Restriction of capacity of a citizen, recognitionincapable citizenship - these are processes that are not so rare in Russia. At the same time, actions entail certain negative consequences. For example, a person is partially deprived of rights. That is, he himself will no longer be able to make decisions, either fully or partially. This should be considered. What you need to know about the limitation of capacity, as well as the recognition of a person completely incompetent?
According to law
In fact, do not be afraid of the previously mentioned terms. Yes, these concepts to an adult can seriously ruin a life. But at the same time, each of us will, willy-nilly, know them.
Ведь по закону все дети сначала недееспособны - Parents or legal representatives are fully responsible for their actions. With age comes partial disability, then, by age 18, is complete. A person is able to manage his life and be responsible for the acts committed.
In fact, the restriction of the capacity of a citizen, the recognition of a citizen as incapable is his transfer to the state of "child".
Effects
In our country, previously considered a completetermination of legal capacity. In other words, the citizen in one way or another was given the status of incapacitated. But in 2015, certain changes occurred in the Russian legislation. And now many can only partially limited in their rights.
What does it affect?What is the risk of limited legal capacity (recognition of a citizen as incapable)? The consequences depend on what kind of status a person receives during recognition. Full incapacity is the impossibility to perform any legally significant actions. For example, a person will not have rights to manage his pension. All transactions for an incapacitated legal representative or guardian.
Disability has lessnegative consequences. This is only a partial imposition of legal bans. Most often, such acts are allowed after the approval of a legal representative. In this simple household operations can be done without additional permissions.
Who can recognize
Ограничение дееспособности, признание гражданина incapable - these are actions that are implemented only in relation to certain individuals. For example, these measures in Russia do not apply to minors. They, as already mentioned, are initially incapable and partially limited in rights.
Любого взрослого человека при определенных circumstances have the right to recognize the ability to partially or fully incapacitated. In other words, this measure applies exclusively to adults. No matter which age is young or retirement.
Reasons for recognition
What is needed for a citizen to be declared incapable? At the moment in Russia there are only 2 real reasons that help to bring the idea to life:
- the citizen is not able to realize his actions himself, cannot control them;
- man has some kind of mental illness.
In practice, under all the above, you canunderstand the inadequacy and danger of a citizen to others. Old people may also be recognized as incapable or limited in their rights, by age, or rather, by their state of health. If the disease is not too serious, then you can only hope to limit the ability to act.
Partial capacity
Accordingly, it is not always a person withthe presence of any deviations from the norm completely select legal rights. Sometimes there is a partial disability. With it, 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 an incompetent citizen. Reasons for this have been listed. And what about the restriction of capacity? Here, as a rule, there are also only 2 conditions:
- having a mental disorder (not serious);
- the ability of individuals to recognize and control their actions with help.
As a rule, partial disability is observed among the elderly and disabled. If a person is restricted in his rights, this does not mean that the citizen is inadequate.
Who can apply for recognition
The recognition of a person as partially capable and incapable is not so simple processes. Not everyone can apply to the relevant authorities with a request to limit human rights.
There is a generally accepted list of individuals and organizationswho have the authority to commit this act. What do you need to know about the applicants who have the right to write a statement, according to which the restriction of a citizen’s legal capacity will be adopted (recognition of a citizen as incapable)? So, they can ask for help:
- spouses;
- people living with this person;
- brothers and sisters;
- parents;
- adult children (or emancipated);
- custody services;
- psychiatric medical facilities;
- places of permanent residence for persons with disabilities.
They are the ones who have the right to apply for recognition.relative or ordinary citizen incompetent or partially restricted. Just so no one can accuse the citizen of inadequacy. Also, those who have already suffered from inadequate human actions are sometimes referred to the list.
Factors of influence
What is the procedure for recognizing a citizen as incapable?Restriction in rights is a serious step, and the complete lack of legal capacity is considered to be the ultimate punishment of a person. Therefore, each situation is considered separately. What do the authorities that have applied with the appropriate application pay attention to?
There are several factors, and among them are the following points:
- the presence of mental disorders or mental illness;
- the relationship between citizen actions and the effect of the disease on behavior;
- any factors that can confirm or disprove the ability of a person to be responsible for their own actions;
- reaching a certain age when a citizen is usually recognized as incapable;
- other components that can influence the decision (for example, testimony).
In fact, in order to recognize a person as inadequate, it is required to try quite seriously. After all, if this is not the case, then no one will completely crush the rights of the citizen, do not limit them.
Where to go
How is the recognition of a citizen incompetent? The reasons for contacting the relevant organization are already known. But what else should citizens know about the process being studied?
Previously listed persons have the right to appeal.in the so-called forensic examination. According to its decision, a person is recognized as incapable or partially capable. Initially, with the appropriate claim will need to go to court - the district, at the place of residence. Or to the judicial authorities at the location of the psychiatric hospital where the potential incapacitated is located. This is the only way to succeed.
Как происходит ограничение дееспособности citizen / recognition of a citizen incompetent? The order is simple. Enough to go to court. A forensic examination - the main point in the whole process. Without it, it is impossible, even if inappropriate behavior is noticeable to the naked eye.
What is required in court
Как происходит ограничение дееспособности и recognition of a citizen incompetent? Grounds, order, consequences and persons who are able to bring the idea to life, are already presented to your attention. In fact, the usual lawsuit to the court is not enough. We'll have to prepare in advance.
What may require from the plaintiff? Of course, evidence that can indicate a person’s inability to adequately assess the situation. Among such documents are usually:
- medical examination reports (you can first pre-trial);
- certificates from medical institutions about the state of health of a citizen;
- documents indicating the registration of a person in a psychiatric hospital;
- papers that confirm the impossibility of a person to adequately assess his actions: testimony, materials of investigating authorities, conclusions of various organizations.
Также, если человек представляет опасность для others and beaten or hurt someone, you need to bring to court the relevant documents that confirm this. It is usually the medical certificates that play the main role during the final decision.
How is the trial
Restriction of capacity of a citizen, recognitionA citizen incapacitated is a process that follows a specific algorithm. Citizens participating in court must go through the following stages:
- collecting evidence of the defendant’s inadequacy;
- filing a lawsuit (an identity document of the applicant, his SNILS and evidence will be required);
- the statement of the plaintiff;
- giving the word to the prosecutor and the guardianship authority (they must be present);
- testimony of the defendant with the justification of their behavior;
- the reading of medical indications and conclusions submitted to certain authorities;
- hearing witnesses;
- clarification of the issued medical certificates on the status of the defendant by the doctor (if he was invited, it is not necessary, but desirable);
- making a decision on the limitation or deprivation of legal capacity.
In fact, the process is extremely difficult.It is not always possible to recognize a person as incapable. Sometimes during a court hearing it turns out that a citizen tried to cover up his actions with inappropriate behavior intentionally.
After trial
Now it is clear what it means to recognize limitedcapable or incapable, in general. As soon as the court makes an appropriate decision, the countdown will start - 1 month. Within the next 30 days, starting from the moment the court decision is issued, the citizen has the right to appeal it to higher authorities.
After a specified period, a person is recognizedincompetent or partially capable. Guardianship and trusteeship over the citizen is established by the relevant authorities, and guardians must be appointed within 3 months. Until this happened, the guardianship authorities are responsible for the restricted or fully incapacitated.
This is how a citizen’s legal capacity is limited. The recognition of a citizen as incapable is a responsible matter that requires serious action.
