is expressed in the fact that, in accordance with a court decision, guardianship is established over him and he can make transactions to dispose of property, as well as receive wages, pensions or other types of income and dispose of them only with the consent of the trustee. He has the right to independently carry out only small everyday transactions (Clause 1, Article 30 of the Civil Code). However, such a citizen independently bears property liability for transactions made by him or for damage caused.

When a citizen stops abusing alcoholic beverages or drugs, the court lifts the restriction on his legal capacity. Based on a court decision, the guardianship established over him is cancelled. If a citizen, after the lifting of the restriction of his legal capacity, again begins to abuse alcoholic beverages or drugs, the court, at the request of interested parties, may again limit his legal capacity.

Limitation of legal capacity

Upon reaching the age of 18, as well as in the cases already considered, the legal capacity of citizens arises in full. The content of legal capacity is no longer influenced by age factors, however, a citizen’s ability to perform volitional, conscious actions may be impaired due to illness or abuse of alcohol or drugs.

If these manifestations exist, it is necessary to protect the property interests of such a citizen or the interests of his family. This purpose is served by declaring a citizen incompetent and limiting the legal capacity of a citizen who abuses alcoholic beverages or narcotic substances.

All cases of restriction of legal capacity of individuals are provided for by law, as required by paragraph 1 of Art. 22 of the Civil Code of the Russian Federation, which says: “No one can be limited in legal capacity except in cases and in the manner established by law.” This lies in the fact that a citizen is deprived of the ability by his actions to acquire such civil rights and create such civil obligations that he, by virtue of the Law, could already acquire and create. We are talking, therefore, about reducing the amount of legal capacity a person has. Both a person with incomplete (partial) legal capacity and a person with full legal capacity can be limited in legal capacity.

2.2.1 Limitation of incomplete (partial) legal capacity

Under previous legislation, such a restriction was allowed by decision of the guardianship and trusteeship authorities. The Civil Code of the Russian Federation has strengthened the protection of the interests of minors in this area. According to paragraph 4 of Art. 26 of the Civil Code of the Russian Federation, restriction of the legal capacity of minors aged 14 to 18 years is allowed only by court decision.

However, it is impossible to limit the legal capacity of a minor if he acquired full legal capacity due to marriage before reaching 18 years of age or through emancipation.

The Civil Code determines the circle of persons who can apply to the court to limit or deprive a minor of the right to independently dispose of earnings, scholarships or other income, these include: parents, adoptive parents or trustees, as well as guardianship and trusteeship authorities (Part 4 of Art. 26 Civil Code of the Russian Federation). Neither public organizations nor any interested persons (the Civil Code of the RSFSR) have the right to make such petitions.

If there are sufficient grounds (spending money for purposes contrary to the rules of law and morality, or spending it unreasonably), the court may limit the minor’s right to freely dispose of earnings, scholarships or other income or completely deprive him of this right.

Based on a court decision, the earnings, scholarships, and other income of a minor should be given in whole or in part not to him, but to his legal representatives. The law does not provide for restrictions on the existing legal capacity of minors.

2.2.2 Restriction of full legal capacity

This is, discussed above, the procedure for limiting the legal capacity of minors aged 14 to 18 years, as for citizens who have reached the age of majority, the law allows for limiting the legal capacity of citizens who abuse alcoholic beverages or drugs (Article 30 of the Civil Code of the Russian Federation). The norm of this article also applies to minors who, before reaching 18 years of age, acquired full legal capacity in connection with marriage (Clause 2 of Article 21 of the Civil Code of the Russian Federation) or through emancipation (Article 27 of the Civil Code of the Russian Federation).

The limitation of a citizen’s legal capacity is expressed in the fact that, in accordance with a court decision, guardianship is established over him and he can make transactions to dispose of property, as well as receive wages, pensions or other types of income and dispose of them only with the consent of the trustee. He has the right to independently carry out only small everyday transactions (Clause 1, Article 30 of the Civil Code of the Russian Federation).

A person with limited legal capacity cannot be an adoptive parent and, accordingly, a guardian or trustee. However, the restriction of legal capacity does not apply to resolving issues of marriage and divorce, entering into labor relations, etc. Limitations on legal capacity and property liability do not affect. If a citizen stops abusing alcoholic beverages or drugs, the court cancels the restriction of his legal capacity (it may restrict it again if the abuse of alcoholic beverages or narcotic drugs begins again). Cancellation is also carried out when the family of a person with limited legal capacity ceases to exist (divorce, death, family separation), since the obligation to maintain it disappears.

2.2.3 Recognition of a citizen as incompetent

One of the important factors influencing the capacity of a citizen is mental health. According to paragraph 1 of Art. 29 of the Civil Code of the Russian Federation, a citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may be declared incompetent by the court.

Compared to the previously existing Civil Code of the RSFSR, the current Civil Code of the Russian Federation does not have such a basis for recognizing a citizen as incompetent as his dementia, and instead of the term “mental illness” a slightly different one is used - “mental disorder” (although it is possible that the new Civil Code of the Russian Federation combines these terms into one ).

However, the mere fact of mental illness or dementia, even if it is obvious to others or even confirmed by a certificate from a medical institution, does not yet give grounds to consider a citizen incompetent. He can be declared incompetent only by a court, and with an application to the court in accordance with Art. 258 of the Code of Civil Procedure can be addressed by family members of a citizen, the prosecutor, and the guardianship and trusteeship authority. To consider such a case, a conclusion on the state of the citizen’s mental state is required, issued on the basis of a forensic psychiatric examination at the request of the court; The participation of the prosecutor and a representative of the guardianship and trusteeship authority is mandatory.

A citizen is considered incompetent only after the court makes an appropriate decision. At the same time, based on a court decision, guardianship is established over him.

If the state of mental health of a citizen recognized as incompetent has improved, he may be recognized as legally competent by a court decision. The basis for such a decision should be the corresponding conclusion of a forensic psychiatric examination.