The news that 17-year-old Nikita (the name of the hero of the publication has been changed. - Ed.) From Volzhsky with a diagnosis of cerebral palsy is going to be drafted into the army, this week spread around the local media. "Volgogradskaya Pravda.ru" figured out whether a guy with a disability really had an army shining.
Nikita is diagnosed with infantile cerebral palsy; he has been disabled since childhood. This spring, his mother went to court to declare her son incapacitated. For some reason, the trial passed without the applicant and the boy himself, while Nikita did not receive the necessary documents, since he was undergoing treatment in the regional center. As a result, the court refused to satisfy the mother's claim. The woman was upset and told the media that her child was recognized as capable.
- And they said that he can go to the army, have children, adopt children and does not need guardianship, - the woman lamented. - And they told me to go to work. We have a medical and social examination certificate of disability.
It is clear that the mother appealed against the decision of the Volga court in the regional court, which ordered a forensic examination on the basis of the Volgograd Regional Clinical Hospital 2. The woman asked to be placed in the hospital with her son, since, in her opinion, the medical facility was not adapted for disabled people, but she not allowed. Nikita spent several days in the hospital and has already returned home.
As reported to "Volgogradskaya Pravda.ru" in the committee for social protection of the population of the Volgograd region, the guardianship authorities in the city of Volzhsky were invited to the court hearing on the recognition of Nikita's incapacity. They noted that the guy had never been declared incapacitated before the trial.
- Recognition of incapacity by a court is a mandatory legal procedure required in order to appoint a guardian, as a rule, one of the next of kin becomes him, who will represent all the legal and property interests of a citizen, and to place the incapacitated person in a social or medical institution in depending on his condition, - explained in the committee.
Nina Boldyreva, Ombudsman for Children's Rights in the Volgograd Region, told Volgogradskaya Pravda.ru that she knew about the situation with Nikita, but no one contacted her about this.
- I know about it from publications, they led me to bewilderment, - said Nina Boldyreva. - Today I found out where the child studied, in 2019 he finished 9 classes according to the adapted program. His parents did not contact me. I will clarify their details and, most likely, I will go to them myself. Of course, there can be no question of any army there, I believe it was said with irony.
Parents whose children suffer from diseases associated with mental, mental development, upon reaching the age of 14, often go to court to declare their child incapacitated, the children's ombudsman explained.
“This is done in order to simplify issues related to different situations,” continues Boldyreva. - In this case, they applied when the child was already 17 years old, apparently, there was no need before. If a child reaches the age of majority, but at the same time suffers from a disease that prevents him from independently performing certain legal actions, it is logical that the parents go to court and declare him incompetent. This is in the event that there is a disease, when the child may not give an account of his actions, suffers from profound mental disorders, mental deficiency. Based on publications in the media, I can definitely say that the court makes a decision on recognizing a person as incompetent in a very, very balanced way. You can't just come to mom and write a statement, attach one document. It can be concluded that few documents were provided to the court, the mother and child did not participate in the hearing, the court was unable to assess the entire body of evidence in this case. If the corresponding forensic psychiatric examination was not carried out before the court session, then it was appointed by the regional court. And if the child was not previously recognized as incapacitated, most likely this is not the case when he could be hospitalized in the hospital with his parent. On Monday I will contact my family and ask if any help is needed.
When a child with a disability reaches the age of 18, his parents may have difficulties, for example, when receiving a disability pension. For this, the recognition of the child as incompetent is needed.
- It is also necessary, for example, in housing transactions. However, the court may not recognize the child as incapacitated, this can also be, - warns Nina Boldyreva.
The joint press service of the courts of the Volgograd region confirmed that the boy's mother appealed to the regional court.
- The court considered that it was necessary to appoint an in-person examination, examine the boy personally, and not according to documents, plus provide documents that were not provided for the initial examination, - the press service reported. - At the moment, the case is suspended. As soon as the expert documents arrive at the court, a court session will be scheduled and the appellate instance will decide on the legality of the decision of the Volga court.
A source in the military registration and enlistment office explained to Volgogradskaya Pravda.ru that Nikita was never registered with the military, since, due to his state of health and diagnosis, he was initially declared unfit for military service. “Thus, the decision of the court for the issue of conscription into the army is not relevant,” the source said.
The tears of the mother and her anxiety when she has to let her ill-adjusted child go to the hospital alone is understandable. However, in this case, the decision to put Nikita in the hospital without his mother was rather dictated by the regulations of the medical institution.