PROBLEMS OF LEGAL CAPACITY IN THE LEGAL RELATIONS AND ITS SENSE FOR OPTIMIZATION CASES DEALING BY COURT AND EXTRAJUDICIAL PROCEDURE

Abstract

The article deals with problems arising or potentially arising in connection with definition of the scope of legal capacity of a person. In such relation a person is as a participant of relations during performance official duties by notaries, officials of local self-government bodies, officials of executive authorities and other official persons, who are authorized to adopt individual acts, to provide administrative services, to execute administrative agreements and to certify legal actions. The author analyzes shortfalls on definition of the scope of legal capacity of a person as a participant of legal relations, that contains in administrative and civil legislation, that regulate procedure of individual acts adoption, of administrative services provision, of administrative agreements and of acts legalization. As a result of the research the author suggests to create the Unified register of invalid people and people with limited capacity and the Unified register of people, whose physical or psychological state may affect their ability to understand and manage the significance of their actions. According to the authors position these registers would help to improve the procedure for the adoption of individual acts, the provision of administrative services, the legalization of act, as well as the reduction of the burden on the judicial branch on consideration cases related to the cancellation of civil disputes, wills in inheritance and administrative cases for the adoption of individual acts, the provision of administrative services and the conclusion of administrative contracts.