Recognition of the minors of orphanages-boarding schools of 14-18 years of age as legally incapable: legal, social and forensic psychiatric aspects

Abstract

This problem article analyzes the legal, social and forensic psychiatric aspects of recognizing as legally incapable those minors of 14–18 years of age who receive social services in long-term care social service organizations. The legal grounds for declaring minors to be legally incapable are discussed. Based on the analysis of the norms of Russian legislation, judicial practice, the results of a personal examination of recipients of stationary social services, and a series of forensic cases, it is shown that the recognition of minors as legally incapable is most often redundant, the most problematic issue is the recognition of minors suffering from moderate intellectual disabilities as legally incapable. The possibility of applying to the court of law with applications to restrict the legal capacity of recipients of inpatient social services, whose potential is assessed as higher, after they reach the age of 18, is being discussed.