The Problem of Personal Participation of a Person Declared Incapacitated in Court Proceedings

Student: Ogiy Ksenia

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

In this final qualifying work, the author considers the problem of the personal participation of a legally incapacitated person in a court case on the example of administrative proceedings on the hospitalization of a citizen in a medical organization that provides psychiatric care in stationary conditions, in an involuntary manner. The main objective of the study is to identify the connection between the institution of personal participation on the process and judicial control in this category of cases. Considering the mechanism of judicial control, its' stages and components, the author proves the existence of its' effectiveness only with the simultaneous realization of the right of a legally incapable person to participate in the process personally, while offering to expand some guarantees for legally incapable persons in the process.

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