The procedural problems of the legal capability determining of a person who is in clouded consciousness, into stupor, in coma or vegetative state

Abstract

The article is devoted to the problematic aspects of recognizing a person as having limited legal capacity. The authors consider the cases, which deal with people who are in clouded consciousness, into stupor, in coma or vegetative state. Depending on the degree of depth of lowering the clarity of consciousness the following stages of switching off consciousness are distinguished: clouded consciousness, stupor, coma and vegetative state. These stages successively replace each other when the condition worsens. The authors conduct a legal analysis of various degrees of disturbance of consciousness, project the results onto the institution of recognizing a person as incompetent and, taking into account international experience, suggest the most relevant ways to improve the Russian legislation. Also it has been determined the significant element of the psycho-physical state of a person, which is the basis for limiting the rights and obligations in accordance with his health.