E.Ts. DUGARON, 

Senior Lecturer of the Department of Civil Law and Procedure 

of the East Siberia State University of Technology and Management 

Freedom of reproductive choice and its realization is the subject of wide discussions in Russia now. The problem is complex but the biggest difficulty is the fact that reproductive choice and actions belong to sphere which is outside of legal issues. Without affecting the moral and ethical side of the issue, the author examines the defect caused by material and legal regulation of procedural resolution of cases involving medical sterilization and induced abortion in an adult person recognized as incapacity. The article gives critics of the norms of the Federal Law of 21 November 2011 No. 323-FZ «On the Basis of Public Health Protection in the Russian Federation». There is analysis of examples of judicial practice in the medical sterilization. The author investigates the legal nature of the statement of the legal representative. The conclusion is the following: the application may be submitted only in the interests of the incapable adults, and the process is aimed at implementing them to reproductive choice. The subject of proof in cases of abortion and sterilization and arguments of assignment of these cases to the category of the special production in civil procedure are also considered. 

Keywords: civil procedure; induced abortion; medical sterilization; incapacity; incapable adults; special production; reproductive rights; establishment of legal facts.