| Issue |
SHS Web Conf.
Volume 128, 2021
XVII International Scientific and Practical Conference on Sustainable Development of Regions (IFSDR 2021)
|
|
|---|---|---|
| Article Number | 06008 | |
| Number of page(s) | 7 | |
| Section | Sustainable Development Jurisprudence | |
| DOI | https://doi.org/10.1051/shsconf/202112806008 | |
| Published online | 15 December 2021 | |
The procedural problems of the legal capability determining of a person who is in clouded consciousness, into stupor, in coma or vegetative state
Kazan branch of Russian state University of justice, Kazan, Russian Federation
* Corresponding author: aigum2000.@mail.ru
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.
© The Authors, published by EDP Sciences, 2021
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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