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ZENODO
Article . 2023
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2023
License: CC BY
Data sources: Datacite
ZENODO
Article . 2023
License: CC BY
Data sources: Datacite
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About Responsibility in the Field of Guardianship and Care of Adult Incapacitated Persons and Persons whose Legal Capacity is Limited

Authors: Sotska, A.M.;

About Responsibility in the Field of Guardianship and Care of Adult Incapacitated Persons and Persons whose Legal Capacity is Limited

Abstract

The article focuses on various aspects of responsibility in the field of guardianship and care of adult incapacitated persons and persons whose legal capacity is limited. Established definitions of the concepts of administrative, disciplinary, material and criminal responsibility are given. The author's classification of responsibility for offenses and crimes in the researched field based on its type, content and subjects is proposed. The key aspect of the article is the analysis of the responsibility of various subjects of legal relations in the field of guardianship and care of adults. In particular, the nature of the liability of adult incapacitated persons, who as a general rule are not involved in any of the types of liability, was investigated. The responsibility for such persons rests with their guardians. The subject of comparability of the categories "incapacity" and "lack of judgment" was touched upon. It is noted that the establishment of the possibility of prosecuting adults with limited legal capacity is established at the legislative level. The question of the responsibility of the subjects of guardianship and care over adults, in particular guardians and custodians, special institutions and bodies of guardianship and care, has been revealed. In general, they may be held liable for all types of liability for the relevant activity or inaction. At the end, attention is paid to the issue of the responsibility of the subjects of the adoption and implementation of state policy in the field of guardianship and care of adults on the example of legislation that regulates the activities of the Cabinet of Ministers of Ukraine, central executive bodies, local state administrations and local self-government bodies. It has been concluded that in any case, the issue of liability is largely derived from the respective duties of such entities related to this area, as well as from the legality of their behavior as subjects of legal relations in all spheres of life of their wards, incapacitated and partially incapacitated persons, to ensure and respect the respective rights of the latter.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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