Institute of incapacity in contemporary Russian law

We analyze one of the most important legal properties of the individual – capacity, as well as conditions of recognition person as incapable. Institute of incapacity norms were formed in Roman law, and in contemporary legal systems they are an indicator of tolerance level towards various deviations in the social behavior of an individual. We give a brief analysis of the Roman law provisions on the factors and conditions for the capacity diminishment and the recognition of a person as incapable. In Ancient Rome, only free-born man had legal capacity and personal capacity, and the reason for capacity diminishment could be the state of health, disgrace, wastefulness. The basis of institute of incapacity legal regulation in Russian civil and criminal law is the basic provisions of Roman law, which have been transformed and reflect contemporary medical knowledge and ideas about the social status of citizens. Citizens with diminish capacity may be recognized on the basis of various circumstances; accordingly, there are different types of restrictions in the implementation of their rights. This is the basis for dividing the diminished capacity of a person into two types – full and partial. We analyze the conditions for partial diminish of capacity. We provide judgments of scientists on the need to introduce such grounds as video games addiction, gambling, and wastefulness. We assume that these circumstances should be taken into account upon making decisions on the capacity diminishment and develop the relevant judicial practice. We propose a new wording of paragraph 1 of part 1 of article 30 of the Civil Code of the Russian Federation.