Article 30. Restriction of the Citizen's Active Capacity

1. The active capacity of the citizen, who as a result of his propensity for gambling, abuse of alcohol or drug addiction has plunged his family into a precarious financial position, may be restricted by the court in conformity with the procedure, laid down by the procedural legislation. He shall be put under the guardianship. 

Such a citizen shall have the right to independently effect petty everyday deals.

He shall have the right to effect other kinds of the deals only upon the consent of his trustee. Nevertheless, such a citizen shall independently bear property responsibility by the deals he has effected and for the damage he has caused. The trustee shall receive and spend the earnings, pension or other incomes of a citizen who is recognised by court as partially capable in the interests of the person under care in the procedure provided for by Article 37 of this Code. 

2. The legal capacity of a citizen who as a result of his/her mental disorder can understand the meaning of his/her actions or conduct them solely with the help of other persons may be restricted by court in the procedure established by the civil procedure legislation. Trusteeship shall be established in respect of him/her. 

Such citizen shall carry out transactions, except for those which are provided for by Subitems 1 and 4 of Item 2 of Article 26 of this Code, by approbation of the trustee thereof in writing. A transaction made by such citizen shall be also deemed valid if the trustee subsequently approves of it in writing. Such citizen is entitled to carry out independently the transactions provided for by Subitems 1 and 4 of Item 2 of Article 26 of this Code.

A citizen whose legal capacity is restricted on the grounds provided for by this item may dispose of the alimony, social pension, compensation for the harm caused to the health thereof and in connection with the death of the breadwinner paid thereto, as well as of other payments provided for the maintenance thereof, except for the payments which are cited in Subitem 1 of Item 2 of Article 26 of this Code and of which he/she is entitled to dispose of independently. Such citizen has the right to dispose of the cited payments within the time period fixed by the trustee thereof. The disposal of the said payments may be terminated before the expiry of this time period by decision of the trustee thereof.

Where there are sufficient grounds, a court on application of the trustee or of the body in charge of guardianship and trusteeship may restrict such citizen's right to independently dispose of the incomes thereof cited in Subitem 1 of Item 2 of Article 26 of this Code or to deprive him/her of this right.

A citizen whose legal capacity is restricted as a result of his/her mental disorder shall independently bear the property liability in respect of the transactions made by him/her in compliance with this article. Such citizen shall be held liable for the harm inflicted by him/her in compliance with this Code.

3. If the grounds on which a citizen's legal capacity has been restricted have ceased to exist, a court shall abolish his/her legal capacity's restriction. On the basis of the court decision the trusteeship established in respect of the citizen shall be cancelled. 

If the mental condition of a citizen whose legal capacity as a result of a mental disorder has been restricted in compliance with Item 2 of this article, has changed, a court shall declare him/her legally incapable in compliance with Article 29 of this Code or cancel the restriction of his/her legal capacity.