?
ПРОБЛЕМНЫЕ ВОПРОСЫ ГРАЖДАНСКО-ПРАВОВОГО ПОЛОЖЕНИЯ ГРАЖДАН, ОГРАНИЧЕННЫХ В ДЕЕСПОСОБНОСТИ ПО ПРИЧИНЕ ПСИХИЧЕСКОГО РАССТРОЙСТВА
The article compares the legal status of a citizen who is limited in their legal capacity due to a mental disorder with the legal status of other categories of citizens who do not have full legal capacity. The article concludes that the legal status of a person who is limited in their legal capacity due to a mental disorder has significant specific features that are not always easily explained. It is suggested that there is a category of citizens with double restrictions on their legal capacity, and in general, that it is possible to revise the classification of types of legal capacity of citizens, defining legal opportunities for each category that are adequate to their mental state, taking into account the purposes of their implementation. The necessity of fixing in paragraph 1 of Article 30 of the Civil Code of the Russian Federation the right of a trustee to spend the money of a citizen with limited legal capacity on family needs is substantiated, since this corresponds to the purpose of limiting legal capacity in this category of cases. The article proves the need to replace the wording of paragraph 4 of Article 26 of the Civil Code of the Russian Federation and paragraph 4 of Article 30 of the Civil Code of the Russian Federation on the restriction or deprivation of the right to independently manage earnings, scholarships, or other income, with the phrase on the restriction or deprivation of the ability to manage these funds. The article proposes to directly establish the rule on the independent responsibility of a person who is limited in their legal capacity due to a mental disorder for causing non-contractual harm, accompanied by the establishment of the guardian's subsidiary liability.