1. Legal capacity and
capability of a person
Prepared by:
Patsora Taras
Tarasenko Iurii
Tsviluk Iryna

2. Civil relations are the social relations,
that take place among people and which
are regulated by the Civil Legislation of
Ukraine

3. An individual, acting as a party of legal
relations, shall be deemed a natural
person.
Article№24 of the Civil Legislation of
Ukraine

4. The citizens of Ukraine, the foreign citizens
and the people without a citizenship are
referred to the natural people . In order to be
a subject of civil relations a natural person
shall have a legal capability

5. A natural person’s legal capability shall mean
his/her capability to acquire civil rights by his/her actions
and to exercise them independently as well as the
capability to create civil obligations by his/her actions
and perform these obligations.

6. The Legal Capability of a natural
person stars at the moment of his/her
birth and stops at the moment of
death. The Legal Capability as a
social and legal feature is valid for all
people, equal before the law, in spite
of their origin, place of living, color of
the skin, spirituals or etc.

7. According to the Civil Legislation of Ukraine, the Civil Capability is
divided into 4 groups:
Partial Legal Capability of a Natural Person
(article .№31);
Partial Legal Capability of a Natural Person
of Fourteen Through Eighteen (article№32);
Full Legal Capability (article.№34);
Restriction of a Natural Person’s Legal
Capability (article .№36);
A Natural Person’s Legal Incapability
(article.№39).

8. Partial Legal Capability of a Natural Person
The natural person who has not attained fourteen (a child) shall be
entitled:
1) to take independently inessential social legal actions.
Legal action shall be regarded as inessential social one if it meets social
needs of a person, complies with his/her physical, moral and social
development and relates to the object with low value;
2) to exercise his/her non-property rights to the outcomes of intellectual
and creative activity protected by the law.
2. A child shall be not responsible for the losses inflicted thereby.

9. Partial Legal Capability of a Natural
Person of Fourteen Through Eighteen

10. A natural person of fourteen through eighteen (minor) shall be entitled:
1) to dispose independently of his/her earnings, fellowship or other incomes;
2) to exercise independently his/her rights to the outcomes of intellectual and
creative
activity protected by the law.
3) to become a participant (a founder) of legal entities unless it is prohibited by
the law
or the constituent documents of the legal entity;
4) to conclude independently the bank deposit (bank account) agreement and
dispose
his/her deposit entered in his/her favor (costs on his/her account).
2. The minor shall take other legal actions by the consent of his/her parents
(adoptive parents) or guardians.
Taking legal actions by a minor with respect to transportation means or real estate
must be acknowledged by the notarized approval of parents (adoptive parents) or
a guardian and by permission of a guardianship and trusteeship body.

11. Full civil capacity is the ability of an individual
to perform actions that acquire property and
moral rights, to assume and perform any
duties.

12. A natural person who attained eighteen years
(full legal age or majority) shall have full legal
capability.
In case of marriage registration of a natural
person under full age, he/she shall acquire a
full legal capability since the moment of
his/her marriage registration.
In the event of marriage termination prior to
the natural person attains the majority, the full
legal capability acquired thereby is held.
If the marriage is recognized invalid by the
reasons not connected with the illegal
conduct of the minor, the full legal capability
acquired thereby is held.

14. A natural person with the restricted legal capability shall be placed in
ward. Legal actions regarding the disposal of property and other legal actions
that lap over these inessential legal actions shall be taken by a natural person
whose legal capability is restricted by the approval of his/her guardian.
The guardian’s refuse to give the approval for legal actions that lap over these
inessential legal actions may be appealed by the natural person with the
restricted legal capability in the guardianship and trusteeship body or the
court.
The guardian receives earnings, pension, fellowships and other incomes of a
natural person with the restricted legal capability and dispose thereof. The
guardian may provide a written permit to a natural person with the restricted
legal capability to receive his/her earnings, pension, fellowships and other
incomes and dispose thereof.

15. A natural person may be recognized
by the court as legally incapable if
he/she is not capable to perceive and
(or) control his/her actions due to
chronic and stable mental disorder.

16. A natural person shall be recognized as
legally incapable from the effective date of
the court decision thereon.
If the recognition of marriage, agreement
or other legal action as invalid depends on
the time of occurring a natural person’s
legal incapability, the court may determine
the date of recognition thereof in its
decision with regard to the opinion of
psychiatric-court expertise and other
evidences of the natural person’s mental
health.
Legally incapable natural person shall be
not entitled to take any legal actions.