Limitation of legal capacity in the interests of the family and society
According to paragraph 1 of Article 30 of the Civil Code of the Republic of Belarus, citizens who place their families in a difficult financial situation due to abuse of alcoholic beverages or narcotic substances can be restricted in legal capacity.
This measure is aimed at protecting the rights of family members violated by alcoholics and drug addicts, as well as the citizens themselves, in respect of whom the issue of restricting legal capacity is being decided. In this case, the presence of a diagnosis of "chronic alcoholism" in this citizen is not mandatory. The basis for restricting legal capacity is the abuse of alcoholic beverages or narcotic substances, which places the family in a difficult financial situation.
Unfortunately, the law does not provide for restricting the legal capacity of single citizens suffering from alcohol dependence. It is known that to buy alcohol, an alcoholic is willing to give up their last possessions, and often they are left without a roof over their heads. In this regard, establishing guardianship over such persons would be of great importance in protecting their rights and legitimate interests.
A case for recognizing a citizen as having limited legal capacity due to abuse of alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues can be initiated upon the application of his family members, the prosecutor, or the guardianship and trusteeship authority.
Based on paragraph 2 of Article 30 of the Civil Code of the Republic of Belarus, a citizen whose ability to understand the meaning of his actions or to control them is limited due to a mental disorder (illness) can be restricted in legal capacity.
A case for recognizing a citizen as having limited legal capacity or being legally incompetent due to a mental disorder (illness) can be initiated upon the application of his family members, and in their absence, upon the application of close relatives. Such a case can also be initiated upon the application of the prosecutor, the guardianship and trusteeship authority, or a psychiatric institution.
(psychoneurological) organization.A citizen in respect of whom the issue of restricting legal capacity is raised is involved in the case as an interested party. Family members participate in the case as applicants.
In the event of restriction of legal capacity, guardianship is established over the citizen in accordance with Art. 145 of the Code of the Republic of Belarus on Marriage and Family. Close relatives are preferentially appointed as guardians. Guardians assist wards in exercising their rights and fulfilling their duties, and also protect them from abuse by third parties. Guardians of persons with restricted legal capacity give consent for these persons to receive their due payments and to dispose of the received monetary sums and other property in accordance with the Civil Code of the Republic of Belarus.
A citizen whose legal capacity is restricted due to abuse of alcoholic beverages, narcotic drugs, psychotropic substances, their analogues, has the right to independently conclude minor household transactions. Such a citizen can conclude other transactions, as well as receive earnings, pensions and other income and dispose of them with the consent of the guardian.
By virtue of paragraph 2 of Art. 30 of the Civil Code, a citizen whose legal capacity is restricted due to a mental disorder (illness) has the right to independently: 1) conclude minor household transactions; 2) conclude transactions aimed at gratuitously obtaining benefits that do not require notarization or state registration; 3) conclude transactions on the disposal of funds provided by the guardian or with the consent of the latter by a third party for a specific purpose or free disposal; 4) receive earnings, pensions and other income and dispose of them. Such a citizen can conclude other transactions with the consent of the guardian.
If there are sufficient grounds, the court, upon the petition of the guardian or the guardianship and trusteeship authority, may restrict or deprive such a citizen of the right to independently dispose of their earnings, pension, and other income.
If the grounds on which
If the grounds on which the citizen was restricted in legal capacity, in accordance with paragraph 1 of Article 30 of the Civil Code, have ceased to exist, the court shall revoke the restriction of his legal capacity.
If the mental state of a citizen whose legal capacity was restricted due to a mental disorder (illness) has worsened or improved, the court shall accordingly declare this citizen incapacitated in accordance with Article 29 of the Civil Code or revoke the restriction of his legal capacity.
Based on the court decision to revoke the restriction of legal capacity, the guardianship established over the citizen shall be revoked.
Head of the Department for Supervision of Compliance with the Law of Judicial Decisions in Civil Cases
I.N. Titkova