Disability is the loss by a person of the possibility to exercise their rights due to profound mental disorders. Criteria of disability formulated in Art. 15 of the Civil Code of the RSFSR and the relevant articles of the CC of the Union republics: "a Citizen who, due to mental disease or dementia may not understand the meaning of his actions or control them may be declared incapable by court".
Incapacity arises only if there is obvious and mutually complement each other both criteria: medical (mental disease or dementia) and legal (the inability to understand the significance of his actions or control them).
Unlike incapacity capability in accordance with the senior 11 of the civil code of the RSFSR is "the ability of citizens by its actions acquire civil rights and to create for himself civil law duties".
Although capacity and disability - legal concepts, but stated they, in each case taking into account the conclusion of a psychiatrist-expert determining the mental condition of the person and its ability to perceive the surrounding phenomena and consciously control his actions. According Art. 15 of the civil code of the RSFSR incapacity of a citizen shall be determined by court. The court with sufficient data about mental disease or dementia citizen assigns to determine his mental state judicial-psychiatric examination (article 260 of the Civil procedure Code of the RSFSR and the relevant articles of the CCP Union republics). Soviet civil law does not recognize disability mentally ill (impaired under Art. 16 CC of the RSFSR, the court recognizes persons, mentally healthy, but prone to abuse of alcoholic beverages or narcotic substances, and who puts family to heavy material conditions).
When determining incapacity mentally ill considered a form of mental illness, its course and prognosis.
The conclusion about the ability (or inability) of the patient to understand the significance of his actions and control them should be based on analysis of a combination of psychopathological manifestations. It is very important for timely detection of the initial period of the disease, when the psychic changes are not as pronounced, but the ability of orientation and assessment of the situation already broken (progressive paralysis, senile and presenilny psychosis). The presence of paranoid and delusional paranoid syndromes of various mental diseases excludes the possibility of understanding the patients the meaning of his actions and the ability to control them at the time of marriage, the conclusion of the transaction, such as sale and purchase, preparation of wills and other Decision on the incapacity of the mentally ill for the future (establishment of guardianship, divorce, parenting) depends on the prognosis of the underlying disease and may not coincide with the assessment of incapacity at the present time (having a progressive, egredientes for psychosis).
Guardianship shall be established by guardianship authority for the protection of the incapacitated person, his legal rights and interests in accordance with the senior 68 of the Code of laws on marriage, the family and guardianship.
A person deprived of legal capacity cannot apply to the court for the recognition of his legal capacity. For the purpose of protecting the rights and interests of the patient with persistent improvement in his mental state, or in recovery of the psychiatric institutions must apply to the court with a statement about recognition of the patient's legal capacity (article 263 of the CCP of RSFSR).