Issues of legal capacity limitations

In accordance with Art. 21 of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code), no one can be restricted in legal capacity and legal competence, except in cases and in the manner established by law. One such case is when a citizen, due to abuse of alcoholic beverages, places his family in a difficult financial situation, he can be restricted in legal competence by the court (Art. 30 of the Civil Code).

A citizen can be restricted in legal competence if two conditions are met: if he abuses alcohol and places his family in a difficult financial situation. A difficult financial situation can be caused both by the person's evasion of his financial obligations to the family (payment for utilities, children's clothing, etc.) and by the family's expenses for maintaining a person who abuses alcoholic beverages (food, medical treatment, etc.).

In accordance with Part 1 of Art. 373 of the Civil Procedure Code of the Republic of Belarus, an application for recognizing a citizen as having limited legal competence due to abuse of alcoholic beverages may be filed with the court by members of his family, the prosecutor, the guardianship and trusteeship authority, as well as a public association whose charter grants such a right.

The fact of alcohol abuse must be confirmed by appropriate evidence. For example, a certificate of placement in a sobering-up station, documents from law enforcement agencies regarding violations of public order, creation of conflict situations in the family, examination reports to establish alcohol dependence, etc.

After a family member is recognized as having limited legal competence, guardianship is established over him (Art. 33 of the Civil Code). As a rule, adult family members are appointed as guardians. Subsequently, a person with limited legal competence has the right to independently conclude only minor household transactions (for example, buying groceries in a store). He will be able to sell, donate, exchange property, as well as receive wages, pensions, and other income only with the consent of the guardian. At the same time, the restriction of legal competence does not exempt

citizen from the obligation to independently bear property liability for concluded transactions and for the harm caused by them.

Upon petition of parents, adoptive parents, guardian or the guardianship and trusteeship authority and in the presence of sufficient grounds, the court may restrict or deprive a minor aged fourteen to eighteen years of the right to independently dispose of their earnings, scholarships or other income, except in cases where such minor has acquired full legal capacity due to marriage before reaching 18 years of age or has been emancipated (Part 4 of Article 25 of the Civil Code).

Restriction of a citizen's legal capacity is not their lifelong legal status. If the grounds on which the citizen was restricted in legal capacity have ceased to exist, the court, upon application of authorized persons, shall revoke the restriction of legal capacity. Restriction of legal capacity is also revoked if the family of an alcoholic person has broken up.

 

Prosecutor of the Department for Supervision

over the Legality of Judicial

Decisions in Civil Cases

of the Regional Prosecutor's Office

Irina Tavtyn