Chapter 3. Citizens (individuals).
Article 17. Legal capacity of a citizen.
1. The ability to have civil rights and bear responsibilities (civil legal capacity) is recognized equally for all citizens.
2. The legal capacity of a citizen arises at the time of his birth and ends with death.
Article 18. The content of the legal capacity of citizens.
Citizens may own property under the right of ownership; inherit and bequeath property; engage in entrepreneurial and other activities not prohibited by law; create legal entities independently or jointly with other citizens and legal entities; make any transactions that are not in conflict with the law and participate in obligations; choose a place of residence; have the rights of authors of works of science, literature and art, inventions and other results of intellectual activity protected by law; have other property and personal non-property rights.
Article 19. Name of the citizen.
1. A citizen acquires and exercises rights and obligations under his own name, including the surname and proper name, as well as the patronymic name, unless otherwise provided by law or national custom.
In cases and in the manner prescribed by law, a citizen may use a pseudonym (a fictitious name).
2. A citizen has the right to change his name in the manner prescribed by law. A change of name by a citizen is not a basis for termination or change of his rights and obligations acquired under the same name.
A citizen is obliged to take the necessary measures to notify his debtors and creditors about the change of his name and bears the risk of the consequences caused by the lack of information on the change of his name.
A citizen who has changed his name shall have the right to demand the introduction of appropriate changes at his own expense in documents issued in his former name.
3. The name received by a citizen at birth, as well as the change of name shall be subject to registration in the manner prescribed for registration of acts of civil status.
4. The acquisition of rights and obligations under the name of another person is not allowed.
5. Harm caused to a citizen as a result of the unlawful use of his name shall be subject to compensation in accordance with this Code.
If a citizen’s name is misused or used in ways or forms that affect his honor, dignity or business reputation, the rules provided for in Article 152 of this Code shall apply.
Article 20. Place of residence of a citizen.
1. A place of residence is a place where a citizen permanently or predominantly lives.
2. The place of residence of minors under the age of fourteen, or citizens under guardianship, is the place of residence of their legal representatives - parents, adoptive parents or guardians.
Article 21. Capacity of a citizen.
1. The ability of a citizen to acquire and exercise civil rights by his actions, to create civic duties for himself and to fulfill them (civil capacity) arises in full with the coming of age, that is, upon reaching the age of eighteen.
2. In the case when the law permits entry into marriage before attaining eighteen years of age, a citizen who has not attained eighteen years of age acquires full legal capacity from the time of entry into marriage.
The legal capacity acquired as a result of marriage is preserved in full in the event of the dissolution of the marriage before attaining eighteen years of age.
If the marriage is recognized as invalid, the court may decide on the loss of full legal capacity by the minor spouse from the time determined by the court.
Article 22. Inadmissibility of deprivation and restriction of the legal capacity and capacity of a citizen.
1. No one may be limited in legal capacity and legal capacity except in cases and in the manner prescribed by law.
2. Non-observance of the conditions and procedure established by law for restricting the capacity of citizens or their right to engage in entrepreneurial or other activities results in the invalidity of an act of a state or other body establishing the appropriate restriction.
3. Full or partial refusal of a citizen of legal capacity or legal capacity and other transactions aimed at restricting legal capacity or legal capacity are void, except in cases when such transactions are permitted by law.
Article 23. Entrepreneurial activity of a citizen.
1. A citizen shall have the right to engage in entrepreneurial activity without forming a legal entity from the moment of state registration as an individual entrepreneur.
2. The head of a peasant (farm) economy, operating without a legal entity (Article 257), shall be recognized as an entrepreneur from the moment of state registration of the peasant (farm) economy.
3. For business activities of citizens, carried out without forming a legal entity, the rules of this Code, which regulate the activities of legal entities that are business entities, are applicable, unless otherwise provided by law, other legal acts or the essence of the legal relationship.
4. A citizen engaged in entrepreneurial activity without forming a legal entity in violation of the requirements of paragraph 1 of this article shall not have the right to refer, in respect of transactions concluded by him, that he is not an entrepreneur. The court may apply to such transactions the rules of this Code on obligations related to the conduct of business activities.
Article 24. Property responsibility of a citizen.
A citizen shall be liable for his obligations with all property belonging to him, with the exception of property on which, in accordance with the law, no penalty may be imposed.
The list of property of citizens, which can not be levied, is established by civil procedural law.
Article 25. Insolvency (bankruptcy) of an individual entrepreneur.
1. An individual entrepreneur who is not able to satisfy the claims of creditors related to his entrepreneurial activities may be declared insolvent (bankrupt) by a court decision. From the moment such a decision is made, his registration as an individual entrepreneur becomes invalid.
2. In carrying out the procedure for declaring an individual entrepreneur as bankrupt, its creditors for obligations not related to their entrepreneurial activity are also entitled to submit their claims. The claims of the said creditors, which were not declared by them in such a manner, remain valid after the completion of the bankruptcy of the individual entrepreneur.
3. The claims of the creditors of an individual entrepreneur in the event of declaring him bankrupt shall be satisfied at the expense of the property belonging to him in the manner and in the order stipulated by the law on insolvency (bankruptcy).
4. After completion of settlements with creditors, an individual entrepreneur, recognized as bankrupt, shall be released from the performance of the remaining obligations related to his entrepreneurial activity, and other claims submitted for execution and taken into account when the entrepreneur is recognized bankrupt.
The requirements of citizens to whom a person declared bankrupt is liable for causing harm to life or health, as well as other requirements of a personal nature, remain valid.
5. The grounds and procedure for declaring the individual entrepreneur a bankrupt or a declaration of bankruptcy by him are established by the law on insolvency (bankruptcy).
Article 26. The legal capacity of minors aged fourteen to eighteen years.
1. Minors at the age of from fourteen to eighteen years make transactions, except for those mentioned in paragraph 2 of this article, with the written consent of their legal representatives - parents, adoptive parents or caregiver.
A transaction made by such a minor is also valid upon its subsequent written approval by its parents, adoptive parents or guardian.
2. Minors aged from fourteen to eighteen years shall have the right to independently, without the consent of the parents, adoptive parents and guardian:
1) to manage their earnings, scholarships and other incomes;
2) to exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
3) in accordance with the law, make contributions to credit institutions and dispose of them;
4) to make small household transactions and other transactions provided for by paragraph 2 of Article 28 of this Code.
Upon reaching the age of sixteen, minors are also entitled to be members of cooperatives in accordance with the laws on cooperatives.
3. Minors aged from fourteen to eighteen years shall independently bear property responsibility for the transactions made by them in accordance with paragraphs 1 and 2 of this article. For the harm they cause, such minors are liable in accordance with this Code.
4. If there are sufficient grounds, the court may, at the request of the parents, adoptive parents or guardian, or the guardianship and trusteeship body, restrict or deprive a minor aged from fourteen to eighteen years of the right to independently manage his earnings, scholarship or other income, except for the cases when such minor acquired capacity in full in accordance with paragraph 2 of Article 21 or Article 27 of this Code.
Article 27. Emancipation.
1. A minor who has reached the age of sixteen may be declared fully capable if he works under an employment contract, including under a contract, or with the consent of the parents, adoptive parents or caregiver, is engaged in entrepreneurial activity.
A minor is declared fully capable (emancipated) by decision of the guardianship and custody agency — with the consent of both parents, adoptive parents or guardian, or, in the absence of such consent, by a court.
2. Parents, adoptive parents and guardian are not liable for the obligations of an emancipated minor, in particular for obligations arising from the harm caused to them.
Article 28. The capacity of minors.
1. For minors under the age of fourteen (juveniles), except for those specified in paragraph 2 of this article, only their parents, adoptive parents or guardians may perform on their behalf.
To the transactions of legal representatives of a minor with his property, the rules provided for by paragraphs 2 and 3 of Article 37 of this Code shall apply.
2. Minors aged from six to fourteen years are entitled to independently perform:
1) small household transactions;
2) transactions aimed at obtaining free benefits that do not require a notarial certificate or state registration;
3) transactions involving the disposal of funds provided by a legal representative or, with the consent of the latter, by a third party for a specific purpose or for free disposal.
3. Property responsibility for a minor's transactions, including transactions concluded by him independently, is borne by his parents, adoptive parents or guardians, unless they prove that the obligation was violated through no fault of their own. These persons, in accordance with the law, are also responsible for the harm caused by minors.
Article 29. Recognition of a citizen as incapable.
1. A citizen who, due to a mental disorder, cannot understand the values of his actions or supervise them, may be declared incapable by the court in the manner prescribed by civil procedural legislation. Over him set guardianship.
2. On behalf of a citizen, recognized as incapable, the transaction is made by his guardian.
3. If the grounds by virtue of which the citizen was recognized as incapable, have disappeared, the court will recognize him as capable. On the basis of a court decision, the guardianship established over him is canceled.
Article 30. Restricting the capacity of a citizen.
1. A citizen who, due to the abuse of alcoholic beverages or narcotic drugs, puts his family in a difficult financial situation, may be limited by the court to the legal capacity in the manner prescribed by civil procedural legislation. A guardianship is established over him.
He has the right to independently make small household transactions.
He can make other transactions, as well as receive wages, pensions and other incomes and dispose of them only with the consent of the trustee. However, such a citizen bears property liability for the transactions made by him and for the harm caused by him.
2. If the grounds by virtue of which the citizen was limited in legal capacity have fallen away, the court overrides the limitation of his legal capacity. On the basis of a court decision, trusteeship established over a citizen is canceled.
Article 31. Guardianship and trusteeship.
1. Guardianship and trusteeship shall be established to protect the rights and interests of legally incapable or incomplete citizens. Guardianship and guardianship over minors are also established for the purpose of their education. The respective rights and obligations of guardians and trustees are determined by the legislation on marriage and the family.
2. Guardians and trustees shall defend the rights and interests of their wards in relations with any persons, including in courts, without special authority.
3. Guardianship and guardianship over minors are established in the absence of their parents, adoptive parents, deprivation by the court of parents of parental rights, as well as in cases when such citizens for other reasons are left without parental care, in particular when parents evade their education or protect their rights. and interests.
Article 32. Guardianship.
1. Guardianship shall be established over minors, as well as over citizens recognized by the court as incapable due to mental disorder.
2. Guardians are representatives of the wards by virtue of the law and carry out all necessary transactions on their behalf and in their interests.
Article 33. Custody.
1. Guardianship shall be established over minors aged fourteen to eighteen years of age, as well as citizens who are limited in court capacity due to the abuse of alcohol or drugs.
2. The trustees give their consent to carry out those transactions that citizens under guardianship do not have the right to make independently.
The trustees provide wards with assistance in the exercise of their rights and the performance of duties, and also protect them from abuse by third parties.
Article 34. Guardianship and Trusteeship.
1. The guardianship and trusteeship bodies are local governments.
2. The court is obliged within three days from the time when the decision on recognizing a citizen incapacitated or on limiting his capacity to inform the guardianship and custody authority of the citizen’s place of residence to establish custody or guardianship, comes into force.
3. The guardianship and trusteeship body at the place of residence of the wards shall supervise the activities of their guardians and curators.
Article 35. Trustees and trustees.
1. A guardian or trustee shall be appointed by the guardianship and custody body at the place of residence of the person in need of guardianship or guardianship within a month from the moment when the said authorities became aware of the need to establish custody or guardianship over the citizen. In the presence of noteworthy circumstances, the guardian or custodian may be appointed by the guardianship authority at the place of residence of the guardian (custodian). If no guardian or guardian is appointed for a person in need of guardianship or guardianship within a month, the duties of a guardian or guardian are temporarily assigned to the guardianship and trusteeship body.
The appointment of a guardian or trustee may be appealed to the court by interested parties.
2. Only adult citizens with legal capacity may be appointed guardians and trustees. Citizens deprived of parental rights may not be appointed guardians and trustees.
3. A guardian or trustee may be appointed only with his consent. This should take into account his moral and other personal qualities, the ability to perform the duties of a guardian or trustee, the relationship that exists between him and the person in need of care or guardianship, and, if possible, the desire of the ward.
4. Trustees and custodians of citizens in need of guardianship or guardianship and located or placed in appropriate educational, medical institutions, institutions of social protection of the population or other similar institutions, are these institutions.
Article 36. Execution by guardians and trustees of their duties.
1. The duties of guardianship and trusteeship are performed free of charge, except as required by law.
2. Guardians and trustees of minor citizens are obliged to live together with their wards. Separate residence of a trustee with a ward who has attained the age of sixteen is allowed with the permission of the guardianship and custody agency, provided that this does not adversely affect the education and protection of the rights and interests of the ward.
Trustees and trustees are obliged to notify the guardianship authorities about relocation.
3. Guardians and trustees are obliged to take care of the maintenance of their wards, to ensure their care and treatment, to protect their rights and interests.
The guardians and guardians of minors should take care of their education and upbringing.
4. The duties specified in clause 3 of this article shall not be imposed on the trustees of adult citizens who are limited by the court in legal capacity.
5. If the grounds due to which a citizen was recognized as incapable or partially capable due to the abuse of alcohol or drugs, have disappeared, the guardian or curator is obliged to petition the court to recognize the ward as capable and remove his guardianship or custody.
Article 37. Disposal of property of the ward.
1. The income of the ward citizen, including the income due to the ward from the management of his property, with the exception of income that the ward has the right to manage independently, is spent by the guardian or trustee solely in the interests of the ward and with the prior permission of the guardianship authority.
Without prior permission of the body of guardianship and guardianship, the guardian or curator is entitled to incur expenses necessary for the maintenance of the ward at the expense of the sums due to the ward as his income.
2. A guardian shall not have the right to perform without the prior permission of the guardianship and trusteeship body, and the trustee does not give consent to making transactions for the alienation, including the exchange or donation of the property of the ward, his lease (for rent), free use or pledge, transactions , entailing the waiver of rights belonging to the ward, the division of his property or the separation of shares from it, as well as any other transactions entailing a decrease in the property of the ward.
The procedure for managing the property of the ward is determined by law.
3. A guardian, trustee, their spouses and close relatives are not entitled to conclude transactions with the trust, except for transferring property to the trust as a gift or for free use, and also represent the trust when entering into transactions or litigation between the trust and the spouse of the guardian or custodian and their close relatives.
Article 38. Trust management of the property of the ward.
1. If necessary, the permanent management of immovable and valuable movable property of the ward, the guardianship and trusteeship body shall enter into an agreement with the manager, determined by this body, on the trust management of such property. In this case, the guardian or trustee retains his authority over the property of the ward, which is not transferred to trust management.
When the manager exercises the authority to manage the property of the ward, the manager is subject to the rules provided for by clauses 2 and 3 of Article 37 of this Code.
2. The trust management of the property of the ward shall be terminated on the grounds provided by law for the termination of the agreement on the trust management of property, as well as in cases of termination of guardianship and guardianship.
Article 39. Release and removal of guardians and trustees from the performance of their duties.
1. The guardianship and trusteeship body shall release the guardian or curator from the discharge of his duties in cases of the return of a minor to his parents or his adoption.
When placing a ward in an appropriate educational, medical institution, social welfare institution or other similar institution, the guardianship and trusteeship body relieves the previously appointed guardian or curator from his duties, if this does not contradict the interests of the ward.
2. If there are valid reasons (illness, change in property status, lack of understanding with the ward, etc.), the guardian or trustee may be relieved of his duties at the request of him.
3. In cases of inadequate performance by the guardian or curator of his duties, including using his guardianship or guardianship for personal gain or leaving the ward without supervision and necessary assistance, the guardianship authority may remove the guardian or curator from these duties and take the necessary measures to bring the guilty citizen to the responsibility established by law.
Article 40. Termination of custody and guardianship.
1. Guardianship and trusteeship over adult citizens shall cease in cases when the court renders a decision recognizing the ward effective or canceling the limitations of its capacity at the request of the guardian, trustee or guardianship and trusteeship body.
2. Upon attaining a fourteen-year-old minor ward, his custody shall cease, and the citizen who performed the duties of a guardian becomes the guardian of the minor without an additional decision on this.
3. The guardianship over a minor ceases without a special decision on the attainment of a minor ward of eighteen years, as well as upon his marriage and in other cases of his acquisition of full legal capacity before reaching the age of majority (Article 21, paragraph 2, and Article 27).
Article 41. Patronage of capable citizens.
1. At the request of an adult capable citizen who, due to his state of health, cannot independently exercise and protect his rights and fulfill his duties, guardianship in the form of patronage can be established over him.
2. A guardian (assistant) of an adult capable citizen may be appointed by a guardianship and trusteeship body only with the consent of such a citizen.
3. Disposal of property belonging to an adult legally capable ward shall be carried out by the trustee (assistant) on the basis of a contract of assignment or trust management concluded with the ward. The execution of household and other transactions aimed at the maintenance and satisfaction of the household needs of the ward is carried out by his trustee (assistant) with the consent of the ward.
4. Patronage over an adult capable citizen established in accordance with clause 1 of this article shall be terminated at the request of a citizen who is under patronage.
The guardian (assistant) of the citizen who is under patronage shall be exempt from the performance of his duties in the cases provided for in Article 39 of this Code.
Article 42. Recognition of a citizen as missing.
A citizen may be at the request of interested persons recognized by the court as missing if there is no information about the place of his stay at his place of residence within a year.
If it is impossible to establish the date of receipt of the latest information on the absence of the beginning of the calculation of the deadline for recognizing an unknown absence, the first day of the month following the date in which the latest information on the missing was received is considered, and if it is impossible to establish this month - the first January of the following year.
Article 43. Consequences of recognizing a citizen as missing.
1. The property of a citizen who is recognized as missing, if necessary, is permanently managed by him on the basis of a court decision to a person who is determined by the guardianship and trusteeship body and acts on the basis of a trust management agreement concluded with this body.
From this property, maintenance is issued to citizens who are missing the obligation to maintain, and the debt on other obligations of the missing is repaid.
2. The guardianship and trusteeship body may, even before the expiration of a year from the date of receipt of information about the place of stay of the absent citizen, appoint its manager.
3. The consequences of recognizing a person as missing, not provided for in this article shall be determined by law.
Article 44. Cancellation of the decision on recognition of a citizen as missing.
In the event of the appearance or discovery of the place of stay of a citizen recognized as missing, the court overturns the decision to recognize him as missing. Based on the decision of the court, the management of the property of this citizen is canceled.
Article 45. Declaring a citizen dead.
1. A citizen may be declared dead by the court, if the place of his residence does not contain information about his place of residence for five years, and if he went missing under circumstances threatening death or giving reason to assume his death from a certain accident, during six months.
2. A soldier or other citizen who went missing due to hostilities may be declared dead by the court no earlier than after two years from the date of the end of hostilities.
3. The day of death of a citizen declared dead is the day when the court decision on declaring him dead comes into force. In the event of the announcement of a deceased citizen who went missing under circumstances threatening death or giving reason to assume his death from a certain accident, the court may declare the day of death of this citizen the day of his alleged death.
Article 46. Consequences of the appearance of a citizen declared dead.
1. In the event of the appearance or discovery of the place of stay of a citizen declared dead, the court shall annul the decision declaring him dead.
2. Regardless of the time of his appearance, a citizen may demand from any person the return of the remaining property, which has been transferred to this person without compensation after the citizen is declared dead, except as provided for in paragraph 3 of Article 302 of this Code.
Persons to whom the property of a citizen declared dead has passed under compensated transactions are obliged to return this property to him if it is proved that when they acquired the property they knew that the citizen declared dead was alive. If it is impossible to return such property in kind, its value is reimbursed.
Article 47. Registration of acts of civil status.
1. The following acts of civil status are subject to state registration:
4) adoption (adoption);
5) the establishment of paternity;
6) name change;
7) the death of a citizen.
2. Registration of acts of civil status is carried out by the civil registration authorities by making appropriate entries in the books of civil registration (assembly books) and issuing certificates to citizens on the basis of these records.
3. Correction and amendment of civil status records shall be carried out by a civil status registration body if there are sufficient grounds and there is no dispute between the interested parties.
If there is a dispute between the interested persons or the refusal of the civil registry to correct or change the record, the dispute is resolved by the court.
Cancellation and restoration of civil status records are made by a civil registration authority based on a court decision.
4. The bodies engaged in registration of acts of civil status, the procedure for registering these acts, the procedure for changing, restoring and canceling civil status records, the form of record books and certificates, as well as the procedure and periods for storing record books are determined by the law on acts of civil status.
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