Cases of involuntary hospitalization of a citizen to a medical organozation and cases of restriction of legal capacity, recognition of a citizen as incompetent: some issues of theory and practice

Abstract

In the article the author analyses cases of hospitalization of a citizen to a medical organization in an involuntary manner and cases of limitation of legal capacity, cases on the recognition of a citizen as incompetent that are considered in different types of legal proceedings: administrative and civil. Russian procedural legislation contains some collisions and gaps. For example, KAS RF doesn't regulate in detail the procedure for involuntary hospitalization of citizens suffering from the syndrome of dependence on alcohol, narcotic or toxic substances of persons, persons who are suspected of the presence of viral infections as well, whereas there aren't norms about the visiting sessions of the court, mandatory participation of a professional representative of a person whose legal capacity is disputed and his relatives in GPK RF. In conclusion the author suggests some proposals aimed at improvement of the procedural rules for consideration and resolution of the investigated categories of cases.