Limitation of legal capacity of minors

March 23, 2021

The Civil Code defines the concept of a citizen's legal capacity. Thus, legal capacity is the ability of a citizen to acquire and exercise civil rights through their actions, to create civil obligations for themselves and to fulfill them.

The Civil Code defines the concept of a citizen's legal capacity. Thus, legal capacity is the ability of a citizen to acquire and exercise civil rights through their actions, to create civil obligations for themselves and to fulfill them.

According to paragraph 1 of Article 20 of the Civil Code, it arises in full upon reaching the age of majority, i.e., upon reaching the age of eighteen.

As for the legal capacity of minors, there are certain exceptions.

Thus, minors aged fourteen to eighteen have the right, independently, without the consent of their legal representatives:

1) to dispose of their earnings, scholarships, and other personal income;

2) to exercise the rights of an author of a work of science, literature or art, an invention or other result of their intellectual activity protected by law;

3) to deposit funds in banks or non-bank credit and financial organizations and to dispose of them in accordance with the law;

4) to enter into minor household transactions and certain other transactions.

However, the legislator has provided for a restrictive measure aimed at preventing a minor from unreasonably disposing of their income.

In accordance with paragraph 4 of Article 25 of the Civil Code, if there are sufficient grounds, a minor aged 14 to 18, upon the petition of parents, adoptive parents or guardians, or the guardianship authority, may be restricted or deprived by court decision of the right to independently dispose of their earnings, scholarships, or other income.

Exceptions include cases where a minor has acquired full legal capacity due to marriage before reaching the age of eighteen or through emancipation.

Sufficient grounds for restricting or depriving a minor of the right to dispose of their income include the misuse of received funds, their unreasonable expenditure on the purchase of alcoholic beverages, narcotic drugs, psychotropic substances, and gambling establishments.

The restriction of a minor's legal capacity and the deprivation of the right to independently receive and dispose of their earnings, scholarships, or other income can only be established before they reach the age of majority.

It should be borne in mind that the consequence of restricting or depriving a minor of the right to dispose of their income is the inability to independently spend their personal funds – wages, scholarships, or other income.

Assistant Prosecutor

Gluboksky District A.N. Kurilenok