FEATURES OF GRANTING FULL CIVIL CAPACITY TO A MINOR PERSON IN THE JUDICIAL PROCEDURE

Abstract

The article is devoted to the study of the grounds and conditions for granting full civil legal capacity to a minor in court, the procedural features of consideration of cases of this category. It was concluded that according to the current legislation of Ukraine, a natural person who has reached the age of sixteen and works under an employment contract, as well as a minor registered by the child's mother or father, can be granted full civil legal capacity in a court of law, in the absence of parental consent (adoptive parents) or guardian. The impracticality of empowering a judicial authority to grant a natural person who has reached the age of sixteen and wishes to engage in entrepreneurial activity, full civil legal capacity for registration as an entrepreneur without the consent of parents (adoptive parents), a guardian or a body of guardianship and guardianship has been substantiated. It was concluded that full civil legal capacity is acquired by a natural person who has registered as an entrepreneur in order to carry out entrepreneurial activities, and is not granted to him for the purpose of creating conditions for registration by a business entity without the consent specified in "On State Registration of Legal Entities, Natural Entities – entrepreneurs and public organizations" dated 15.05.2003 No. 755-IV bodies or individuals. It is argued that for emancipation the courts need not only to establish the fact of the registration of a minor by the child's mother or father according to the State Register of civil status acts of citizens or the conclusion of an employment contract with a natural person who has reached the age of sixteen, but also necessarily take into account the level of his mental (mental) maturity, as it reflects her ability to realize the meaning of her actions and their consequences. It was concluded that the presence of a minor's mental (mental) maturity at a level that allows him to independently exercise his civil rights and fulfill his duties can be established by the court based on the conclusion of a forensic psychological examination. It is noted that the parents (adoptive parents) or the guardian of a minor cannot represent his interests during the consideration of the case, since they participate in it as interested persons, but the applicant is subject to the right to free secondary legal assistance. In order to improve the legal regulation of court consideration of cases on granting a minor full civil legal capacity, amendments and additions to the Civil Code of Ukraine and the Civil Procedure Code of Ukraine are proposed.