What if a close relative abuses alcohol and spends all his money on it? The law provides for a procedure for limiting legal capacity. Where do you need to apply and what documents are required in order to limit a family member in the disposal of his earnings?
IN WHAT CASES CAN A CITIZEN BE LIMITED IN LEGAL CAPACITY?
In accordance with Article 27 of the Civil Code of the Republic of Kazakhstan (General Part), a citizen who, due to the abuse of alcohol or drugs, puts his family in a difficult financial situation, may be limited in capacity.
WHO IS LIMITED IN CAPACITY?
Only a court can limit the legal capacity of a citizen.
WHAT DOES DISABILITY MEAN?
Restriction of legal capacity means that a citizen, on the basis of a court decision, is deprived of the right to make transactions, receive earnings, pensions and other incomes. He can dispose of them only with the consent of the trustee appointed to him. A citizen limited in legal capacity has the right to independently make only small everyday transactions, which include the purchase of food, travel in transport, etc.
Restriction of legal capacity is carried out in order to protect the interests of a citizen and members of his family by establishing guardianship over him.
WHO CAN APPLY FOR DISABILITY?
According to paragraph 1 of Article 302 of the Civil Procedure Code of the Republic of Kazakhstan, the right to apply for recognition of a citizen as having limited legal capacity belongs to family members of a citizen who abuses alcohol or narcotic, psychotropic substances, the prosecutor, the guardianship and guardianship authority.
WHAT SHOULD BE INDICATED IN THE APPLICATION FOR RECOGNITION OF LIMITED LEGAL INCAPACITY
In accordance with Articles 150, 303 of the Code of Civil Procedure, an application for recognizing a citizen with limited legal capacity must indicate:
the name of the court to which the application is submitted;
surname, name, patronymic, applicant, his place of residence, information about registration at the place of residence, TIN;
surname, name, patronymic, date of birth of the defendant, place of residence and family relations of the citizen in respect of which the restriction of legal capacity is required;
circumstances indicating that a person who abuses alcohol or narcotic drugs, psychotropic substances or their analogues, puts his family in a difficult financial situation with the attachment of documents confirming being registered, certificates of earnings, the presence of dependents, housing costs, treatment, study and other documents confirming the financial situation of the family;
list of documents attached to the application.
CONSIDERATION BY THE COURT OF THE CASE ON LIMITATION OF LEGAL CAPACITY AND THE ISSUANCE OF A DECISION
In accordance with the procedure established by Article 306 of the Code of Civil Procedure, the court considers a case on recognizing a citizen with limited legal capacity with the participation of the citizen himself, if this is possible due to his state of health, the prosecutor and a representative of the guardianship and guardianship authority.
Having recognized the applicant's arguments as justified, the court makes a decision on recognizing the citizen as having limited legal capacity.
The court makes a decision to refuse to satisfy the application if it establishes the fact that there are no grounds for recognizing a citizen with limited legal capacity.
The decision rendered may be appealed by the persons participating in the case on appeal and cassation.
A court decision that has entered into force, by which a citizen is recognized as having limited active legal capacity, is the basis for appointing a trustee with limited active legal capacity by the guardianship and guardianship authority.
The body of guardianship and guardianship is obliged to inform the court within ten days of the appointment of a guardian or guardian, respectively, for a citizen with limited or incompetent capacity.
WHEN IS DISABILITY LIFTED?
In accordance with paragraph 2 of Article 27 of the Civil Code, the restriction of legal capacity is canceled by a court decision if the citizen has ceased to abuse alcohol or narcotic substances, psychotropic substances or their analogues.
A citizen himself, members of his family, a guardian, a body of guardianship and guardianship can apply for the abolition of the restriction of legal capacity.
On the basis of a court decision, the guardianship established over a citizen is cancelled.