On the Objectification of Social Claims in Law (by the Example of the Restriction of the Legal Capacity of a Citizen)

Abstract

Social claims are actually the forerunner of law, its social basis. The leading form of objectification of social claims in law is a normative legal act, it is in it that the significant interests of the claimants receive their consolidation in the process of implementing the act. If the norms of law lag behind or do not fully regulate the relations that arise in society, there are social claims to consolidate the relevant rights. Otherwise, the legislation will be unclaimed and ineffective. In this regard, the author aims to analyze the process of objectification of social claims in order to determine ways to improve the effectiveness of legislation regulating the institution of restriction of a citizen's legal capacity. The research begins with a direct study of the process of objectification of social claims, ways of identifying and forms of their consolidation in law. The author demonstrates the process of objectification of social claims by the example of norms regulating relations in the field of limiting the legal capacity of a citizen. We believe that there is a need to improve them by making appropriate additions and amendments to the norms of civil and especially civil procedure legislation, as well as to the Law of the Russian Federation No. 3185-1 dated 02.07.1992 "On psychiatric care and guarantees of citizens' rights in its provision". The problems of the absence of an officially fixed concept of "mental health", as well as clear grounds for limiting the legal capacity of a citizen related to his mental health, are revealed. It is shown that there is a need to differentiate the grounds for recognizing a citizen as completely incapacitated and with limited legal capacity. The conclusion is made: social claims are aimed at eliminating gaps and conflicts in the law, at improving the quality of legislation. The objectification of social claims in law contributes to the completeness and effectiveness of legal regulation in general.