Abstract
The article is devoted to the problematic aspects of recognizing a person as having limited legal capacity. The authors consider the cases, which deal with people who are in clouded consciousness, into stupor, in coma or vegetative state. Depending on the degree of depth of lowering the clarity of consciousness the following stages of switching off consciousness are distinguished: clouded consciousness, stupor, coma and vegetative state. These stages successively replace each other when the condition worsens. The authors conduct a legal analysis of various degrees of disturbance of consciousness, project the results onto the institution of recognizing a person as incompetent and, taking into account international experience, suggest the most relevant ways to improve the Russian legislation. Also it has been determined the significant element of the psycho-physical state of a person, which is the basis for limiting the rights and obligations in accordance with his health.
Highlights
The state of a person's health has many aspects that determine the need for legal regulation of the circumstances that arise during changes in the stability of the state of body
It seems necessary to consider the issue of deprivation of legal capacity of persons who are in a state of disorder or impaired consciousness in the hospital where such a person is located, which should be fixed in paragraph 2 of part 1 of Article 284 of the Civil Procedure Code of the Russian Federation. This statement is determined by the content of the norm of the Civil Procedure Code of the Russian Federation on the consideration of an issue affecting a change in the scope of a person's legal capacity with his personal participation, which is based on the provision on the possibility of empirical interaction of the court with the person in respect of whom the issue of his incapacity is being resolved
It should be determined that some changes in the essence of a person's consciousness, combined with his volitional component of regulating his behavior, cause the possibility of changes in the scope of rights and obligations of such a person, expressed in the deprivation of his legal capacity
Summary
The state of a person's health has many aspects that determine the need for legal regulation of the circumstances that arise during changes in the stability of the state of body. The state of coma, the vegetative state is represented by such a position that determines the change in legal relations for a certain category of legal subjects It is insufficiently developed the mechanism for establishing the legality of a certain type of legal relationship, expressed in the designation of the scope of a person rights, who is in a state where the functions of his body are able to support only minimal aspects of life. It is necessary to mention the practical methods of empirical research that allow us to obtain knowledge based on objective reality
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