Limitation of legal capacity of citizens

Preventive measure against abuse of alcoholic beverages, narcotic drugs, psychotropic substances, and their analogues

Abuse of alcoholic beverages, narcotic drugs, psychotropic substances, and their analogues is a large-scale social problem. Alcoholism, drunkenness, and drug addiction pose a threat not only to the health of the individual suffering from them but also to their family and society as a whole. They are the cause of many domestic conflicts and criminal offenses against the life and health of citizens.

One of the most important areas of activity for the prosecutor's offices of the Republic of Belarus, the internal affairs bodies of the Republic of Belarus, state healthcare organizations, and other prevention entities is the prevention of alcoholism, drunkenness, and unlawful behavior of citizens, as well as the prevention of domestic violence committed while intoxicated.

One of the preventive measures against the abuse of alcoholic beverages, narcotic drugs, psychotropic substances, and their analogues is the limitation of citizens' legal capacity.

In accordance with the requirements of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code) and the Civil Procedure Code of the Republic of Belarus (hereinafter referred to as the Civil Procedure Code), the court is the body authorized to make decisions on recognizing citizens as having limited legal capacity.

Who can have their legal capacity limited

According to Article 30 of the Civil Code, a citizen who, due to abuse of alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues, places their family in a difficult financial situation may have their legal capacity limited by the court in the manner prescribed by civil procedural legislation.

Thus, the mere abuse is not sufficient to limit a family member's legal capacity; it is necessary for such a person to place their family in a difficult financial situation.

Furthermore, the existence of earnings and other income of other family members cannot, in itself, be grounds for refusing to satisfy the application.

Who can apply to the court with a statement on the limitation of legal capacity

In accordance with Part 1 of Article 373 of the Civil Procedure Code, a case for declaring a citizen partially incapacitated due to abuse of alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues may be initiated by an application from his family members, the prosecutor, the guardianship and trusteeship authority, as well as public associations whose charters or regulations grant such a right.

According to subparagraphs 1 and 26 of Part 1 of Article 1 of the Civil Procedure Code, family members include parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren, other relatives, spouse, incapacitated dependents, and other persons who live together with the citizen whose capacity is subject to restriction, and maintain a common household with him.

Separate residence and the absence of a common household are grounds for denying these members' claims.

The prosecutor or the guardianship and trusteeship authority has the right to apply to the court with a statement on restricting capacity if the interests of minor children or other persons living with such a citizen require it.

What are the consequences of restricting a citizen's capacity

Guardianship is established over a citizen recognized by the court as partially incapacitated due to abuse of alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues.

Such a citizen has the right to enter into minor household transactions. To enter into other transactions, as well as to receive earnings, pensions, and other income and dispose of them, such a citizen may do so with the consent of the guardian.

A citizen whose capacity is restricted due to abuse of alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues is personally liable for the transactions made and for the harm caused by them.

To appoint a guardian, the court is obliged, within three days after the decision enters into legal force, to send a copy of the decision to the guardianship and trusteeship authority at the place of residence of the said person for the establishment of guardianship over him.

It is worth noting that despite the complex procedure for adoption, it can prevent a number of crimes and offenses, change family values, alter behavior and attitude towards alcohol.

It should also be borne in mind that if the grounds on which a citizen was restricted in legal capacity have ceased to exist, the court shall revoke the restriction of legal capacity. This decision shall be the basis for the cancellation of guardianship over the citizen.