Limitation of a citizen's legal capacity, recognition of a citizen as incompetent: grounds, procedure and consequences
Limitation of a citizen's legal capacity, recognitioncitizen incompetent - these are processes that are not so rare in Russia. In this case, the actions entail certain negative consequences. For example, a person is partially deprived of rights. That is, he alone can no longer make decisions, either completely or partially. This should be taken into account. What you need to know about the limitation of legal 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 person can seriously spoil life. But at the same time, each of us will or willy-nilly know them.
After all, according to the law, all children are first incompetent -for their actions, parents or legal representatives fully respond. With age, there comes partial capacity, then, by the age of 18, - complete. A person is able to manage his own life and be responsible for the deeds done.
In fact, the limitation of a citizen's legal capacity, the recognition of a citizen as incompetent is the transfer of a citizen to a "child" state.
In our country,discontinuance of legal capacity. In other words, a citizen in one or another case was given the status of incompetent. But in 2015, Russian legislation has undergone certain changes. And now many can only partially limit their rights.
What does it affect? What is fraught with the limitation of legal capacity (the recognition of a citizen incompetent)? The consequences depend on the status of the person in the course of recognition. Complete incapacity is the impossibility 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 committed by a legal representative or guardian.
The limitation of legal capacity has lessnegative consequences. This is only a partial imposition of bans on the commission of legal transactions. Most often, such acts are allowed after the approval of the legal representative. In this case, simple household operations can be done without additional permits.
Who can recognize
Limitation of legal capacity, recognition of a citizenincompetent - these are actions that are implemented only in relation to certain persons. For example, these measures in Russia are not applied to minors. They, as already said, are initially incompetent and partially limited in rights.
Any adult person under certaincircumstances have the right to declare incapacitated partially or completely incompetent. In other words, this measure is applicable exclusively to adults. It does not matter what age - young or retired.
Reasons for recognition
What is needed to make a citizen's recognition incompetent? At the moment in Russia there are only 2 real reasons that help to realize the idea:
- a citizen is unable to self-understand his actions, can not control them;
- a person has some kind of mental illness.
In practice, under all the above, you canunderstand the inadequacy and danger of a citizen to others. Inefficient or limited in rights can be recognized and the old, by age, or rather, the state of health. If the disease is not too serious, then you can only hope to limit your legal capacity.
Accordingly, not always in humans withpresence of any deviations from the norm completely take away legitimate rights. Sometimes there is a partial capacity. With her, as already said, a person is able to make certain transactions without the approval of a legal representative.
It is clear that such recognition is incompetent citizen. The grounds for this were listed. But what about the limitation of legal capacity? Here, as a rule, there are only 2 conditions:
- presence of a mental disorder (not serious);
- the ability of a person to realize and control his actions with outside help.
As a rule, partial capacity is observed among the elderly and disabled people. If a person is restricted in rights, this does not mean that the citizen is inadequate.
Who can apply for recognition
Recognition of a person with limited capacity and incompetence is not such simple processes. Not everyone can turn to the relevant authorities with a request to limit human rights.
There is a generally accepted list of individuals and organizations,who have the authority to commit this act. What will it take to know about the applicants who have the right to write an application according to which the limitation of the citizen's legal capacity will be accepted (recognition of the incapacitated citizen)? So, for help you can contact:
- people living together with this person;
- brothers and sisters;
- Adult children (or emancipated);
- guardianship services;
- psychiatric medical institutions;
- place of permanent residence of disabled people.
They have the right to appeal for recognitiona relative or an ordinary citizen incapable or partially restricted in rights. Just because no one can accuse a citizen of inadequacy. Also to this list are sometimes those who have already suffered from inadequate human actions.
Factors of influence
What is the procedure for recognizing a citizen incompetent? Restriction of rights is a serious step, and a complete lack of legal capacity is considered an extreme measure of punishment for a person. Therefore, each situation is considered separately. What do the agencies that are approached with notice to pay attention to?
There are several factors, among which there are the following points:
- the presence of mental disorders or mental illness;
- the relationship between the actions of a citizen and the effect of the disease on behavior;
- any factors that can confirm or deny a person's ability to answer for their own actions;
- the attainment of a certain age, when a citizen is usually recognized incompetent;
- other components that can influence the decision (for example, testimony).
In fact, in order to recognize a person as inadequate, it takes a pretty serious effort. After all, if it is not so, then no one will completely crush the rights of the citizen, do not limit them.
Where to go
How does a citizen's recognition become incompetent? The reasons for which you can contact the relevant organization are already known. But what else should citizens know about the process being studied?
Previously listed individuals have the right to appealin the so-called forensic medical examination. By its decision, a person is recognized as incompetent or partially capable. Initially, with the relevant lawsuit, you need to apply to the court - a district court, at the place of residence. Or to the judicial authorities at the location of the psychiatric hospital in which the potential incapacitated is located. Only in this way will succeed.
How does the capacity restriction occur?citizen / recognition of a citizen incompetent? The order is simple. It is enough to go to court. A forensic medical examination - the main point in the whole process. Without it, it is impossible, even if inadequate behavior is noticeable to the naked eye.
What will be required in court
How does disability anda citizen's recognition as incompetent? The grounds, order, consequences and persons who are able to implement the idea are already presented to your attention. In fact, the ordinary lawsuit in court is not enough. Have to prepare in advance.
What can claim from the plaintiff? Of course, evidence that can indicate a person's inability to adequately assess the situation. Among such documents are usually:
- the conclusion of medical examination (you can first pre-trial);
- 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 person's inability to adequately assess their actions: testimonies, materials of investigative bodies, conclusions of various organizations.
Also, if a person is a danger tosurrounding people and injuring or injuring someone, you need to bring the relevant documents to court that confirm this. Usually it is the medical certificates that play the main role at the time of making the final decision.
How is the court going?
Limitation of a citizen's legal capacity, recognitioncitizen incompetent is a process that passes under a certain algorithm. Citizens participating in the court must go through the following stages:
- collection of evidence of the defendant's inadequacy;
- filing of an action (the applicant's identity card, his SNILS and evidence will be required);
- appearance of the plaintiff;
- giving a word to the prosecutor and the guardianship authority (they must be present);
- giving testimony of the defendant with the justification of his behavior;
- reading out of medical indications and the conclusions given in those or other bodies;
- listening to witnesses;
- clarification of issued medical certificates on the condition of the defendant by the doctor (if he was invited, not necessarily, but desirable);
- the making of a decision to limit or deprive him of legal capacity.
In fact, the process is extremely difficult. Far not always it turns out to recognize a person incompetent. Sometimes during the court session it turns out that the citizen tried to cover up his actions with inappropriate behavior intentionally.
After the trial
Now it is clear what it means to confesscapable or incompetent, in general. As soon as the court makes an appropriate decision, the countdown will begin - 1 month. Within the next 30 days, from the moment of issuing a court judgment, a citizen has the right to appeal against him in higher instances.
After a specified period a person is recognizedincompetent or partially incapacitated. Guardianship and guardianship over a citizen is established by the relevant authorities, and guardians must be appointed within 3 months. While this did not happen, the guardianship authorities are responsible for limited or completely incapacitated.
That's how the citizen's ability to act is reduced. Recognition of a citizen as legally incompetent is a responsible business that requires serious action.