The concept of the natural persons and the general revision of the citizens' legal personality.

 

The concept of the natural persons includes three kinds of persons:  citizens, persons without  citizenships and foreigners. 

Necessary sign of participants of civil legal relationship is their legal personality which includes such two qualities as legal capacity and active capacity.

 The capability to possess the civil rights and to perform duties (the civil legal capacity) shall be recognized as equally due to all the citizens. The citizen's legal capacity shall arise at the moment of his birth and shall cease with his death.

The citizens may possess the property by the right of ownership; may inherit and bequeath the property; may engage in business and in any other activities, not prohibited by the law; may set up legal entities - on their own or jointly with other citizens and legal entities; may effect any deals, which are not in contradiction with the law, and take part in obligations; may select the place of residence; may enjoy the rights of the authors of the works of science, literature and art, of inventions and of other law-protected results of the intellectual activity; and may also enjoy other property and personal non-property rights.

No one citizen shall be restricted in his legal capacity, with the exception of the cases and in conformity with the procedure, stipulated by the law.

The full or the partial renouncement by the citizen of his legal capacity, and the other deals, aimed at the restriction of his active capacity, shall be invalidate, with the exception of the cases, when such deals are admitted by the law.

 The active capacity is the capability of the citizen to acquire and exercise by his actions the civil rights, to create for himself the civil duties and to discharge them (the civil active capacity) shall arise in full volume with the citizen's coming of age, i.e., upon his reaching the age of 18 years.

The active capacity includes deals capacity and delictual dispositive capacity.

It is possible to allocate the full, partial, limited capacity and absence that – incapacity (legal incapability).

The full active capacity shall arise with the citizen's coming of age, i.e., upon his reaching the age of 18 years. In case the law admits the right to enter into a marriage before reaching the age of 18 years, the citizen, who has not reached the law-stipulated age of 18, shall acquire the active capacity in full volume from the moment of his entering into a marriage. The minor, who has reached the age of 16 years, may be declared to have the full active capacity, if he works by a labor agreement, including by a contract, or if he engages in business activities upon the consent of the parents, the adopters or the trustee. The minor shall be declared as having acquired the full active capacity (emancipation) by the decision of the guardianship and trusteeship body - upon the consent of the parents, the adopters or the trustee, or, in the absence of such consent - by the court decision.

The partial active capacity is the active capacity of the minors. Only the parents, the adopters or the guardians shall effect deals on behalf of the minors, who have not reached the age of 14 years (the young minors), with the exception of the petty everyday deals. The property responsibility by the young minor's deals, including by the deals he has effected independently, shall be borne by his parents, adopters or guardians, unless they prove that the obligation has been violated not through their fault.

The minors of from 14 to 18 years of age shall have the right to effect deals, upon the written consent of their legal representatives - the parents, the adopters or the trustee. The deal, effected by such a minor, shall be also valid, if it is subsequently approved in written form by his parents, adopters or trustee. The minors of from 14 to 18 years of age shall have the right independently, without the consent of the parents, the adopters or the trustee to dispose of their earnings, student's grant or other incomes.

For the harm caused by the actions, they have independent responsibility, and only in case of insufficiency of their own funds. Their parents, and also persons, their replacing are involved in accessorial liability.

The active capacity of the citizen, who as a result of his abuse of alcohol or drug addiction has plunged his family into a precarious financial position, may be restricted by the court in conformity with the procedure, laid down by the procedural legislation. He shall be put under the guardianship. Such a citizen shall have the right to independently effect petty everyday deals.

He shall have the right to effect other kinds of the deals and to receive the earnings, the pension and other incomes, and to dispose thereof only upon the consent of his trustee. Nevertheless, such a citizen shall independently bear property responsibility by the deals he has effected and for the damage he has caused.

 If the grounds, by force of which the citizen was restricted in his active capacity, have ceased to exist, the court shall cancel the restriction of his active capacity. On the ground of the court ruling, the guardianship, formerly established over him, shall be recalled.

The citizen who, as a result of a mental derangement, can neither realize the meaning of his actions nor control them, may be recognized by the court as legally incapable in conformity with the procedure, laid down by the procedural legislation. In this case, he shall be put under the guardianship.

The deals on behalf of the citizen, who has been recognized as legally incapable, shall be effected by his guardian.

 If the grounds, by force of which the citizen was recognized as legally incapable, have ceased to exist, the court shall recognize him as legally capable. On the grounds of the court's ruling, the guardianship, formerly established over him, shall be recalled.