KS recognised as unconstitutional full restriction of the rights incapacitated
Irina Delova from St.-Petersburg since the childhood suffers the heavy form of a cerebral paralysis and many years lives in a psychoneurological boarding school. To go and speak to it it is heavy, it therefore moves in an invalid carriage, and speaks more signs - however, mother, neighbours in a boarding school, it understand the medical personnel. However in January, 2008 the boarding school has addressed in court and has achieved its recognition of the incapacitated. Were and still processes so as a result of examinations it was found out that at it not heavy, but the easy form of intellectual backwardness and, in general, she understands sense of a monetary outlay on small household needs. Nevertheless its trustee there was a boarding school administration - so there was a complaint in the Constitutional court.
KS checked on conformity to the Organic law points 1 and 2 articles 29, point 2 of article 31 and article 32 of the Civil code of the Russian Federation and yesterday has announced the decision.
As the judge - the lecturer on business Gennady Zhilin, " has explained; the problem consists that there are some degrees of infringement of mental functions and even in these degrees there is a gradation, but our legislation either recognises as capable, or recognises as incapacitated “. People in such borderline, as the declarant in KS appear a victim of this unambiguity.
- the Only thing, what she asks, - the pension, - Zhilin, - but after its recognition incapacitated any trifle which to it should be bought reflected, the worker of a boarding school, and what buys this such when another`s money is at other person? Same very serious reporting, for each copeck the worker of a boarding school should report. Here she has wanted something to buy to tea, she directly writes “ tasty it would be desirable something “ but it cannot be made, because it is necessary to address for any trifle.
Having estimated a situation, judges KS have come to a conclusion in the decision that at such category of citizens position is worse, “ even in comparison with juvenile at the age from six till fourteen years which are allocated by the right independently to make small household and other transactions “. Judge Zhilin also has reminded that is in the legislation and special restrictions for the persons, suffering alcoholic and a drug dependence. But even at them the rights was more than at Business till yesterday.
Thus, KS recognised challenged positions corresponding to the Constitution when it is a question of the persons recognised incapacitated. However as, the decision, " says; In operating system grazhdansko - legal regulation differentiation possibility grazhdansko - legal consequences of presence at the citizen of infringement of mental functions " is not provided; the same norms are recognised by not corresponding to the Constitution and the federal legislator needs to correct till January, 1st, 2013. Requirements of the declarant will be settled on new norms.
- the historical decision Today is accepted, - the lawyer of the declarant Dmitry Bartenev has declared to journalists, - KS has confirmed that all citizens of the Russian Federation, including with mental frustration, possess an inalienable law to respect of advantage of the person. Actually today KS has told that the guardianship system over the recognised incapacitated does not correspond to the Constitution and demands from the state of radical changes which should establish the differentiated approach.
He also considers that accurate requirements to the legislator will provide possibility to the Russian citizens “ To keep the right to participation in society life as to independent persons “.