LIMITATION OF CAPACITY OF PERSONS SUFFERING WITH ALCOHOL DEPENDENCE

28.08.2023

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Alcoholism in the family is a serious problem not only for the alcoholic, but also for all his loved ones. The difficulties faced by family members of a person suffering from alcohol addiction can be listed ad infinitum: scandals, drunken fights, problems at work, etc. In addition, it often happens that the family finds itself in a difficult financial situation. To protect the interests of family members of an alcoholic, the law provides for the possibility of limiting the legal capacity of such persons.

According to Art. 30 of the Civil Code of the Republic of Belarus, a citizen who, due to the abuse of alcoholic beverages, narcotic drugs or psychotropic substances, puts his family in a difficult financial situation, may be limited in legal capacity by the court in the manner established by civil procedural legislation. Guardianship is established over him. Such a citizen has the right to independently carry out small household transactions.

He can make other transactions, as well as receive earnings, pensions and other income and dispose of them only with the consent of the trustee. However, he independently bears property liability for the transactions he has made and for the damage he has caused.

If the grounds on which the citizen was limited in legal capacity no longer exist, the court cancels the restriction of his legal capacity. Based on a court decision, the guardianship established over the citizen is cancelled.

In accordance with Part 1 of Article 373 of the Civil Procedure Code of the Republic of Belarus, a case to recognize a citizen as having limited legal capacity due to abuse of alcoholic beverages, narcotic drugs, psychotropic substances, or their analogues can be initiated upon the application of members of his family, the prosecutor, the guardianship and trusteeship authority, and also public associations whose charter or regulations provide such a right. An application to recognize a citizen as having limited legal capacity is submitted to the court at the place of residence of the citizen.

According to clause 26 of Article 1 of the Civil Procedure Code of the Republic of Belarus, family members include: children and parents, adoptive parents, adopted children, siblings, grandparents, grandchildren, as well as other relatives, spouse, disabled dependents and others persons who live together with the plaintiff, or the defendant, or a third party and maintain a common household with them.

Thus, limiting the legal capacity of persons who abuse alcohol is one of the ways to combat drunkenness.