Rus Articles Journal

Recognition of the citizen is limited capable or incapacitated (the code of civil procedure of RSFSR)

Chapter 29. Recognition of the citizen is limited capable or incapacitated

Article 258. Filing of application

Case of recognition of the citizen is limited by

capable owing to abuse of alcoholic drinks or narcotic substances or incapacitated owing to a sincere illness or weak-mindedness can be begun according to the statement of members of his family, labor unions and other public organizations, the prosecutor, body of guardianship and guardianship, mental health medical institution.

the Statement for recognition of the citizen is limited by capable or incapacitated is filed a lawsuit at the place of residence of this citizen and if the person is placed in mental health medical institution, then in the location of medical institution.

Article 259. Contents of the statement

In the application for recognition of the citizen have to be limited by capable the circumstances demonstrating that the person abusing alcoholic drinks or narcotic substances puts the family in difficult financial position are stated.

by

the circumstances testifying to a mental disorder owing to which the person cannot understand values of the actions have to be stated In the application for recognition of the citizen incapacitated or direct them.

Article 260.

the Judge as preparation of business for judicial proceedings in the presence of sufficient data on a sincere illness or weak-mindedness of the citizen appoints purpose of examination for definition of a mental condition of the citizen by

for definition of its mental state is judicial - psychiatric examination. In exceptional cases, at obvious evasion of the person against which proceedings on recognition its incapacitated are initiated from examination passing, the court in court session with the assistance of the prosecutor and the psychiatrist can take out definition about the compulsory direction of the citizen on is judicial - psychiatric examination.

Article 261. Consideration of the application

Case of recognition of the citizen is limited by

capable the court considers with obligatory participation of the citizen, and also prosecutor and representative of body of guardianship and guardianship.

incapacitated the court considers Case of recognition of the citizen with obligatory participation of the prosecutor and representative of body of guardianship and guardianship. The citizen about whose recognition incapacitated considers case is called in court session if it is possible on a state of his health.

by

the Legal costs connected with consideration of the case about recognition of the citizen it is limited capable or incapacitated, are not collected from the applicant.

Court, having established that the family members who submitted the application acted unfairly on purpose obviously unreasonable restriction or deprivation of capacity of the citizen, collects from them all court costs.

Article 262. The judgment according to the statement

the Judgment by which the citizen is recognized restrictedly capable or incapacitated is the basis for appointment as body of guardianship and guardianship restrictedly capable the trustee, and incapacitated - the trustee.

Article 263. Recognition of the citizen capable

is judicial

In the cases provided by article 15 of the Civil code of RSFSR, court according to the statement of the trustee, and also persons and the government bodies listed in article 258 of the present Code on the basis of the corresponding conclusion - psychiatric examination passes the decision on recognition recovered capable. On the basis of a judgment the guardianship established over the citizen is cancelled.

passes to

In the cases provided by article 16 of the Civil code of RSFSR, court according to the statement of the citizen, his trustee, and also persons and the government bodies listed in article 258 of the present Code the decision on cancellation of restriction of capacity of the citizen. On the basis of a judgment the guardianship established over the citizen is cancelled.