Having celebrated our 18th birthday, we rightfully call ourselves adults, realizing that most of what was legally prohibited yesterday is now available, and without any special restrictions. The law, with the onset of "adult" age, allows the citizens of the country to enjoy many life privileges. But at the same time, it imposes certain duties on them.
I want. I can. Required
According to the Civil Code of the Russian Federation, the ability of a person to carry out all legal actions is defined as "capacity of citizens." It can be complete, limited or partial. In some cases, if a person is not able to independently assess and exercise his civil rights and obligations, he may be recognized as incompetent. It can be determined as such only by a court decision. As a rule, incapacity is established due to mental illness. But the inadequacy of behavior due to addiction to alcohol and drugs or gambling can also cause a person to be recognized as incapacitated if he is due tohis addiction poses a threat to family and friends or society as a whole.
In many ways, the distribution of the types of legal capacity of citizens, full or limited, depends on age. If we take as a basis that full comes when a person reaches the age of 18, then before this period, in most cases, it is considered limited or partial. Naturally, there are exceptions to any rule. And at 16 you can be recognized as an absolutely capable citizen. But for this it is necessary to meet a number of conditions. In any case, when realizing your “I want” and “I can”, it is necessary to clearly understand how they are consistent with the letter of the law and whether certain restrictions on the citizen’s legal capacity due to his age do not apply to some of them. Otherwise, he will have to bear legal responsibility for unseemly actions, which is often related to the Criminal Code.
Grow to the right
The first six years from the date of birth, the child is incapacitated. Before the law, he has neither legal rights that he can exercise, nor responsibility for any of his actions, even those that led to the tragedy. It should be noted right away that we are not talking about constitutional rights. Only about those that each of us is endowed with by the Civil Code of the Russian Federation. Article 28 of the document provides clear explanations of the age at which a child has the right to carry out certain actions related to the concept of "capacity". The first, concerning some transactions of a material nature, come from the age of six. For the most part, these are minor independentshopping for stationery or groceries.
Partial civil capacity of citizens from six years of age and older, until they reach the age of 14, allows you to enjoy some other legal rights, except for small purchases, which is also spelled out in Article 28 of the Civil Code. For example, money donated by relatives or acquaintances for a birthday or for no particular reason, a minor has the right to dispose of at his own discretion. To take them away from him and spend as he chooses, even in the case of acquiring the necessary thing for the child himself, means to cross the law. Parents often commit such acts without implying that they limit the civil rights of their son or daughter. If a minor complains about his father and mother to the police, the legal authorities will be required to respond. Since the legal capacity and legal capacity of citizens, even if partial, are protected by law.
Empowerment
It is quite difficult to imagine how a six-year-old child freely buys a tablet or phone in a store, although it is possible by law. There are no strict restrictions on the amount that a minor can dispose of in exercising his civil capacity. But to see how a 13-year-old performs the same actions is quite possible. They have the same rights, but often the opportunities are different. The line between the following age groups, endowed with the same civic advantages, is not so striking. We are talking about minors 14-17 years old, up to their 18th birthday. Everything that they are allowed to do during this period of their lives is spelled out in article 26 of the Civil Code. In addition to transactions with property, for example, donating or selling an apartment inherited by a minor. These issues are regulated by Article 59 of the Civil Code. The ability to make them is permissible only with the written consent of parents, guardians or other legal representatives.
The capacity of citizens, even if they are minors, upon reaching the age of 14, gives them the right to carry out a number of more serious transactions than they were allowed before this age. For example:
- receive in a legal way material income: scholarship, earnings, benefits from the state, pension, alimony, and personally dispose of them;
- make deposits in banking or credit institutions;
- become a member of the cooperative upon reaching the age of 16.
The rights and obligations of minors, which lie behind the concept of "capacity of a citizen of the Russian Federation", allow them to exercise independence in some actions, but in a limited version. In part, teenagers still depend on their parents or legal representatives.
They don't know what they're doing
Let's give an example of partial legal capacity and degree of responsibility of minors. From the age of 14, they can freely dispose of their own funds without the control of elders. However, when they make purchases or transactions that their legal representatives deemnon-targeted, dangerous, harmful, as well as not corresponding to the norms of law or morality, adolescents may be deprived of even the partial legal capacity of citizens acquired by them. For example, in the case of addiction to gambling, alcohol or drugs, which will take all their income, parents or guardians have the right to demand through the court to deprive minors of some of their civil rights. If the relevant episodes of children's behavior are proved, the court takes the side of the applicants, and all funds belonging to teenagers pass under the control of parents or guardians.
A similar outcome awaits minors with inappropriate, even legal spending. For example, for clothes, food or entertainment that will not correspond to their income level. Often, having received certain sums, for example, a pension or alimony, a child spends them in the coming days on expensive food or branded clothes, and remains without a livelihood until the next receipt of money. In this case, the care falls on the legal representatives, who are not always financially able to provide them with everything they need, and highly counted on the material support of the family budget from the same pension or alimony. In this case, they can use the right of judicial restriction of the legal capacity of a citizen, which is their child, as they bear full responsibility for him. They also provide basic necessities. If the court considers their arguments reasonable, teenagers can be either partially or completelyare deprived of their civil capacity to manage their own funds for a fixed period or indefinitely until they reach the age of 18.
Deserved
As already mentioned, teenagers have the right to dispose of their own earnings or money received in another legal way. This privilege also passes to those who, due to their characteristics, provided part of the family income before. It's about copyright. The law supports talented children endowed with exceptional abilities in literature, science, fine arts, music, inventions, etc. In this case, teenagers can use some of the privileges that are given only with the full capacity of a citizen. In particular, they are given the right to independently decide the fate of their works. Minors themselves can conclude contracts for the publication of their creations, apply for a patent in their name and dispose of the income from their use. They are en titled to use this privilege when they reach the age of 14.
Exclusive rights in this particular case apply only to what is associated with their intellectual property. All other actions inherent in those who have reached the age of 18 do not apply to talented children. In addition, the legal capacity of minors, obtained by them due to their special creative abilities, may also be limited. That is, they may be deprived of some privileges in terms of managing their own funds or the right toenter into contracts for the use of works if parents or guardians consider that other contractual terms or another publisher would be more appropriate. And also in case of improper spending of own funds. The law gives children some rights, but it can also take them away.
Early Development
Children and adolescents, due to their personal characteristics, do not develop in the same way. Some at 11 are already able to take care of themselves, others are deprived of this even at 20. Those who are endowed with entrepreneurial or outstanding organizational skills can achieve full legal capacity of a citizen through a process two years before their 18th birthday. Article 27 of the Civil Code provides for the recognition of adolescents as emancipated by the decision of the guardianship and guardianship authorities or the court, if the minors prove that they are worthy of this right. Reasons for successful completion of the procedure can be:
- contract work;
- business activities.
If, for some reason, the guardianship authorities do not give their approval to recognize teenagers as emancipated, for example, due to objections from the legal representatives of minors who believe that their rights are being infringed upon in a biased way, a boy or girl can go to court. Along the way, they have the right to appeal against the decision of the guardianship authorities, referring to the fact that their verdict is based not on the personal achievements of a person, but on his age as a citizen. The amount of legal capacity that they, in their opinion, deserve, in the event of going to court, mustbe comprehensively weighed by the employees of this instance. Pluses for an affirmative decision can be the amount of earnings, the direction of spending own funds, the duration of labor obligations, the sustainability of entrepreneurial activity. However, here it should be remembered that emancipation will not only give the full rights of a capable citizen to a 16-year-old teenager, but will also oblige him to personal punishment if he violates the law.
Become an adult in spite of
If the recognition of minors as emancipated is a relatively new legal right to achieve full civil capacity, then an officially concluded marriage has been used in our country for this purpose for a long time. According to article 21 of the Civil Code, there are several ways to obtain permission to register. Among them: the joint actual residence of young people as spouses with the permission of their legal representatives, pregnancy, as well as sincere feelings of lovers. The latter circumstance is also worthy of becoming a reason for allowing teenagers from 16 years of age and older to marry. Full legal capacity of a citizen arises immediately upon completion of registration.
The stamp in the passport automatically assigns to minors all the rights of an adult. They remain with them even in the event of a divorce until they reach the age of 18. But the recognition of their marriage as invalid in the event of certain reasons deprives the recent spouses of the full legal capacity and legal capacity of citizens acquired through the registry office. However, when applying to the court, this status is theirsmay be saved. If, however, legal capacity is limited due to the recognition of marriage as invalid, adolescents will be given only those rights that correspond to their age. In this case, again, all responsibility for their actions will fall on the parents, adoptive parents or other legal representatives.
We say "right", we mean "responsibility"
For whatever reason, a minor citizen acquires civil capacity in full, responsibility before the law for him is also fixed to the same extent. One is inseparable from the other. The latest reform of the Civil Code, carried out in 2008, somewhat expanded the scope of legal capacity for minors. Previously, children and adolescents were considered minors until they reached the age of 15, and from 15 to 18 they were considered to be minors. The new edition of the Civil Code endowed the latter with this status with the onset of 14 years. And, of course, a certain amount of responsibility. So, if they violate the rules for holding deposits in credit institutions, minor citizens are liable to banks with all their property. And only in case of its deficiency, the remaining part of the coverage of the damage of the institution falls on the legal representatives. This method of responsibility is called subsidiary.
Article 28 of the Criminal Code lists the obligations of parents, adoptive parents or guardians before the law for their children or wards who are not endowed with full legal capacity of a citizen. Adults are responsible not only for their behavior or actions, but also for their own mistakes in education.minors and minors, as well as for improper supervision of them. Article 28 at the same time gives educational institutions some responsibility. So, for the theft of products from the store at an inopportune time, all the blame for the actions of teenagers falls on the parents. And an unintentionally damaged computer at a computer science lesson is sent to an educational institution. In accordance with the appointment of the person responsible for the committed misconduct, he is also responsible for covering losses.
Limit passed
The concept of full capacity of citizens comes for most of us after the age of 18. All rights and obligations provided for by law, which until this period were partially assigned to parents, adoptive parents or guardians, automatically transfer to an adult. All aspects of a person's life are in his full will of a legally responsible person: all financial transactions, signing contracts, issuing powers of attorney, lifting restrictions on property rights, as well as organizing business activities. The right to exercise the latter before reaching the age of 18 could only be obtained with the recognition of a minor as emancipated. Full legal capacity due to age gives this prerogative to almost everyone. With the exception of cases when the court establishes the inability of a person to realize the adequacy of his actions and give an account for them.
Recognition of a citizen's legal capacity for the right to carry out entrepreneurial activities occupies a special place in the Civil Code inthe power of pairing it with a certain degree of risk. The basic norms that determine the possibilities in this area for the implementation of their age-related privileges are laid down in Article 23 of the Civil Code. You can find many different nuances about entrepreneurship in it. In what cases is a citizen carrying out this activity equated to a legal entity; under what circumstances he can retain his status as an ordinary citizen, etc. It is important to be clearly aware of this when deciding on entrepreneurship. Since in the case of criminal or other liability, the measure of punishment in relation to him will largely depend on whether the offender is a legal or natural person at the time of the crime.
No Choice
The full legal capacity of a citizen, obtained by him by virtue of coming of age, does not give the right to automatically preserve it until the end of his life. In some cases, a person may lose it either partially or completely. The reasons and procedure for establishing incapacity are regulated by Article 22 of the Civil Code. In most cases, the procedure is resorted to due to the inability of an adult to fully exercise their civil rights. Due to a mental illness or physical defect, which became the basis for the appointment of disability. Of course, not everyone can be deprived of civil capacity. Loss of arms or legs is not a reason. But Down's disease is quite.
A medical examination will give a conclusion on how inadequate a person is in his actions, and what measure should be taken against him. ATIn this case, the further right of legal capacity of a citizen: full or partial will be determined by the court in the order of special proceedings, which is provided for by Chapter 31 of the Code of Civil Procedure of the Russian Federation. The right to appoint a psychiatric examination is provided for in paragraph 1 of Article 29 of the Civil Code. Prior to March 2015, if a person had a serious disability, there was little chance of retaining even a small share of civil rights. Amendments to the Civil Code gave him the opportunity to be recognized only as limited in capacity. Based on the decision of the court, he can continue to exercise some of the rights of a full-fledged person. The application for the appointment of an examination and judicial procedure is within the competence of close relatives, as well as guardianship and guardianship authorities. The mentally ill person himself is deprived of this right.
Legislative Violence
In addition to the above diseases, the restriction of the legal capacity of citizens, the recognition of a citizen as incompetent can be carried out due to his abuse of alcohol or drugs. In itself, addiction is not a reason to immediately go to court. But if there is a real threat to the lives of family members, neighbors, colleagues or the surrounding society from his violent behavior under the influence of intoxicants, a person may well be deprived of legal capacity or partially limited. In accordance with article 30 of the Civil Code, if this happens, guardianship will be established over him. It can be removed at a certain time after the elimination of the causes of the restriction. The court has the power to set a time frame for exemption from addiction, andalso has the right to recognize permanent incapacity.
An independently ill person rarely goes to court to deprive himself of civil rights. Even the good intentions of relatives or guardianship authorities may be perceived as an act of hostility towards him. Therefore, the law provides for security purposes to resort to the procedure for recognizing a citizen as incompetent without the consent of a drug addict or alcoholic. He can be restored to his capacity in time. In the meantime, he is under guardianship, he has the right to make small purchases, small household transactions in the form of paying utility bills, and the like. This is in the case of maintaining his partial legal capacity. Complete deprivation prohibits even minor operations, they are possible only with the written consent of the trustee.
A difficult fate
An application to the court for recognition of incapacity is regulated by Article 281 of the Civil Law Code of the Russian Federation. It can be submitted by family members or other close relatives, not necessarily living nearby. This right is also vested in employees of guardianship authorities and representatives of psychiatric or neuropsychiatric institutions, if a citizen is registered with them, or it becomes necessary to take him under the control of doctors. The legal capacity of a citizen may be limited on the basis of the application of each of the above persons, if the court accepts their arguments. The case is considered in the nearest instance at the place of residence of the patient. And if he is being treated in a clinic, then on the territory of the municipaleducation, where this medical institution is registered or located.
The application should indicate the degree of kinship with a mentally ill person or the presence of appropriate powers of persons outside him, but having the right to such actions. As fully as possible, the court should be notified of the identity of the citizen who must be declared legally incompetent: all known passport data, some biographical information, an established diagnosis or recently identified medical prerequisites for the implementation of the procedure for depriving him of civil rights, the results of a psychiatric examination. Indicate facts known to the applicant about the person's inability to be aware of their actions, or control behavior and emotions.
During the court session, the applicant, the prosecutor, representatives of the guardianship service must be present in the hall. The citizen himself, whose fate will be decided, should also be there. And in case of an acute mental disorder or a prescription from doctors not to leave the medical institution, an offsite court session is held.
