The legal term "legal capacity" means the following: society recognizes the existence of every citizen of the rights and obligations that arise at the moment of birth of a person and cease with his death. It is impossible to completely deprive legal capacity. However, in some cases, the state can restrict the freedom of certain groups of the population or specific individuals.
Instructions
Step 1
Pay attention to the difference between the concepts of "legal capacity" and "legal capacity". The first is a permanent and indispensable attribute of individual legal status. A citizen throughout his life has a number of freedoms only on the basis that he is a human being. Legal capacity means the ability of a particular individual to dispose of his own rights and perform duties. A person becomes fully capable only after reaching the age of majority. A citizen who has been deprived of his legal capacity remains fully legally capable.
Step 2
The main components of civil legal capacity include: - the right to own property, to bequeath it to others and to inherit; - the right to carry out any types of entrepreneurial, labor, social activity, except those prohibited by law, and to create a legal entity; - the right to choose at the discretion of the place of residence; - personal rights (the right to life, to a name, etc.); - copyright of the creators of works of culture and art, as well as scientific and technical inventions.
Step 3
Remember: restriction of legal capacity is possible only in cases stipulated by law. In legal practice, there are two types of partial deprivation of civil liberties: voluntary and compulsory. The first does not entail legal changes in the status of a citizen. For example, a person who wants to go to a monastery limits his right to choose a place and living conditions. But his decision has no legal consequences. For society, he remains a fully legal person who has the opportunity to return to his former life at any time.
Step 4
Another example of a voluntary restriction is the refusal of civil servants from the right to conduct business. The Federal Law “On the Fundamentals of Civil Service in the Russian Federation” prohibits officials from earning income from participating in business projects. This requirement was introduced in the interests of the state and all its citizens. However, a person entering the civil service knows in advance about all the restrictions associated with it and agrees to them voluntarily.
Step 5
Compulsory limitation of legal capacity is carried out by decision of the competent authorities, most often - the court. It is the reaction of society to the commission of a specific person or group of persons of criminal and antisocial acts. The Criminal, Administrative and Family Codes of the Russian Federation contain a detailed description of the forms and terms of restriction of civil legal capacity. Among them, for example: - temporary deprivation of a person of the right to choose a place of residence (detention during the investigation, imprisonment with serving a sentence in correctional institutions, etc.); - reduction of opportunities for entrepreneurial activity (prohibition to hold managerial positions, be financially responsible person, work with children, etc.); - limitation of free communication with the child, participation in his upbringing (deprivation of parental rights, removal of guardians from their duties and etc.).
Step 6
Any compulsory limitation of legal capacity can be challenged by a citizen in accordance with the established procedure. The terms of deprivation of certain rights should not go beyond the legal framework. The execution of punishment takes place under the constant supervision of the state.
