According to Part 1 of Article 30 of the Civil Code of the Republic of Belarus, a citizen who, as a result of 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.
The issue of recognizing citizens as having limited legal capacity due to abuse of alcoholic beverages, narcotic drugs, psychotropic substances, and their analogues is one of the most important aspects of civil procedural legislation, which is aimed at protecting the rights and interests of both the citizens themselves, in relation to whom the said issue is being considered, and their family members.
Thus, by the decision of the Borisovsky District Court, the application of the Borisovsky District Prosecutor in the interests of citizen B. to limit the legal capacity of her father, citizen G., was satisfied.
During the consideration of the civil case on the said application, it was established that G. lives together with his daughter B. and two granddaughters: Ch., born in 2005, and B., born in 2013.
He abuses alcohol, makes scandals with his daughter, and has been repeatedly brought to administrative responsibility for committing offenses while intoxicated, for which the family of his minor granddaughter B. has been placed in a socially dangerous situation.
G. receives an old-age pension, the main part of which he spends on purchasing alcoholic beverages, and does not participate in the costs of maintaining residential premises, ensuring proper living conditions, or the costs of running a household.
The court concluded that due to G.’s abuse of alcohol, he puts his family in a difficult financial situation.
Based on the above, the above court decision ordered that G.'s legal capacity be limited in terms of making transactions, with the exception of minor everyday transactions; transactions aimed at receiving benefits free of charge that do not require notarization or state registration; transactions for the disposal of funds provided by the trustee or, with the consent of the latter, by a third party for a specific purpose or free disposal, receipt of earnings, pensions and other income.
The material was prepared by the senior assistant to the prosecutor of the Borisov district T. S. Rutko especially for the information and news portal "Belnovosti" (Certificate of state registration of mass media (mass media) No. 2 dated December 21, 2018).
