Limitation of the alcoholic's legal capacity. Recognition of a person who abuses alcohol as incompetent. Grounds for restricting legal capacity

Going to court and declaring a relative incompetent is often necessary to resolve property issues - to challenge a will or annul a real estate purchase and sale agreement. However, we can also talk about the moral side, when relatives formalize incapacity in order to protect a person from himself due to his inability to make adequate decisions. A thorough analysis of examples accumulated during judicial practice and calls received on the hotline helped the lawyers of the First City Service to identify the most typical questions and give extremely clear answers to them. If you don’t have time to study the topic and need help urgently, be sure to call! Based on Art.

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What is capacity?

When relatives and friends begin to understand that their loved one is becoming uncontrollable, losing common sense due to drunkenness, and his actions border on the actions of a madman, it is worth asking the question whether it is necessary to force him to be coded, undergo medical examinations, or simply “help” in other ways? What could be the danger of such a situation? Alcoholism can never be cured, it is truly a disease, however, like gamblers, alcoholics may not deliberately “drink away” their housing, their work, their family.

Often young families break up because of drinking fathers, professors who are addicted to alcohol are fired from their jobs, and the worst thing is that the health of the alcoholic himself, his loved ones, and children suffers, since often, being in euphoria and anger, they can show aggression and inflict countless irreparable mistakes. Is it possible to declare an alcoholic incompetent in order to somehow protect the financial and material side of the issue? The legislation of the Russian Federation provides for this, but what exactly is legal capacity, and what will happen if it is deprived of a person?

From the moment of birth, a person automatically becomes the owner of rights and obligations. Legal capacity is regulated in Article 17 of the Civil Code of the Russian Federation.

These rights cannot be exercised by persons:

1. Who have a mentally unstable psyche.
2. Who cannot assess the situation sensibly and correctly from their own perspective.
3. Those who are not yet 18 years old, for example, teenagers who are not yet allowed to vote and participate in various events, or work officially (in some cases).

During this period, a person cannot yet control the situation and account for his actions. The same can be said about teenagers. For example, the younger brother, out of ignorance and due to his age (12-13 years), did not yet understand the consequences of the crime committed (theft), but he was called to criminal liability and assessed a fine. The older brother, who is already 22 years old, can understand what leads to the consequences, what they may be.

Many teenagers now believe that “I’m a teenager, nothing will happen to me” is an argument in their favor when committing any crime. However, there are parents who are obliged to be responsible for their children. The same thing happens in the head of an alcoholic, who, like a maximalist child, believes that he is right. Doctors explain this impulse towards achievements as far-fetched and fictitious. This creates potential danger and threat when the alcoholic believes that he is self-confident and courageous. The legal capacity of an individual and the psychological component are the legal capacity of a person in accordance with Article 21 of the Civil Code of the Russian Federation.

Possessing this status (an adult in years and a psychologically mature personality), a person has the right:

1. Enter into civil or family relationships - get married, start a family.
2. Responsible for the material and technical base - at work and in the social sphere, he can manage money, go to work, make financial transactions (sell an apartment).
3. Represent and protect your interests and the interests of your child.
4. Perform various tasks in the aspect of legal authorities - testify, testify.
5. Be responsible for transactions that cause financial damage.

A person’s legal capacity is associated with many provisions, his rights and responsibilities, which he performs in his right mind in accordance with the current legislation of the Russian Federation.

How to recognize a person as incompetent, who should apply and where?

Step by step instructions

According to the first paragraph of Article 21 of the Civil Code of the Russian Federation, a citizen is fully capable only when he reaches the age of majority.

This means that a child between the ages of 14 and 18 bears legal responsibility and also has the right to dispose of his property, in cash.

But, on the basis of Article 26, Part 4 of the Civil Code of the Russian Federation, the court can transfer the rights to dispose of their funds, scholarships, and earnings to parents, guardians, guardianship and trusteeship authorities when they apply to the court.

In addition, it is worth saying that a citizen can acquire full legal capacity before the age of 18. The second paragraph of Article 21 of the Civil Code of the Russian Federation tells us this.

This situation may arise if a child between 14 and 18 years of age gets married. In this case, it will not be possible to limit his rights in the field of funds in any way.

In cases where a citizen, aged 14 to 18 years, is found to have abnormalities in his mental state, the court has the right to recognize him as completely incompetent in accordance with the general procedure.

Options for loss of legal capacity

Position in society, age and authority also do not give a person the full right to fulfill his duties if he has pathologies or diseases, which is natural. If you break your leg, you probably won't be able to lead group soccer practices. Therefore, sometimes a person, as a subject, is deprived of legal capacity in relation to a particular case.

When a person loses his legal status, the following restrictions apply to it:

1. According to Art. 29 incapacity can be recognized in relation to legal status. Then an example should be given that this aspect cannot have analogies with insanity. Inability to do anything is entirely a loss of legal obligation due to a confirmed diagnostic mental illness. Alcoholics do not understand their actions, the force that guides them.
2. Limitation of legal capacity according to the same Article 29 means that alcohol dependence or psychotropic drugs, gambling addiction (gambling) in financially distort the moral and volitional qualities of the individual. The subject temporarily loses his constitutional rights until he is cured. This is provided to protect family, finances and society.

Guardianship is established over a person who has been limited or deprived of legal capacity.

To understand the similarities and differences between the statuses, data regarding legal capacity is provided below.

If a person has regained the ability to think rationally, he can be responsible for actions and deeds, in judicial procedure responsibility and capacity are restored to him.

Partial capacity

Some court cases end in granting a person partial legal capacity. Now he cannot dispose of his material wealth - this is transferred to his guardian, but he bears full responsibility for his misdeeds.

Partial legal capacity is most often recognized for drug addicts and alcoholics. In addition, in judicial practice there are cases of approval of partial solvency for people with mental disorders. In this case, the citizen must understand that he needs treatment, that his future depends only on him, that limiting his wealth is a necessary measure.

He must also realize that he is responsible for his actions and offenses.

Partial legal capacity limits a person’s rights to dispose of property and funds.

When is it legal to be declared incompetent?

How to recognize an alcoholic as incompetent, and where should this harsh necessity begin? An alcoholic’s rights and responsibilities can be limited by referring to the Civil Code. But already 5 years ago they began to apply strict measures, declaring people completely incompetent. At the same time, a disease or pathology does not always need diagnostic and medical confirmation if this is truly impossible. According to Article 30 of the Civil Code of the Russian Federation, legal capacity is revoked in severe alcoholics and those who are clinical in this regard.

Based on Article 29, you can limit yourself from danger in everyday life on the basis of the following:

1. Deprive, and not limit, the legal capacity of a person who is officially considered mentally ill.
2. Mental abnormalities must be caused precisely by alcohol, and after 7-9 years, every second alcoholic comes to such a sad conclusion.
3. Before this, it is necessary to recognize a person as limited in ability on the basis of excessive drunkenness, loss of self-control, lack of will, misconduct in society, aggressive attacks.

In judicial practice, such actions are difficult to perform, so a person’s ability is often limited, giving him a chance to recover after a course of treatment. He stops studying work activity, cannot claim, as an heir, the property funds of relatives, and is not obliged to pay alimony. However, he retains the right to sell real estate, dispose of personal belongings, and be responsible for actions in court.

If, due to excessive drinking of alcohol, a person loses control in the area of ​​harm to health, which leads to unintentional death, he is also liable to the full extent of the law, but is subsequently committed to a mental hospital for the purpose of treatment. In the same place, he automatically receives the status of a mentally ill person, who is deprived of legal capacity not partially, but completely.

Important facts and evidence

During the trial, it must be established that the suspect is truly a mentally ill person, or he has reached an age at which he cannot stand up for himself. In addition, to make a correct decision, the following must be proven:

• The fact that a person does not understand the meaning of the actions he performs.
• The reason is that a person does not see the consequences of the activities he performs.
• Belonging of a sick or elderly person to the family in relation to which the case is being considered and other circumstances.

In order to prove the above facts and circumstances, the following documents will be required:

• Resolution of the forensic psychiatric expert commission.
• Certificates from medical institutions.
• Certificates stating that the citizen is registered at a psychiatric dispensary.
• Patient's medical history card.
• Resolutions of MSEC - medical and social expert commission.
• Documents confirming the citizen's incapacity.

Based on these documents, as well as guided by the legal aspects of our country, the judge will have to make a decision on the citizen’s legal capacity. But the Civil Code of the Russian Federation provides for a procedure for recognizing a person as wealthy in the event of a sustainable improvement in his mental state.

To recognize incapacity, irrefutable evidence is required.

Procedure for deprivation of legal capacity

In order not to bring the attacks of drunken people to court, and not to risk the life and health of third parties and relatives, there is an exceptional measure that is aimed at depriving people of legal capacity to toughen punishment and protect relatives and friends.

Declaration of incompetence due to alcoholism - judicial practice shows statistical data how to carry out and organize the procedure:

1. The process takes place in court, in accordance with civil procedural rules under Article 55 of the Code of Civil Procedure of the Russian Federation.
2. Only relatives who live with him, relatives and friends who have a degree of relationship but do not live with him, guardianship authorities can suspend the legal capacity of an alcoholic if his actions harm the psyche and health of the child, psychiatric hospitals if they have the means to prove persons depending on alcohol.
3. Bodies of social protection of the rights of society.

As soon as relatives and authorized persons have collected evidence, they need to go to court. It is worth noting that such cases can be supported by video and photography, which does not contradict legal norms and regulations.

• conduct an examination of the fact of involvement in alcohol abuse;
• file a claim in court in the region or place of residence of the drunkard;
• Register documents in court;
• interview witnesses, request their presence and testimony;
• participate directly personally in the stated accusation.

Only with the help of this data can the fight for moral and social justice begin. If a person constantly drinks, this is a sign of alcoholism, even if it all starts with small dosages. Of course, when loved ones suffer, family members, especially children, guardianship and trusteeship authorities independently consider the complaint of a family member, and also file statement of claim to transfer the case to court. Further, the decision is made without the knowledge of relatives, since some of them who are against such corrective measures may be considered interested parties. However, witness testimony can also be helpful in this case.

One of the most serious consequences of alcoholism is mental problems. They are insignificant at the very beginning of the formation of addiction, but progress very quickly along with alcohol addiction. At the junction of II and III stages psychiatrists record the first manifestations of psychosis, hallucinations, paranoid states, and secondary schizophrenia.

Relatives and friends bitterly notice the disgusting symptoms in their manifestation. Living together becomes simply unbearable, so the thought arises of declaring the alcoholic incompetent. Russian law envisages such a development of events. But relatives do not know which way to approach the issue; many do not understand the essence of legal capacity. Let's figure it out.

Forensic psychiatric examination

Answering the question: declaring a person incompetent, where to start, we can confidently say that going to court is required. honey. expert commission.

A psychiatric examination, depending on the condition of the suspect, can be carried out in various conditions:

• In the hospital
• Outpatient
• To the department of a psychiatric institution
• Directly in the courtroom

The duration of the examination can be up to thirty days if it is carried out in a department of a medical institution or hospital. In this case, during the trial, the court will require a re-examination of the patient directly in the courtroom

Only qualified psychiatrists should carry out the examination. During the audit, a number of tests will be carried out that will prove or disprove the following provisions:

• The patient’s ability to navigate within the framework of modern society.
• The presence of aggressive behavior and deliberate creation of the patient dangerous situations for yourself or for others.
• The patient's degree of aggression.
• The citizen's need for guardianship.

During the expert review, a number of documents will be compiled that will serve as evidence in court proceedings.

Court decision. honey. examination is important evidence of a citizen’s incapacity.

What is capacity?

From birth, a person automatically acquires a certain range of rights established Russian laws. This is legal capacity (Article 17 of the Civil Code).

However, it is not allowed to fully realize rights due to mental instability and inability to assess the situation. You must wait until you reach the age of majority - 18 years:

• by this age a person begins to fully account for his actions and actions and analyze them;
• at this level, the independent realization of civil rights and responsibilities by an adult begins; legal liability in case of offences.

All these psychological properties of a person, together with legal capabilities, are considered the legal capacity of a person (Article 21 of the Civil Code). According to this status, the subject is able to:

• enter into civil and family relations;
• carry out various transactions, financial calculations;
• represent your own interests in various authorities;
• bear responsibility for transactions and damage caused;
• participate in election campaigns.

That is, a capable citizen exercises an extensive set of rights and obligations established by Russian laws.

What does the concept of “capacity” mean?

From birth, a person is endowed with certain rights, that is, he becomes legally capable.

A citizen is recognized as fully capable upon reaching the age of majority.

But since in childhood and adolescence his psyche is still unstable, he is not able to fully assess what is happening and make decisions independently.

This means he is still incapacitated. Therefore, all decisions are made for him by his parents or guardians.

Partial legal capacity occurs at the age of 14 years. Now the child can get a job and manage money, but only with the consent of the parents or guardians. He also carries legislative responsibility for the deeds committed.

A person becomes fully capable at the time of coming of age, that is, at 18 years of age. By this age, he begins to take conscious actions and is able to analyze them.

Therefore, an adult citizen has the right to do the following:

1. get married and start a family;
2. manage funds, make purchases and real estate transactions;
3. protect your rights and interests in court and other authorities;
4. bear legal responsibility for committed actions and transactions;
5. take part in election campaigns.

A capable citizen is endowed with the rights and responsibilities provided for by Russian legislation.

Why does a person lose his legal capacity?

There are many diseases that deprive a person of legal capacity.

Incapacity may be lost due to various diseases and injuries.

Therefore, he cannot acquire this status even after reaching adulthood.

And here it is important to determine how incompetent a citizen is - fully or partially.

If the citizen is completely incompetent. In this case, we are not talking about insanity, but only about the loss of legal functions.

People with mental illness are considered completely incompetent.

Such people are not able to think adequately. They cannot control their actions and understand the possible consequences.

If the citizen is partially incapacitated. This category includes people who have some kind of addiction - alcohol, drugs, gaming.

Any addiction deprives a person of will and violates moral principles. Alcoholics, drug addicts and gambling addicts lose self-control. In order to get money, these people commit various crimes and sell property. If there is evidence, their legal capacity is limited.

Guardianship is established over people recognized as completely incompetent, and in case of limited incapacity - guardianship.

Therefore, the question of whether an alcoholic can be recognized as incompetent cannot be given a definite answer. To do this, you need to prove that he has a serious mental disorder. Most often, legal capacity is partially limited.

If a citizen undergoes a course of treatment that allows him to regain the ability to understand his actions, the ability to control his will and behavior, his legal capacity is restored.

In what cases can an alcoholic be declared incompetent?

The possibility of exercising control over alcohol-dependent people appeared several years ago, when Art. 30 of the Civil Code of the Russian Federation were amended.

The legal capacity of alcohol dependent people is regulated by Art. 30 Civil Code of the Russian Federation

It states that restriction of legal capacity is possible in relation to a citizen who, due to an addiction to gambling, alcoholic beverages and drugs, puts his family in a difficult financial situation.

Is it possible and how can an alcoholic be declared legally incompetent?

This can be done if the following factors are present:

• an official document confirming the presence of a mental illness;
• document proving that mental illness was a consequence of alcohol abuse.

This is a very labor-intensive procedure, so it is more advisable to limit the alcoholic’s legal capacity. This status can be assigned to a person who commits the following acts:

1. he does not control the amount of alcohol he drinks;
2. he is not able to control his actions, shows aggression towards others, has no willpower;
3. he is mired in debt, communicates with dubious people, his actions negatively affect the financial well-being of the family.

Making a decision to limit the legal capacity of a relative is a serious step. But it becomes the only way to protect your family from the illegal actions of an alcohol addict.

Registration procedure

To recognize an alcoholic as partially incompetent, you need to write a statement of claim to the court.

Initialization of the process of declaring an alcoholic incompetent begins with a statement of claim to the court

The following persons have the right to initiate this procedure:

• close relatives, including parents, children, brothers and sisters, regardless of their place of residence;
• distant relatives living with the alcohol addict;
• representatives of guardianship authorities;
• psychiatric institutions;
• social security authorities.

It should be noted that one statement is not enough for the court. It is necessary to provide testimony, audio recordings, photographs and videos confirming that the person has lost control of his actions.

If he committed illegal actions, it is necessary to prepare reports drawn up by the police. If you have debts, copies of bank requirements.

Now you need to do the following:

1. conduct a medical assessment of the ward’s legal capacity;
2. draw up a statement of claim at the place of its registration;
3. send the collected package of documents to the court;
4. invite witnesses to the court hearing;
5. come to the meeting in person.

The procedure for recognizing incapacity can be significantly simplified by hiring a lawyer who will represent the interests of the plaintiff in court.

Required package of documents

It is necessary to provide the court with documents that will help clarify the current situation and will provide convincing evidence of the inappropriate behavior of the alcohol addict.

To prove and declare an alcoholic incompetent, it is necessary to prepare certain documents

These include the following:

• passports of the applicant and the citizen against whom the court hearing is initiated;
• certificate of family composition;
• medical documents issued after medical examination. examinations;
• if an alcoholic is registered at a drug treatment clinic, a certificate must be provided;
• documents confirming family ties with an alcoholic;
• act of medical examination for legal capacity.

Having received the court decision, the applicant should take it to the guardianship authorities to formalize guardianship.

Consequences of limitation of legal capacity

Knowing how to recognize an alcoholic as incompetent and where to start this procedure, you should familiarize yourself with the rights and responsibilities that remain with the ward.

These include the following:

1. the ability to make small household purchases;
2. bearing responsibility for financial transactions carried out personally by the alcoholic;
3. bearing responsibility for harm caused to other people.

The trustee receives salary, pension and other payments on behalf of the alcohol addict. He also carries out legal transactions and large household purchases.

Conclusion

Alcohol is a poison that destroys internal organs and human systems. The brain suffers the most from it.

Therefore, a person who drinks alcohol uncontrollably for several years becomes dangerous to others.

Limiting his legal capacity becomes the only correct decision that allows the family to improve their financial situation, preserve their property and, most importantly, their life.

Video: How can an alcoholic be declared incompetent? / Narcologist's notes

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If you found this article, then I think you need an answer to a specific question. Therefore, we will not describe what legal capacity is and other theories and will go straight to the topic of your question.

Types of incapacitation

A person's age of 18+ does not automatically mean the ability to exercise rights and fulfill responsibilities. For some diseases and pathological conditions, the subject may be deprived of legal capacity.

Loss of independent legal status leads to the following consequences:

• recognition of incapacity (Article 29). Legal status should not be equated with a person’s insanity. Incapacity means complete loss of legal functions due to a diagnosis of mental illness. The alcoholic does not understand the essence of his actions at all and is unable to control them;
• limitation of legal capacity (Article 30). Dependence on alcohol, psychoactive substances, and gambling distort moral and volitional qualities. The subject loses the ability to self-control and puts the family in a difficult financial and social situation. Guardianship is established over such a person due to incomplete legal capacity.

The similarities and differences between the statuses are presented in the table below.

If the person regains the ability to control his actions, understand, analyze and direct his actions, the court returns the lost legal capacity.

Who can be declared incompetent?

Not every citizen can be declared legally incompetent. The law establishes a clear list of persons who can be declared legally incompetent. Such persons include citizens who meet two criteria:

1. they do not understand the meaning of their actions;
2. they cannot independently direct their actions.

At the same time, such a citizen can be either deprived of legal capacity or have it limited. This depends on the degree of impairment of his ability to understand his actions and direct them. For example, if such a citizen can still understand the meaning of his actions and manage them, but only with the help of other persons, the court limits his legal capacity. To be deprived of legal capacity, a persistent lack of understanding of one’s actions and a complete inability to direct them is necessary.

It is also worth remembering that the court can limit the legal capacity of a citizen who was previously recognized as completely incompetent, but only if his mental and physical condition improves so much that he will be able to understand and direct his actions.

Can an alcoholic be declared legally incompetent?

The answer to this question is unequivocal - it is impossible. A citizen who abuses alcoholic beverages or alcohol can only be recognized as having limited legal capacity at the request of his family members. However, if such a citizen, as a result of the use of alcoholic beverages or drugs, ceases to understand the meaning of his actions and manage them (even with the help of strangers), then he can be declared incompetent on the basis of a mental disorder caused by the relevant substances.

Can an elderly person be declared incompetent?

Old age, in itself, is not an absolute basis for declaring a person incompetent. Although an elderly person no longer has the same intelligence as young people, an elderly person can be declared incompetent only on the basis of a mental illness, as a result of which he no longer understands the meaning of his actions.

In what cases is an alcoholic deprived of legal capacity?

The opportunity to limit the legal capacity of an alcoholic or a person addicted to gambling was provided by the Civil Code 4 years ago. Since then, courts have actively used the mechanism. In 2016 alone, 342 drinkers partially lost their legal capacity and were placed under financial control.

Please note. Alcoholism does not lead to complete deprivation of legal capacity, but only to its limitation. Pathology does not have to be officially confirmed; everyday abuse is sufficient. In Article 30 of the Civil Code, legal capacity is limited for citizens who abuse alcohol, and not just for clinical alcoholics.

In accordance with Art. 29 of the Civil Code, recognition of an alcoholic or excessive domestic drunkenness as incompetent is possible under the following conditions:

• official recognition of mental illness;
• establishing a biological relationship between mental disorders and alcohol abuse.

Let's say right away that this is very difficult. Therefore, it is better to recognize the drinker as having limited legal capacity. For this status, three conditions must be present:

• excessive drinking of alcohol;
• loss of control over actions, lack of will, illegal behavior, aggressive attacks;
• deterioration of the family’s financial situation: the alcoholic has accumulated debts and communicates with dubious companies.

Restrictions on the legal capacity of an alcoholic and control over his legal actions are not a whim of relatives, but a severe necessity. After several years of dependence on alcohol, personality changes are so critical that the patient is dangerous to those around him.

Restrictions on the capacity of an alcoholic are a severe necessity

Who can apply to declare a citizen incompetent?

A citizen can only be declared legally incompetent in court. To do this, you must apply to the court with a corresponding application. However, not every person can apply; the circle of persons who are granted such a right is prescribed by law. Thus, the following can apply for recognition of a citizen as incompetent:

1. family members;
2. close relatives (parents, children, brothers, sisters);
3. guardianship and trusteeship authorities;
4. medical organizations providing mental health care.

How to recognize an alcoholic as incompetent - step-by-step instructions

• guardianship authorities;
• social protection authorities.

Collecting testimonies, compiling eyewitness data, copies of bank demands, video and audio recordings, police reports - this is where to start limiting the legal capacity of an alcoholic.

• sending documents to court;

Documents

The documentary package should present a clear picture of the situation and give an answer - whether an alcoholic can be recognized as having limited legal capacity. To do this we collect:

• a copy of the passport of the citizen in respect of whom the meeting is initiated;
• certificate of family composition;
• medical documents about the health status of the alcoholic: disability, registration in the IPA, examinations performed, etc.;
• confirmation of family ties between the applicant and the problem person;
• act of medical examination of legal capacity during its implementation.

After receiving the documents, the court determines the date of the hearing. Then the applicant, with a court decision to limit the citizen’s legal capacity, is sent to the guardianship authorities to formalize guardianship.

An applicant with a court decision to limit legal capacity must register guardianship with the guardianship authorities

How to admit an alcoholic to a psychiatric hospital - step-by-step instructions, documents and reasons

Families where there is an alcoholic know firsthand how difficult it is to live with such a person under the same roof. Especially during periods of heavy drinking and the appearance of mental disorders of the drinker.

If such a person begins to act “oddly,” we have to solve the problem of how to commit an alcoholic to a psychiatric hospital. They are pushing for this step:

• alcohol-induced acute psychoses, hallucinations, delusions and other obvious manifestations of changes in the psyche;
• a threat posed by a person to himself, relatives and strangers.

Compulsory medical measures will require judicial recognition of a dangerous mental state. The court will order a collegial forensic psychiatric examination. And only after confirmation of the grounds will the patient be told “Welcome to a psychiatric hospital, friend!”

How to document?

The most difficult thing in limiting the legal capacity of an alcoholic is collecting documents and getting a positive court decision. To force a person to be committed to a psychiatric hospital, you will need:

• passport of the applicant and alcoholic;
• if a person is registered in narcology, then the package of documents must include examination reports and treatment course protocols;
• photo and audio - material substantiating the requirements.

No matter how annoying the drinking relative is, the court will approve hospitalization based on compelling arguments. Therefore, the statement of claim is supplemented with confirmation of the alcoholic’s inappropriate behavior and his danger to those around him.

The most difficult thing in limiting the legal capacity of an alcoholic is collecting the necessary documents

If a person has committed illegal acts, before being sent to a hospital through the court, you need to stock up on police materials on the case. Any evidence of alcoholism, a person’s sick psyche, or his incapacity is applicable. The main thing is that the method of obtaining evidence is permitted by the civil procedural code.

Courts are not very willing to send citizens to a public hospital. So, if an alcoholic needs psychiatric help, but the approval is not received at the court hearing, he will have to go to a private clinic.

Persons who abuse alcoholic beverages or drugs (alcoholics and drug addicts) may be recognized by the court as having limited legal capacity. A similar procedure for declaring incompetence applies to citizens suffering from gambling addiction.

Important. The Civil Code of the Russian Federation stipulates that a citizen can be recognized as incompetent or partially capable only in court.

How to recognize a person as incompetent, where to start

An alcoholic can only be recognized as having limited legal capacity through a court. The justifications are supported by evidence that complies with civil procedural rules (Article 55 of the Code of Civil Procedure). An alcoholic has the right to initiate suspension of legal capacity:

• distant relatives living together with the “hero”;
• close relatives (children/parents, sisters/brothers) regardless of cohabitation;
• guardianship authorities;
• psychiatric medical institutions vested with the rights to examine the capacity of an alcoholic;
• social protection authorities.

Once the witness package is ready, the following steps will be required:

• conducting a medical examination of the alcoholic’s capacity;
• preparation of a statement of claim to the city/district court at the place of registration of the candidate for restriction of rights;
• sending documents to court;
• invitation to a meeting of witnesses;
• participation in the consideration of the case in court.

Recognition of a person's incapacity is a rather complex procedure that requires resources and time. How to recognize a person as incompetent, and how should preparations for the procedure be organized, what is the procedure for deprivation of legal capacity?

Step by step instructions

1. First, you need to understand exactly who can apply for such a procedure. The Civil Code (Civil Code of Russia) describes in detail the small circle of persons who can file a claim to recognize a certain person as unable to fully carry out their activities as a full citizen of their country and a member of society. This circle includes the participant’s family (mother, father, brothers, sisters, children), close relatives (spouses, grandparents), guardianship and trusteeship authorities, as well as authorized institutions, for example, a neurological clinic in which the citizen was/is being observed.
2. Having decided who will submit the application, you need to understand where to apply and which body is responsible for considering cases of this category. This type of application is considered by the district court at the plaintiff’s place of residence. You must have a passport with registration in a specific area.
3. The next step is to complete the application. To properly file a claim, you must follow all the rules. In the application, it is important to correctly indicate the name of the court to which the claim is being filed, its address and the addresses of the authorities interested in recognizing the incapacity of a person, for example, psychiatric hospital. The document details the reason why it should be approved. It is important to indicate the reason, whether it is a stroke or some kind of mental illness. It is also necessary to specify the article of the Civil Code in accordance with which this application is submitted.
4. Carrying out an examination. Immediately after receiving the application, in order to decide whether a person can be recognized as legally incompetent, a forensic examination must be carried out, which will help determine whether the person really cannot exercise his rights and obligations due to deviations in his health. Most often it comes in two types: laboratory and inpatient and includes a high-quality and detailed examination by a psychiatrist.

Before submitting an application to the judicial authorities, you must prepare all the documents:

• a copy of the patient's passport;
• pension certificate (if any);
• certificate of the patient’s presence in the hospital (if any);
• a certificate from the authorities confirming residence at the place of residence;
• documents confirming the relationship with the patient;
• certificate of payment of state duty;
• sample application.

If the entire procedure was carried out without any violations, then the court begins to consider the case. At the same time, at the final meeting the presence of the person who is recognized as legally competent is mandatory. However, in some compelling cases (for example, if a citizen is disabled), his presence does not play any role. Taking into account the forensic psychiatric examination, the court can make a decision in approximately three months.

A citizen is declared incompetent through a judicial procedure. If this citizen lives at home, then the case is considered by the district court at his place of residence. If a person is undergoing treatment in a hospital or permanently resides in a social institution, then the case will be under the jurisdiction of the court at the location of these organizations. The processes of deprivation and limitation of legal capacity themselves follow the same rules.

The procedure for declaring a citizen incompetent begins with the filing of an application by an authorized person to a judicial authority. The list of persons who can apply to declare a citizen incompetent is contained in the Civil Procedure Code. These include:

• spouses, other persons living together with a citizen;
• children over 18 years of age;
• parents;
• brothers, sisters;
• guardianship service;
• psychiatric treatment facility;
• institution for permanent residence of disabled people.

A person suffering from a mental disorder cannot go to court to have him declared legally incompetent.

When going to court, the applicant will have to pay a fee in the amount of 300 rubles. The consideration of such a case will not entail any other costs: the applicant is exempt from other costs. However, the law contains one exception to this rule: if in court it turns out that the applicant knowingly unreasonably tried to deprive a citizen of legal capacity, then all expenses incurred during the trial will be recovered from such an unscrupulous applicant.

First of all, after accepting the application, the judge must order a psychiatric examination to determine the mental state of the person. If a sufficient number of supporting documents are attached to the application, such an examination can take place in absentia. In-person examination is carried out on an outpatient basis or in a hospital.

• applicant;
• representative of the prosecutor's office;
• guardianship officer.

The person against whom an application for recognition as incompetent has been filed is also invited to a court hearing and during the process has the right to express his position on the case.

So, in order to recognize a citizen as insolvent, it is necessary to submit a petition to the judge, who, based on the facts and medical certificates, will order an expert assessment of the patient.

Grounds for restricting legal capacity

The grounds for recognizing persons as having limited legal capacity are established in Article 30 of the Civil Code of the Russian Federation. To limit legal capacity, the following conditions must be simultaneously met.

Conditions for limiting the legal capacity of alcoholics and drug addicts:

• 1 condition. The citizen has an addiction to gambling, alcohol or drug abuse.
• Condition 2. Due to the above health deviations, a person puts his family in a difficult financial situation.

Also, restriction of legal capacity can be applied to a person who, due to a mental disorder, can understand the meaning of his actions or manage them only with the help of other persons.

For reference. It is possible to recognize a person as completely incompetent only if he is unable to understand the meaning of his actions due to a mental health disorder.

Resolution of the Plenum Supreme Court RF dated June 23, 2015 N 25 “On the application by courts of certain provisions of Section I of Part One Civil Code Russian Federation" established health criteria that are sufficient to limit legal capacity when considering cases in court.

Alcohol or drug abuse, giving grounds for limiting the legal capacity of a citizen, is their use, which 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 when considering this issue, the possibility of limiting the legal capacity of a person who abuses alcohol or drugs is not made dependent on his recognition as suffering from chronic alcoholism or drug addiction.

Addicted to gambling, one should understand psychological dependence, which, in addition to an intractable attraction to gambling, is characterized by disorders of behavior, mental health and well-being of a citizen, manifested in a pathological attraction to gambling, loss of gaming control, as well as prolonged participation in gambling despite the onset of adverse consequences for the material well-being of members his family.

At the same time, 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 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 abuse or drugs does not provide them with the necessary financial assistance, or his family members are forced to fully or partially support him.

Documents, as well as witness statements, can be used as evidence of a person’s addiction to gambling, alcohol or drug abuse.

If it is impossible to present evidence at the court hearing, you should write a petition to obtain evidence, for example, from a medical institution, police station, from banks about loan obligations, from your place of work, etc.

Persons who have the right to apply to the court for recognition as having limited legal capacity

Only the following can apply to the court to recognize a citizen as having limited legal capacity (Part 2 of Article 281 of the Code of Civil Procedure of the Russian Federation):

• family members of persons suffering from alcoholism and drug addiction;
• guardianship and trusteeship authorities,
• medical organization providing psychiatric care.

Concept of incapacity

Incapacity is a concept that relates to the legal sphere and assumes that a person cannot fully bear responsibility for his actions and exercise civil rights. The status of incompetent is issued in accordance with various mental disorders, which are confirmed by the conclusion of a medical professional.

Since legal capacity is directly related to civil liability, all criteria and other data related to this status are reflected in the Civil Code of the Russian Federation.

Incapacity is divided into 2 types: medical and legal. Medical incapacity is characterized by the presence of serious violations and deviations from the norm in the mental health of a citizen. Legal side disability is characterized by how deep the disease is, and to what extent the disease interferes with the high-quality implementation of a person’s civic activities.

Only a court can declare a free person incompetent after conducting a forensic medical examination. Such a person automatically acquires, but at the same time loses certain rights.

An incapacitated person cannot be left alone, therefore, at the request of the court, guardianship is assigned to him by the guardianship and trusteeship authorities. In this case, the guardian must provide the guardianship authorities with several documents confirming the ability to care for another person and provide the necessary support.

Go How to recognize alimony defaulter as missing

List of documents for registration of guardianship:

• certificate from the place of work about the level wages, which shows the ability of a guardian in case of emergency to support an incapacitated person;
• pension certificate (if the guardian is a pensioner);
• a certificate of health of the guardian, confirming his good and stable physical and psychological condition;
• a document confirming the guardian’s readiness to take care of a person in need (application for guardianship);
• autobiography of a guardian.

The guardian is obliged to represent and protect the interests of his ward, often speaking on his behalf. At the same time, he must act adequately, openly and impartially. This is a very big responsibility, so a person must be both morally and physically ready to fulfill the obligations assigned to him.

As described earlier, the basic principle of dividing the types of legal capacity is the medical and legal parts. However, there is a more detailed classification:

• Incapacity due to age. All citizens under 18 years of age have this type of incapacity by default; full civil liability occurs only after reaching adulthood. Minor young people bear slightly different responsibility for committing various illegal acts than adult citizens. The same type occurs at an older age; most often, the recognition of an elderly person as incompetent is the result of some suffered, very serious illness, due to which the person simply ceases to think adequately and be responsible for himself and his actions.
• Associated with mental disorder. As a result of such a disorder, the person also completely or partially loses the ability and ability to adequately respond to the situation, think about his own actions and correctly evaluate the behavior of other people. There are a number of diseases, the identification of which almost automatically leads to recognition of the patient's incompetence.
• Partial incapacity. From the age of fourteen, a child is considered partially capable, as a result of which he can independently freely carry out some legal actions, for example, making contributions and exercising copyrights.

Any disability limits a person’s life and affects his behavior and actions.

Incapacity is the inability of a person to be responsible for his own actions, to create for himself and follow the responsibilities of civil society, the inability to stand up for his rights due to old age or personality disorder.

Due to many years of living, a mental disorder or a number of other diseases, a person is not able to take responsibility for himself. This condition is dangerous not only for others, but also for the citizen himself.

In addition, attackers can take advantage of his condition by using cunning and deceit to force the incapacitated person to donate, sell for pennies, a valuable, expensive item, or sign important documents.

And in order to protect a person from such influence from outside environment, he must be declared incompetent.

In our country, it is customary to distinguish between several types of incapacity:

• Age-related failure.
• Incapacity due to mental disorder.
• Partial incapacity.

Age-related incapacity, in turn, is divided into two categories - this is the inability of a person to be responsible for himself in a minor and in old age. Moreover, the procedures for declaring a citizen insolvent due to old age or mental health are no different.

When answering the question of how to recognize an elderly person as incompetent, and where to start, you need to turn to the Civil Code of the Russian Federation. Thus, based on Article 29, we can conclude that the right to recognize a citizen’s insolvency is granted only to the court. Moreover, the judge must make a decision based on two criteria:

• Medical - recognition of a person as mentally abnormal.
• Legal - recognition of a person’s inability to understand the meaning of his actions, which constitutes an intellectual aspect, and the inability to direct his actions - the volitional aspect.

It is worth saying that not every identified mental disorder will help recognize a person as incompetent. This is stated in Article 29 of the Civil Code of the Russian Federation. Thus, a citizen can lose legal capacity only due to a diagnosis that states that the person does not understand the meaning of his actions and cannot build a logical chain of their consequences.

In addition, loss of capacity may occur while a person is receiving inpatient or outpatient treatment for a mental health condition.

Based on the same article, you can submit an application for trial in two cases:

• For alcoholism or drug addiction.
• In case of mental disorder or old age.

In all cases, without exception, only family members - parents, wives, adult children, brothers and sisters, representatives - can file a petition for trial. government agencies guardianship and trusteeship, as well as employees of medical institutions in which the incapacitated citizen was treated.

The petition is accepted by the judge directly at the patient’s place of residence, or at the address of the psychotherapeutic dispensary where he was treated. It is important to say that the trustee must present irrefutable evidence, otherwise the judge does not have the right to appoint a court.med. expert assessment.

To recognize a person as incompetent, a medical court is needed. expertise.

The procedure for recognizing a person as having limited legal capacity

Recognition of a citizen as having limited legal capacity is carried out by the court according to the rules of Chapter. 31 Code of Civil Procedure of the Russian Federation.

Thus, To establish the fact of incapacity, it is necessary to file an application with the court.

Determination of the court to which the application is filed

The application is submitted to the district court at the place of residence of the citizen, and if the citizen is placed in a medical organization providing care in an inpatient setting, or an inpatient social service organization intended for persons suffering from mental disorders, at the location of these organizations.

Basic requirements for an application to the court

The application for limitation of legal capacity must set out the circumstances indicating that the person is addicted to gambling or abuses alcohol or drugs, as well as the circumstances that he puts his family in a difficult financial situation (Article 282 of the Code of Civil Procedure of the Russian Federation) .

Attach documents confirming the above circumstances to the application, for example, a copy of the marriage certificate; a salary certificate, a certificate from a narcologist, documents confirming the difficult financial situation of the family, etc., as well as copies of the application and these documents for interested parties (Article 132 of the Code of Civil Procedure of the Russian Federation).

In addition, you must pay a state fee. The fee for special proceedings for citizens is 300 rubles. (Clause 8, Clause 1, Article 333.19 of the Tax Code of the Russian Federation). Details for paying the state duty can be found in the court at the place where the dispute is being considered or found on the website of the relevant court. A document confirming its payment must also be attached to the application.

Trial

The court considers an application for limitation of legal capacity with the participation of the citizen himself, the applicant, the prosecutor, and a representative of the guardianship and trusteeship authority (Article 284 of the Code of Civil Procedure of the Russian Federation).

In court, you need to prove your position, that is, the person’s addiction to games, alcohol or drugs and the difficult financial situation of the family. For proof, any documents confirming these facts, as well as witness testimony, are used.

The court decision comes into force upon the expiration of the period for appeal, if it has not been appealed. In this case, the period for filing an appeal is one month from the date of the final court decision.

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.

Deprivation of a citizen's legal capacity

Having figured out how to formalize incapacity, it is also important to keep in mind how to appeal a court decision if something happens.

Go How to obtain guardianship over an incapacitated elderly person 80 years old, a disabled person, a mentally ill person (samples of documents, applications)

A court decision declaring a citizen incompetent can be appealed within one year (but more often within a much shorter time; the exact period for appeal is announced directly at the meeting).

The incapacitated person himself cannot file a claim if the court's order has already entered into force. However, if the court decision has not yet entered into force, then the person against whom the case is being conducted can prove his legal capacity, the fact that he does not need guardianship, and even the fact that they wanted to deprive him of this right illegally and the reason for this is, for example, old grievances.

To make a decision, the court starts again forensic examination. Many practitioners claim that capacity can indeed be restored. The person is restored to various civil rights and gets the opportunity to start life anew. However, in this case the person will lose the right to various social benefits.

Is it possible to recognize a person as incompetent if he is an alcoholic or drug addict? An alcoholic or drug addict can also be declared incompetent. However, for this it will not be enough to provide a certificate from the hospital; it is also necessary to provide evidence: for example, recordings from CCTV cameras or witness statements.

A person suffering from a mental disorder cannot go to court to have him declared legally incompetent. When going to court, the applicant will have to pay a fee in the amount of 300 rubles.

Consequences of declaring a person limitedly incompetent

Guardianship is established over persons recognized by the court as having limited legal capacity.

Such a person has the right to independently carry out small household transactions (purchase of food, printed materials, stationery, household items, etc.).

A person with limited legal capacity may enter into other transactions only with the consent of the trustee.

Earnings, pensions and other income are spent by the trustee in the interests of the ward.

The income of the ward in the form of alimony, pensions, benefits, compensation for harm to health and damage incurred in the event of the death of the breadwinner, as well as other funds paid for the maintenance of the ward, with the exception of income that the ward has the right to dispose of independently, are credited to a separate nominal account opened by the trustee. These funds are spent by the guardian or trustee without prior permission from the guardianship and trusteeship authority, but with the provision of a report on the expenditure of amounts credited to a separate nominal account.

The trustee's report for the previous year is submitted annually no later than February of the current year.

Other income of the ward, including income from the management of his property, with the exception of income that the ward has the right to dispose of independently, is spent exclusively in the interests of the ward and with the prior permission of the guardianship and trusteeship authority.

Important. At the same time, a citizen recognized by the court as having limited legal capacity independently bears property liability for the transactions he has made and for the harm he has caused.

Establishment of guardianship over a person recognized as having limited legal capacity

In accordance with the requirements of the Civil Code of the Russian Federation, only adult capable citizens can be appointed as trustees (guardians). Citizens deprived of parental rights, as well as citizens who, at the time of establishment of guardianship, have a criminal record for an intentional crime against the life or health of citizens cannot be appointed as guardians (Article 35 of the Civil Code of the Russian Federation).

The following persons have priority rights to be trustees over all other persons:

• grandparents,
• parents,
• spouses,
• adult children,
• adult grandchildren,
• brothers and sisters.

A trustee is appointed on the basis of a written application by the guardianship and trusteeship authority at the place of residence of the person who needs to establish guardianship over him.

Cancellation of a decision to limit legal capacity

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.

Trial

In our country there is a presumption of legal capacity, that is, until the contrary is proven, a person has the right to protect his interests and prove his worth. This may also be done by other persons, such as family members of the suspect.

During the trial the following must be present:

• Prosecutor
• Representatives of guardianship and trusteeship authorities.
• Medical expert who prepared a conclusion based on the examination.
• The future guardian is himself an incapacitated citizen.

An important feature of such a trial is the fact that the judge must make his decision based on the verification carried out. In view of this circumstance, the health worker should be asked the following questions:

• Does the suspect suffer from mental problems?
• Is a citizen, due to mental illness or old age, able to understand his actions and take responsibility for them?
• Is a citizen able to take part in a trial?

The issue of recognizing a citizen’s insolvency is decided for the future, so it is important to take into account the possibility of the patient’s recovery or, conversely, deterioration of the condition.

The procedure for declaring a citizen incompetent

Now that you understand who can be declared incompetent and who can do this, let's look at the procedure for declaring a citizen incompetent.

Step 1: Find out if you are eligible to apply

To do this, return to the beginning of the article and carefully study the list of persons entitled to submit such an application.

Step 2. Draw up an application to recognize the citizen as incompetent

To go to court with this application, you need to draw it up in compliance with all the rules provided by law. Thus, it must contain the following information and the following documents must be attached:

*you can pay the state duty at any bank by providing a receipt for payment of the state duty. You can download it on the official website. After you have clicked on the link, select the court to which you are filing an application, and then select the “Submission of an application in special proceedings” option. Fill in your name and address and print the cavitation. Take it with you to the bank (don’t forget to attach a check to your application after payment!).

Alcoholism is a serious medical and social problem, the cause large quantity dysfunctional families and crimes committed on domestic grounds. One of the ways to protect yourself and others can be considered limiting the rights of a patient with alcoholism. Let's figure out how to recognize an alcoholic as incompetent.

Is it possible to deprive an alcoholic husband or a credit-loving son of his legal capacity?

There was money - there is no money! - Help! My 18-year-old son is going to do something stupid for the second time in a year,” says Yulia.

“The point is that he is accumulating loans that my husband and I have to pay for.”

The first time he took out a loan was when he fell in love and spent all the money on his passion.

I don’t know what the company was thinking when they gave him a loan, but the fact remains: the student could not pay and we are paying back his debts.

Now that love has passed, a new one has begun.

And I found out that my son was going to take out a loan again to seduce a new girl. But he is still in school, which means that my father and I will have to pay off his debts again.

What can be done to stop companies from giving my son a loan? “My husband has been unemployed for two years now,” our reader Inga echoes Yulia. – A year ago he mortgaged our apartment to open a business, but it didn’t work out. Now he is going to take out some quick loans.

Fourthly, you can leave a question absolutely free. Based on the title of our website, our consultations are absolutely free, which you can count on when you ask a question on our website. To summarize the above, you can count on a lawyer or attorney to answer your question on our website in the shortest possible time, while later using the services of a specialist to resolve your issue as a whole.

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How to limit the capacity of an alcoholic?

Registration Oct 16, 2009 Messages 24 Is it possible to limit the legal capacity of an alcoholic so that he cannot sell his privatized apartment? Registration March 24, 2008 Messages 5,171 First, I would like to say right away that the law (Art.

30 of the Civil Code of the Russian Federation) does not make the possibility of limiting a citizen’s legal capacity dependent on his recognition as a chronic alcoholic or drug addict. I quote. Article 30 of the Civil Code of the Russian Federation. Limitation of the legal capacity of a citizen 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.

How to limit the legal capacity of a son with an alcohol addiction?

Hello! My son is an alcoholic. I live with him in the same apartment, which is shared ownership.

Yuzhno-Sakhalinsk

Collapse Online legal consultation Reply on the website within 15 minutes Answers from lawyers (2) 105 answers 40 reviews Chat Free assessment of your situation Lawyer,

He is 28 years old, has not worked for 5 years, and is completely supported by me. Can I deprive him of partial legal capacity so that he cannot do anything with his share of the apartment? August 23, 2019, 16:24, question No. 950529 Anna,

Article 30. Civil Code of the Russian Federation Restriction of the legal capacity of a citizen 1. A citizen who, due to addiction to gambling, alcohol or drug abuse

Lost

Alcoholism is a serious medical and social problem, the cause of a large number of dysfunctional families and crimes committed at home. One of the ways to protect yourself and others can be considered limiting the rights of a patient with alcoholism. Let's figure out how to recognize an alcoholic as incompetent. According to the Constitution of the Russian Federation, civil rights and responsibilities are assigned to a citizen from the moment of birth. The ability to acquire and implement them is called legal capacity:. Children under 14 years of age are recognized as legally incompetent. In some cases, loss of legal capacity occurs by court decision.

Can an alcoholic be deprived of his legal capacity?

Home Judicial practice Resolutions of the Plenum of the Supreme Court civil issues procedural law Proceedings in cases arising from administrative-legal relations. Special production. Order production. Having discussed the results of studying the practice of courts considering cases on recognizing a citizen as having limited legal capacity or incapacity, as well as on recognizing a citizen as legally competent or on canceling the restriction of legal capacity, for the purpose of uniform and correct application of legislation by the courts, the Plenum of the Supreme Court of the Republic of Belarus. To draw the attention of the courts to the fact that compliance with the rule of law when considering cases on recognizing a citizen as having limited legal capacity or incapacity, as well as cases on canceling the restriction of legal capacity or recognizing a citizen as legally competent is an important guarantee judicial protection civil rights.

But why can’t anything be done with a person who drinks if he lives with a mother or sister who feeds him, clothes him and generally looks after him? And his salary is received by strangers from whom he collects vodka. Is it possible to find a law so that the salary comes to the house where such a person lives?

The procedure for declaring incapacity for alcoholism

» How to recognize an alcoholic as incompetent in order to protect people from negative influence?

St. Petersburg Free assessment of your situation Hello Anna! Yes, indeed, according to current legislation, you have the right to limit your son’s legal capacity.

This question is legitimate and relevant when drunkards often cause inconvenience to relatives and friends with their behavior. A person can be recognized as incompetent only if he is chronically ill, and the stage of alcoholism has reached stages 2-3. In such situations, it is important to understand that any actions against him may end in failure, so negotiate in advance with a competent person in this regard.

When relatives and friends begin to understand that their loved one is becoming uncontrollable, losing common sense due to drunkenness, and his actions border on the actions of a madman, it is worth asking the question whether it is necessary to force him to be coded, undergo medical examinations, or simply “help” in other ways?

What could be the danger of such a situation? Alcoholism can never be cured, it is truly a disease, however, like gamblers, alcoholics may not deliberately “drink away” their housing, their work, their family.

Recognition of chronic alcoholics as temporarily incompetent

Chronic alcoholics of the 2nd and 3rd stages fall into an irreversible state of personality degradation.

The victims of such people are relatives who are forced to live together and endure arbitrariness on the part of the alcoholic, unable by law to actually do anything without the desire of the alcoholic himself (neither forced treatment, nor any other form of isolation or methods of punishment or influence) .

Or the alcoholic himself becomes the victim, for example, when scammers deliberately drug a person in order to take possession of his property (apartment).

Such cases are common. And there are still no effective mechanisms of influence on chronic alcoholics. Chronic alcoholics of the 2nd and 3rd stages actually cannot be considered capable people, since they exhibit mental disorder syndromes. Therefore, it is necessary to introduce procedures for compulsory medical examinations for chronic alcoholics.

Recognition of a citizen as having limited legal capacity

The law provides for a procedure for limiting legal capacity. In accordance with Article 27 of the Civil Code of the Republic of Kazakhstan, the General Part, a citizen who, due to the abuse of alcoholic beverages or narcotic substances, puts his family in a difficult financial situation, may be limited in legal capacity. Limitation of legal capacity means that a citizen, based on a court decision, is deprived of the right to make transactions, receive earnings, pensions and other income. He can dispose of them only with the consent of the trustee appointed to him.

Limitation of the capacity of an alcoholic

Published Thu 09/27/2018 - 21:10 by advokat1 Section: Ilya (Chelyabinsk) 09/27/2018 - 21:10 My younger brother is addicted to alcohol, he has no family, he has no money, he sells things, can I apply for a restriction of legal capacity and How likely is it that the court will satisfy it? Answered by lawyer - S.O. Koroleva: Hello Ilya! In answer to your question about the possibility of limiting the legal capacity of an alcoholic, we will give an example from judicial practice in a case with similar circumstances, from which you will see that in order to successfully complete this type of case, it is necessary to prove not the very fact of a relative’s alcoholism, but cohabitation with him, and evidence of that that he puts the family in an extremely difficult financial situation.

Appeal ruling of the Moscow City Court dated May 16, 2016 in case No. 33-18948/2016 Requirement: On limiting the legal capacity of a person. Circumstances: The plaintiff refers to the fact that her mother does not have independent sources of income, abuses alcoholic beverages, does not maintain the living space she occupies in proper condition, does not pay utilities, and leads an immoral lifestyle.

1. A citizen who, due to addiction to gambling, alcohol or drug abuse, puts his family in a difficult financial situation, may be limited by the court in legal capacity in the following manner:

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

He can carry out other transactions 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. The trustee receives and spends the earnings, pension and other income of a citizen whose legal capacity is limited by the court, in the interests of the ward in the manner prescribed by Article 37 of this Code.

(see text in the previous edition)

2. A citizen who, due to a mental disorder, can understand the meaning of his actions or manage them only with the help of other persons, may be limited by the court in legal capacity in the manner established by civil procedural legislation. Guardianship is established over him.

Such a citizen makes transactions, with the exception of transactions provided for in subparagraphs 1 and 4 of paragraph 2 of Article 26 of this Code, with the written consent of the trustee. A transaction made by such a citizen is also valid with its subsequent written approval by his trustee. Such a citizen has the right to carry out transactions provided for by subparagraphs 1 and 4 of paragraph 2 of Article 26 of this Code independently.

A citizen limited by a court in legal capacity on the grounds provided for in this paragraph may dispose of alimony, social pension, compensation for harm to health and in connection with the death of a breadwinner and other payments provided for his maintenance with the written consent of the trustee, with the exception of payments that are indicated in this Code and which he has the right to dispose of independently. Such a citizen has the right to dispose of these payments during the period determined by the trustee. The disposal of these payments may be terminated before the expiration given period by decision of the trustee.

If there are sufficient grounds, the court, at the request of the trustee or the guardianship and trusteeship body, may limit or deprive such a citizen of the right to independently dispose of his income specified in subparagraph 1 of paragraph 2 of Article 26 of this Code.

A citizen whose legal capacity is limited due to a mental disorder shall independently bear property liability for transactions made by him in accordance with this article. For the harm caused by him, such a citizen is liable in accordance with this Code.

Firstly, I would like to say right away that the law (Article 30 of the Civil Code of the Russian Federation) does not make the possibility of limiting a citizen’s legal capacity dependent on his recognition as a chronic alcoholic or drug addict.
I quote.

Article 30 of the Civil Code of the Russian Federation. Limitation of a citizen's legal capacity
1. Citizen who due to abuse alcoholic drinks or drugs puts his family in a difficult financial situation, may be limited 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 due to which a 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.

Recognition of a citizen as having limited legal capacity is carried out by the court general jurisdiction according to the rules of special production. According to Part 1 of Art. 281 of the Code of Civil Procedure, such cases can be initiated at the request of family members of this person, trade unions and other public organizations, prosecutor, guardianship and trusteeship authority, psychiatric hospital. Family members of a person who abuses alcohol or drugs include: spouse, adult children, parents, other relatives, disabled dependents living with him and leading general farming(Part 2, paragraph 4 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of May 4, 1990 No. 4 “On the 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”).

Evidence you must provide:
- evidence confirming facts of alcohol or drug abuse. Such evidence includes acts of the police and public organizations, certificates from medical sobering-up centers, acts of the administration on the removal of a person from work in connection with appearing drunk or under the influence of drugs, copies of court decisions in cases of reinstatement of persons dismissed under subsection. “b” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, witness testimony, as well as other materials (part 2, paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation);
- evidence of the family’s financial situation – these are documents on family income (salary certificate, scholarships, pensions, etc.);
- certificate from place of residence about family composition;
- characteristics of the person in respect of whom the question of limitation of legal capacity is raised;
- certificate of salary of the citizen in respect of whom the issue of limitation of legal capacity is being decided;
- a certificate from a narcologist (can be presented to confirm the abuse of alcoholic beverages and narcotic drugs);
- a copy of the marriage certificate;
- copies of children’s birth certificates;
- other evidence.

Since when considering cases of this category, the participation of the guardianship and trusteeship authority, as well as the prosecutor, is required, the court will hear their conclusions too.

In special proceedings there are practically no parties, so it is difficult to talk about the distribution of the burden of proof. But in this category of case, the applicant is confronted by the person against whom the case of limitation of legal capacity has been initiated, as well as other interested parties who believe that there are no grounds for limiting legal capacity.

P.S. Goblin And Kent, it’s good to flood with your vodka boxes, OK?

from 05/02/2020

Sometimes relatives, by their behavior, can force them to take drastic measures, including filing a petition in court to limit their legal capacity. We are talking about situations when a loved one is sick with alcoholism, drug addiction, or is addicted to gambling. And so much so that he spends most of his family’s income on it.

Drawing up an application for limitation of legal capacity is not difficult. Some difficulties may arise when providing. Our website was created to provide legal assistance and we described the nuances of the case below.

What is limitation of legal capacity? In contrast, the citizen will retain the right to make small household transactions, and he himself is responsible for the harm caused to him. But the income and earnings of such a person will be managed by the trustee.

Application example

Grounds for restricting legal capacity

Applicants in a case of limitation of legal capacity may be:

• that citizen whose legal capacity should be limited -
• guardianship authorities
• employees of a medical organization providing psychiatric care.

In this case, family members must prove the difficult financial situation of the family created as a result of the person’s behavior. Financial problems should arise either as a result of a citizen’s passion for gambling, or due to drug addiction or alcohol abuse.

It is impossible to limit the legal capacity of a person who lives alone. And who does not have dependents or material obligations to other citizens (for example,). Only running a joint household (living) or dependence on a citizen’s income (for example, a parent receives a pension but does not provide for the child’s needs) can become the basis for filing a corresponding application for limitation of legal capacity with the court.

According to the same rules, it is possible to limit the legal capacity of a minor (from 14 to 18 years old) who clearly unreasonably manages his income (scholarship, etc.).

How to file an application for limitation of legal capacity in court

The initiator submits an application for limitation of legal capacity to the district court at the place of residence of the interested person. That is, a citizen whose legal capacity must be limited. In addition to paying the state fee, applicants are exempt. But if it is proven that the application for limitation of legal capacity was filed for mercenary purposes and is obviously a slander against the citizen, the court will recover all legal costs from the applicant.

The applicant submits all available written evidence to the court in copies (the originals are for viewing at the court hearing).

It is not necessary that the person concerned be registered as suffering from chronic alcoholism or drug addiction. It is important to prove the fact of abuse, as a result of which the family is placed in a difficult financial situation.

Gambling addiction is generally difficult to prove. But it usually causes psychological dependence, behavioral disorders, mental health and well-being of the citizen. As additional evidence, you can state.

Consideration of the case in court

A case involving:

• applicant (who filed documents with the court)
• interested person (citizen whose legal capacity is limited)
• prosecutor,
• guardianship and trusteeship authority.

A positive decision to limit the legal capacity of a citizen will become the basis for the appointment of a trustee for such a person, who will manage the person’s income (for example, a pension, earnings) and conclude the necessary contracts on his behalf. A trustee cannot act contrary to the interests of a citizen with limited legal capacity.

If, after a decision is made on the application for limitation of legal capacity, life circumstances change (the person is cured), you can file a lawsuit.

How to recognize an alcoholic as incompetent in order to protect people from negative influence? This question is legitimate and relevant when drunkards often cause inconvenience to relatives and friends with their behavior. A person can be recognized as incompetent only if he is chronically ill, and the stage of alcoholism has reached stages 2-3. In such situations, it is important to understand that any actions against him may end in failure, so negotiate in advance with a competent person in this regard.

When relatives and friends begin to understand that their loved one is becoming uncontrollable, losing common sense due to drunkenness, and his actions border on the actions of a madman, it is worth asking the question whether it is necessary to force him to be coded, undergo medical examinations, or simply “help” in other ways? What could be the danger of such a situation? Alcoholism can never be cured, it is truly a disease, however, like gamblers, alcoholics may not deliberately “drink away” their housing, their work, their family.

Often young families break up because of drinking fathers, professors who are addicted to alcohol are fired from their jobs, and the worst thing is that the health of the alcoholic himself, his loved ones, and children suffers, since often, being in euphoria and anger, they can show aggression and inflict countless irreparable mistakes. Is it possible to declare an alcoholic incompetent in order to somehow protect the financial and material side of the issue? The legislation of the Russian Federation provides for this, but what exactly is legal capacity, and what will happen if it is deprived of a person?

From the moment of birth, a person automatically becomes the owner of rights and obligations. Legal capacity is regulated in Article 17 of the Civil Code of the Russian Federation.

These rights cannot be exercised by persons:

1. Who have a mentally unstable psyche.
2. Who cannot assess the situation sensibly and correctly from their own perspective.
3. Those who are not yet 18 years old, for example, teenagers who are not yet allowed to vote and participate in various events, or work officially (in some cases).

During this period, a person cannot yet control the situation and account for his actions. The same can be said about teenagers. For example, the younger brother, out of ignorance and due to his age (12-13 years), did not yet understand the consequences of the crime committed (theft), but he was called to criminal liability and assessed a fine. The older brother, who is already 22 years old, can understand what leads to the consequences, what they may be.

Many teenagers now believe that “I’m a teenager, nothing will happen to me” is an argument in their favor when committing any crime. However, there are parents who are obliged to be responsible for their children. The same thing happens in the head of an alcoholic, who, like a maximalist child, believes that he is right. Doctors explain this impulse towards achievements as far-fetched and fictitious. This creates potential danger and threat when the alcoholic believes that he is self-confident and courageous. The legal capacity of an individual and the psychological component are the legal capacity of a person in accordance with Article 21 of the Civil Code of the Russian Federation.

Possessing this status (an adult in years and a psychologically mature personality), a person has the right:

1. Enter into civil or family relationships - get married, start a family.
2. Responsible for the material and technical base - at work and in the social sphere, he can manage money, go to work, make financial transactions (sell an apartment).
3. Represent and protect your interests and the interests of your child.
4. Perform various tasks in the aspect of legal authorities - testify, testify.
5. Be responsible for transactions that cause financial damage.

A person’s legal capacity is associated with many provisions, his rights and responsibilities, which he performs in his right mind in accordance with the current legislation of the Russian Federation.

Options for loss of legal capacity

Position in society, age and authority also do not give a person the full right to fulfill his duties if he has pathologies or diseases, which is natural. If you break your leg, you probably won't be able to lead group soccer practices. Therefore, sometimes a person, as a subject, is deprived of legal capacity in relation to a particular case.

When a person loses his legal status, the following restrictions apply to him:

1. According to Art. 29 incapacity can be recognized in relation to legal status. Then an example should be given that this aspect cannot have analogies with insanity. Inability to do anything is entirely a loss of legal obligation due to a confirmed diagnostic mental illness. Alcoholics do not understand their actions, the force that guides them.
2. Limitation of legal capacity according to the same Article 29 means that alcohol dependence or psychotropic drugs, gambling addiction, gambling (gambling) in financial terms distort the moral and volitional qualities of the individual. The subject temporarily loses his constitutional rights until he is cured. This is provided to protect family, finances and society.

Guardianship is established over a person who has been limited or deprived of legal capacity.

To understand the similarities and differences between the statuses, data regarding legal capacity is provided below.

If a person has regained the ability to think rationally, he can be held accountable for his actions and deeds; in court, responsibility is returned to him and legal capacity.

How to recognize an alcoholic as incompetent, and where should this harsh necessity begin? An alcoholic’s rights and responsibilities can be limited by referring to the Civil Code. But already 5 years ago they began to apply strict measures, declaring people completely incompetent. At the same time, a disease or pathology does not always need diagnostic and medical confirmation if this is truly impossible. According to Article 30 of the Civil Code of the Russian Federation, legal capacity is revoked in severe alcoholics and those who are clinical in this regard.

Based on Article 29, you can limit yourself from danger in everyday life on the basis of the following:

1. Deprive, and not limit, the legal capacity of a person who is officially considered mentally ill.
2. Mental abnormalities must be caused precisely by alcohol, and after 7-9 years, every second alcoholic comes to such a sad conclusion.
3. Before this, it is necessary to recognize a person as limited in ability on the basis of excessive drunkenness, loss of self-control, lack of will, misconduct in society, aggressive attacks.

In judicial practice, such actions are difficult to perform, so a person’s ability is often limited, giving him a chance to recover after a course of treatment. He ceases to engage in work activities, cannot claim, as an heir, the property funds of his relatives, and is not obliged to pay alimony. However, he retains the right to sell real estate, dispose of personal belongings, and be responsible for actions in court.

If, due to excessive drinking of alcohol, a person loses control in the area of ​​harm to health, which leads to unintentional death, he is also liable to the full extent of the law, but is subsequently committed to a mental hospital for the purpose of treatment. Tand he automatically receives the status of a mentally ill person, who is deprived of legal capacity not partially, but completely.

In order not to bring the attacks of drunken people to court, and not to risk the life and health of third parties and relatives, there is an exceptional measure that is aimed at depriving people of legal capacity to toughen punishment and protect relatives and friends.

Declaration of incompetence due to alcoholism - judicial practice shows statistical data how to carry out and organize the procedure:

1. The process takes place in court, in accordance with civil procedural rules under Article 55 of the Code of Civil Procedure of the Russian Federation.
2. Only relatives who live with him, relatives and friends who have a degree of relationship but do not live with him, guardianship authorities can suspend the legal capacity of an alcoholic if his actions harm the psyche and health of the child, psychiatric hospitals if they have the means to prove persons depending on alcohol.
3. Bodies of social protection of the rights of society.

As soon as relatives and authorized persons have collected evidence, they need to go to court. It is worth noting that such cases can be supported by video and photography, which does not contradict legal norms and regulations.

• conduct an examination of the fact of involvement in alcohol abuse;
• file a claim in court in the region or place of residence of the drunkard;
• Register documents in court;
• interview witnesses, request their presence and testimony;
• participate directly personally in the stated accusation.

Only with the help of this data can the fight for moral and social justice begin. If a person constantly drinks, this is a sign of alcoholism, even if it all starts with small dosages. Of course, when loved ones suffer, family members, especially children, guardianship and trusteeship authorities independently consider the complaint of a family member, and also file a statement of claim to transfer the case to the court. Further, the decision is made without the knowledge of relatives, since some of them who are against such corrective measures may be considered interested parties. However, witness testimony can also be helpful in this case.