ОГРАНИЧЕНИЕ ДЕЕСПОСОБНОСТИ (ВМЕНЯЕМОСТИ) ЛИЦ, СТРАДАЮЩИХ ПСИХИЧЕСКИМИ РАССТРОЙСТВАМИ: ОТСУТСТВИЕ СИСТЕМНОСТИ НОРМ В РОССИЙСКОМ ПРАВЕ
LIMITING THE CAPACITY (SANITY) OF PERSONS SUFFERING FROM MENTAL ILLNESS: LACK OF SYSTEMATIC RULES IN THE RUSSIAN LAW

Summary/Abstract: The paper examines the effect of including a statute regarding special disability of persons suffering from mental illness in the Russian civil legislation. Legal enacting of additional criteria for assessing the ability of the citizen to realize the effect of their actions and to control them has great importance for the development of the civil society in Russia. There is a rejection of the concept of insulating treatment of persons suffering from mental disorders. The society is aware of the negative effects of stigmatization of mentally deranged persons. The significance for social adaptation of afflicted persons and their involvement in social processes is recognized. Any restriction of the legal capacity of persons with mental derangement requires a clear definition of the term “assistance of another person”. There is no unique approach to maintain or reduce the family capacity of citizens that are incapacitated. Mental derangement has a significant impact on human behavior in legal relations, legal qualification of actions. To date, the problems of capacity (sanity) are studied separately in civil, administrative, and criminal laws. This leads to gaps in legal regulations, thereby resulting in the lack of unified criteria for evaluating the status of persons with mental disorders. Identification of mental derangement or temporary loss of knowledgeable behavior cannot be a subject of study of one area of law. Implementation of the principle of perpetuation of the legal capacity of citizens with mental derangement should be associated with the research on the degree of awareness of possible social danger that may be caused by their actions. Preventive assessment of the danger represented by persons with mental disorders to surrounding persons is necessary to determine of the degree of control over their own actions.

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