02.02.2019

Before submitting an application to the court, you must collect a package of documents confirming the existence of grounds for recognition as legally competent. If a citizen has been declared incompetent due to a mental disorder, it is necessary to obtain a conclusion from a psychiatrist about the improvement of his health. If the limitation of legal capacity was associated with alcohol or drug abuse, then a conclusion from a narcologist is required. For a minor who has reached the age of 16, it is necessary to submit employment contract or a certificate of registration as an entrepreneur.

Submission and consideration of an application for recognition of legal capacity

An application for recognition of legal capacity is submitted to district court at the applicant's place of residence. Such an application can be submitted by:

• the citizen himself is recognized as incompetent or partially capable
• guardian or trustee of such a citizen
• guardianship authority
• medical organization providing psychiatric care
• stationary organization social services, intended for people suffering mental disorders

Additionally, if a citizen is recognized as legally competent after the restriction of legal capacity, any member of his family can submit an application.

The application must indicate the circumstances for which the citizen was previously limited in his legal capacity and provide the reasons why the restriction should be lifted.

Interested parties in such cases will be:

on applications for recognition capable persons previously recognized as incompetent or limited in legal capacity - guardians, trustees, administration of specialized institutions;

on applications for recognition of minors as legally competent – ​​their parents or legal representatives.

The procedure for filing an application to cancel the restriction of a citizen’s legal capacity and recognizing the citizen as capable is enshrined in Article of the Code of Civil Procedure RF. The procedure for filing an application to recognize a minor as legally competent is enshrined in the article of the Code of Civil Procedure of the Russian Federation.

Consideration of the application will take place in open court hearing. In such cases, the guardianship and trusteeship authority, as well as the prosecutor, are necessarily involved. Based on the results of the consideration of the case, taking into account the conclusions of the guardianship and the prosecutor, the court makes a decision. By a court decision, the citizen is recognized as legally competent or the demands are refused.

A court ruling can be appealed by filing.

Consequences of recognizing a citizen as legally competent

After the deadline for appeal has expired, the decision comes into force legal force. A citizen recognized as capable can fully exercise his rights and bear the corresponding responsibilities. He can make any transactions not prohibited by law and be independently responsible for his obligations. In relation to such citizens, guardianship (trusteeship) and the established trust management their property.

Sample application for recognition of legal capacity

IN ____________________________________

(name of court)

Applicant: ___________________________________

(full name, address)

Interested people: _________________

(full name (name)

in full, address)

Application for recognition of legal capacity

Based on the decision of the court _________ (full name of the court) dated "___"_________ ____ to civil case _________ (name of the case) I was declared incompetent (or limited in legal capacity).

The basis for the court decision was that _________ (indicate the circumstances on which the court decision was made to limit legal capacity).

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The right word"imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Legal capacity is quite relevant today, it’s just that maybe not everyone has thought about it.

There are no guarantees or any safety measures from a court decision declaring a citizen incompetent.

Therefore, everyone needs to be aware of this topic.

Incapacity combines two special components: firstly, it is the identification of a mental illness, and secondly, it is uncontrollable actions and the inability to account for their implementation.

From the age of 18, a person is independently responsible for his actions, in some cases, from the age of 16. But there are certain circumstances when a person does not have the ability or desire to control and be accountable for his actions, that is, he becomes an incompetent citizen.

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General concepts of incapacity

Immediately after the guardianship authority appoints an official trustee, he becomes a representative incompetent citizen. All financial transactions, the sale or purchase of real estate can only be real if the relevant authority gives a positive response in writing.

The trustee must take care, first of all, about the physical and spiritual condition of the incapacitated person. This means providing proper treatment, organizing rest and leisure, worrying about living conditions, right down to providing food and everything necessary for a comfortable life. But the guardian is not given the right to sell movable and immovable property incompetent person. Also, when granting legal capacity to an incapacitated person, the guardian must petition the court and remove his guardianship.

The desire to be a support for an incapacitated person may be lost due to the personal will of the guardian, for constructive reasons. The guardianship and trusteeship body can also deprive the person of power if the trustee does not adhere to his or her obligations, for example, using guardianship for personal gain. Either in the latter case when the ward becomes competent.

Nuances of judicial recognition of a citizen’s incapacity

The procedure for ruling and recognizing a citizen’s incapacity is long, painstaking, responsible and complex.

This requires certain circumstances. Trial declaring a person incompetent can be divided into the following:

• applicant's speech
• speech by employees of the prosecutor's office and the guardianship authority
• explanation individual against whom the statement was written
• dubbing medical documents, as well as the result of a forensic psychiatric examination
• testimony of witnesses
• speech by a medical representative who conducted forensic psychiatric tests
• summing up and announcing a court decision declaring a citizen incompetent or rejecting an application

Court cases of this type take place in 2-3 sessions. On the first, preliminary meeting the circumstances of both writing the statement and going to court are announced. Often judges express a desire to see in person who is the object of the lawsuit.

If a person is unable to appear in court due to the risk of harm to the health of himself and others, then there is the option of the court visiting the person’s place of residence. After a personal meeting between the judge and the person who may lose or retain legal capacity, a decision is made on the need to order a forensic medical examination.

The judicial act in which the judge appoints has a period of 15 days.

The case is then handed over to experts. Experts study the case and contact the person who filed the application and ask to bring the person against whom the application was written to the commission.

There are cases when a person cannot come to the commission because he is bedridden, then an examination can be done by studying existing medical certificates. Typically, experts work on a case for about a month.

After which, the case is sent back to the court, and the court makes a decision on whether or not to recognize the citizen. During this, an employee from the prosecutor’s office and a member of the guardianship and trusteeship body express their opinion on this case, which must be taken into account by the court.

The decision itself comes into force after 30 days, and during this time you can collect everything necessary documents to register a trustee.

Life after acquiring the status of “incapacitated”

Modern world He is quite harsh towards people who are deprived of legal capacity.

We can say that they are completely devoid own opinion, since it is simply considered an empty phrase.

And relatives, guardians and trustees are afraid own death because society simply destroys disabled people, especially, .

If disabled child Fall into specialized institution, boarding school, then he is completely deprived of any rights, including the right to vote.

The boarding school becomes the guardian of the incapacitated person and must take into account the interests and desires of its wards. But in reality, things are completely different. Boarding schools are scary place, which have many similarities with places of deprivation of liberty.

In a boarding school a person is completely deprived of it. He can't eat, go to bed, or take a shower whenever he wants. He will perform the same actions, but under the careful supervision of boarding school employees and according to a schedule, and in case of disobedience, he can easily be sent to a psychiatric hospital.

The system of appointing a guardian itself, and then financial aid the incompetent has many dark and terrible sides and various tricks. Modern society is not ready to accept people without legal capacity.

Must open special schools, in which people can receive at least some knowledge and care, and subsequently be able to benefit society.

To summarize, we can say that at least once in our lives, each of us has had to deal with the concept of disability, be it on television news, a weekly newspaper or an Internet site. This problem develops progressively in the fast pace of modern life.

Incapacity has no limitations in or social status. It can touch anyone and everyone.

The most important thing is to be prepared for anything and have sufficient knowledge on this topic. And with the help of the proposed article this is easy to do. As they say, informed is forearmed.

You can watch the video about the boarding school for disabled children:

Submit your question in the form below

More on this topic:

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

Commentary on Article 285 of the Civil Procedure Code of the Russian Federation

1. Part 1 art. 285 Code of Civil Procedure regulates legal consequences court decisions that limit the legal capacity of citizens. The court decision itself specified category affairs must answer general requirements Art. 198 Code of Civil Procedure: must be drawn up in writing and consist of four parts. According to paragraph 3 of Art. 34 of the Civil Code, within three days from the moment the court decision enters into legal force, the court is obliged to send a copy of such a decision to the guardianship and trusteeship authority at the place of residence of the citizen whose legal capacity was limited by the court decision. A copy of the decision with a note indicating that it has entered into legal force is the basis for appointing a trustee to the citizen. Decree of the Government of the Russian Federation dated November 17, 2012 N 927 “On individual issues implementation of guardianship and trusteeship in relation to adults who are incapacitated or partially capable citizens" the Rules were approved: selection and registration, as well as training of citizens wishing to become trustees; separate powers guardianship and trusteeship authorities in relation to persons with limited legal capacity and incapacity adult citizens; concluding agreements with trustees (also with guardians); management of personal affairs of incapacitated and partially capable persons who have reached the age of majority.

An adult citizen with limited legal capacity independently protects his property interests. It should be taken into account that the guardian appointed to such a citizen can initiate consideration of an application to recognize a transaction made by his ward without his consent as invalid (Article 22 of the Federal Law “On Guardianship and Trusteeship”).

2. Part 2 art. 285 of the Code of Civil Procedure regulates the legal consequences of a court decision, but only one made on an application to declare a citizen incompetent. Such a decision must also comply with the requirements of Art. 198 Code of Civil Procedure, and also a copy of it must be sent in accordance with paragraph 3 of Art. 34 of the Civil Code for establishing guardianship over a citizen.

It is necessary to pay attention to the fact that in the sphere of implementation of the law regulating access to information about the activities of courts in Russian Federation, decisions to limit a citizen’s legal capacity and to recognize him as incompetent are not subject to posting on the Internet (clause 4, part 5, article 15 of the Federal Law of December 22, 2008 N 262-FZ “On ensuring access to information about the activities of courts in the Russian Federation” (as amended on July 18, 2011)).

Another comment on Article 285 of the Code of Civil Procedure of the Russian Federation

2. The resolution of any other issues related to the limitation of legal capacity (for example, the issue of establishing guardianship) is not within the competence of the court.

3. Having established that a citizen abuses alcoholic beverages or drugs and as a result of this his family is in a difficult financial situation, the court does not have the right to refuse to satisfy the application only on the grounds that the person against whom the case of limitation of legal capacity has been initiated has undertaken to change his behavior for the better.

4. To appoint a trustee, the court is obliged, within three days from the date the decision enters into legal force, to send a copy of this decision to the guardianship and trusteeship authority at the place of residence of the person recognized as having limited legal capacity (Article 34 of the Civil Code of the Russian Federation).

5. In order to improve quality preventive work courts are recommended, in the process of considering each case, to identify violations of the law that contribute to drunkenness, alcoholism or drug abuse, and take measures to eliminate these violations, in particular, bring them to the attention of the relevant authorities by issuing private rulings and monitor their implementation (Article 226 Code of Civil Procedure of the Russian Federation).

6. See also commentary to Art. Art. 37, 197, 198, 262, 281 Code of Civil Procedure of the Russian Federation.

In accordance with Art. 21 of the Civil Code, the ability of a citizen to acquire and implement by his actions civil rights, create for yourself civic duties and fulfill them ( civil capacity) occurs in in full with the onset of adulthood, i.e. upon reaching the age of eighteen.

The legal capacity of a citizen may be limited by a court decision if he abuses alcoholic beverages or narcotic substances and as a result puts his family in difficult financial situation. A citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may also be declared incompetent by the court (Articles 29, 30 of the Civil Code).

Recognition of a citizen as having limited legal capacity or incapacity is possible only within the framework of special proceedings.

A case for declaring a citizen incompetent due to a mental disorder can be initiated in court on the basis of an application from members of his family, close relatives (parents, children, brothers, sisters), regardless of the joint residence with him, the guardianship and trusteeship authority, medical organization providing psychiatric care, or inpatient facility social services for people suffering from mental disorders.

Judge in preparation for trial cases on declaring a citizen incompetent if there is sufficient data on the citizen’s mental disorder, appoints to determine it mental state forensic psychiatric examination.

If a citizen, against whom a case has been initiated, clearly evades the examination, the court, in a court hearing with the participation of a prosecutor and a psychiatrist, may make a ruling on forced direction citizen for a forensic psychiatric examination (Article 283 of the Code of Civil Procedure).

A case of restriction or deprivation of a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, scholarship or other income may be initiated on the basis of an application from parents, adoptive parents or a trustee or a guardianship and trusteeship authority.

An application to limit a citizen’s legal capacity, to recognize a citizen as incompetent, to limit or deprive a minor aged fourteen to eighteen years of the right to independently manage their income is filed with the court at the place of residence of this citizen, and if a citizen is placed in a medical organization providing psychiatric care in inpatient conditions, or an inpatient social service institution for persons suffering from mental disorders, at the location of this organization or this institution.

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

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

3. An application for restriction or deprivation of a minor aged fourteen to eighteen years of the right to independently dispose of his earnings, scholarship or other income must set out the circumstances indicating that the minor has clearly unreasonable disposal of his earnings, scholarship or other income.

Consideration of the application:

1. The court considers the application with the participation of the citizen himself, the applicant, the prosecutor, and a representative of the guardianship and trusteeship authority. A citizen in respect of whom a case is being considered to declare him incompetent must be summoned to a court session, if his presence in the court session does not create a danger to his life or health or to the life or health of others, in order for the court to provide him with the opportunity to express his position in person or through their chosen representatives.

If the personal participation of a citizen in a court hearing held on the premises of a court in the case of declaring a citizen incompetent creates a danger to his life or health or to the life or health of others, this case is considered by the court at the location of the citizen, including in a medical organization, providing psychiatric care in an inpatient setting, or an inpatient social service institution for persons suffering from mental disorders, with the participation of the citizen himself.

2. The applicant is exempt from paying costs associated with the consideration of the application. The court, having established that the person who filed the application acted in bad faith for the purpose of knowingly unreasonable restriction or deprivation of the citizen’s legal capacity, recovers from such person all costs associated with the consideration of the case.

3. A citizen declared incompetent has the right, personally or through representatives chosen by him, to appeal the relevant court decision to appeal procedure, submit an application for its review in accordance with the rules of Chapter 42 of this Code, and also appeal the corresponding court decision in the cassation and supervisory procedure, if the court of first instance did not provide this citizen with the opportunity to express his position personally or through representatives chosen by him.

The court's decision on an application to limit the legal capacity of a citizen, to recognize a citizen as incompetent.

1. A court decision by which a citizen is limited in legal capacity is the basis for the appointment of a guardian for him by the guardianship and trusteeship body.

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

Cancel restriction citizen in legal capacity and recognition of a citizen as capable

1. If the grounds due to which a citizen was limited in legal capacity have disappeared, the court, on the basis of an application from the citizen himself, his representative, a member of his family, a trustee, a guardianship and trusteeship body, a medical organization providing psychiatric care, or an inpatient social service institution for persons suffering from mental disorders, makes a decision to lift the restriction of a citizen’s legal capacity. Based on a court decision, the guardianship established over him is cancelled.

2. If the grounds on which the citizen was declared incompetent have disappeared, the court, at the request of the citizen declared incompetent, or representatives chosen by him, a guardian, a family member, a medical organization providing mental health care, or an inpatient social service institution for persons suffering from mental disorders, the guardianship and trusteeship authority, on the basis of the corresponding conclusion of a forensic psychiatric examination, makes a decision to recognize the citizen as legally competent. Based on a court decision, the guardianship established over him is canceled.

3. An application to recognize a citizen as legally competent is considered by the court in the manner established for considering applications to recognize a citizen as having limited legal capacity, incompetent...

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