Material-Processual Aspects of Limitation of Incomplete Legal Capacity of Minors by the Legislation of Russia and Kazakhstan

Abstract

The restriction or deprivation of the right to independently dispose of income is a measure of protection of the rights and interests of minors. Explicit unreasonable disposal of income means the acquisition of goods, work and services, as a result of consumption of which harm is caused to the health, physical, mental, spiritual and moral development of the minors. Forming a child's behavior is the responsibility of the parents who have the right to assist them in the exercise of parental rights. Appeal to the court must be an extreme measure. Depending on the actual circumstances, taking into account the characteristics of the minor and his needs, the analysis of intra-family relations, the court, on the basis of the evaluation category “reasonableness”, makes a decision either on depriving or limiting the right. The minor disposes of his income with the consent of the legal representatives or the trustee. In this case, the right to receive scholarships, wages and other income is preserved. Restriction of the right is an urgent measure, and the minor himself must be entitled to demand the repeal of his right. The change in the incomplete civil legal capacity of a minor affects his legal status.

DOI 10.14258/izvasu(2018)3-23