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1 | // Tomsk State Pedagogical University Bulletin. 2000. Issue 1 (17). P. 13-19 | 960 | ||||
2 | The analysis of literature on psychology devoted to consciousness and will allowed the author to make a conclusion that characteristics of the subject of Law as a possessor of consciousness and will is somewhat indeterminate – the only indication of possessing consciousness being enough. The defect of psychics is always the sign of consciousness disorder, even if only volitional psychic processes are deformed. Psychologists differentiate between consciousness and realization while in legal practice they are considered to be the similar notions. Recognition of their difference is very important for legal practice. | 1054 | ||||
3 | The article presents for the fist time non-traditional approach to the state of inability to understand the meaning of one’s own activities because of psychiatric disorder. The authors consider this state as a particular legal aspect of mentally sick people. This aspect has certain criteria: medical, psychological and legal. The authors attribute to this state not only disability stated by civil Law, but also limited ability and a-ability. | 1039 | ||||
4 | The analysis of psychiatric and legal literature on limited ability and responsibility resulted in negative attitude of the author to the fact that in the Civil Code of Russian Federation there is no article about limited ability caused by psychiatric disorder. The main criteria are characterized: medical, psychological and legal. The author gives its legal determination. | 1136 |