According to the Constitution of the Russian Federation, their parents are responsible for children until they reach adulthood. In case of violation of this obligation, liability shall necessarily ensue.
If the former spouse does not want to take part in raising a son or daughter, he can be held administratively liable for non-payment of alimony. Let us analyze the main types of responsibility that threaten violators.
Criminal liability
She is the most unpleasant option for punishing parents who shy away from keeping a minor child. According to Art. 157 of the Criminal Code, the main element that requires proof in this corpus delicti is malice. The law does not contain an explanation of this concept, it is evaluative. In judicial practice, malignancy is considered as a combination of two elements:
-
systematic (time frame of debt);
-
persistence (directional evasion of material payments)
In many situations, judges consider a systematic avoidance of payments for 4-6 months. If payments were made at least once during this period, there is no need to talk about systematicity. Administrative and criminal liability for non-payment of alimony is determined by a court decision. Even if the father again does not pay the elements for about 4 months, there are no special reasons for the serious punishment of the non-payer, in particular, of a criminal nature.
Important points
The court decisions list the actions that are aimed at deliberately evading the payment of alimony:
-
concealment of duty stations;
-
providing fake documents to the court;
-
concealment of residence;
-
big debt for child support.
The court may also consider fictitious bankruptcy as stubborn evasion by the court. In order to initiate the process of criminalizing the debtor, the recipient of the alimony may file a sample application to the prosecutor's office or to the bailiff.
What is the deadline for non-payment of alimony? The Criminal Code of the Russian Federation does not have an unambiguous interpretation of the punishment for this violation. Holding administratively liable for non-payment of alimony is permissible by court order.
Punishment options for malicious defaulters
In 157 Art. The Criminal Code of the Russian Federation assumes the following types:
-
involvement in compulsory work;
-
Punishment of imprisonment of up to three months;
-
correctional work.
If earlier this article of the Criminal Code was applied only in exceptional cases, then in recent years the situation has changed significantly. According to the results of statistical studies, only in the Lipetsk region in 2015, 964 criminal cases were considered.
Other types of punishment
Administrative liability for non-payment of alimony occurs on the basis of Art. 17.14 Administrative Code of the Russian Federation. After the judge decides in the case of collecting alimony, the bailiffs control the payments. If there is a deviation from the execution of the decision, they take prompt action. Bailiffs have the right to be held administratively liable for non-payment of alimony, without waiting for approval and approval by other law enforcement agencies.
Evidence
When is administrative liability for failure to pay child support provided? Administrative Code of the Russian Federation (Article 17.14) defines the following options as a crime:
-
failure to comply with the requirements of a bailiff;
-
failure to provide information on changes in place of residence, study, work.
If at least one of these actions is observed, then it is possible to use Art. 17.14 Administrative Code.
Administrative responsibility for non-payment of alimony is supposed to be in the amount of 1000-2500 rubles. For this, there is no need to prove "malice." If one of the actions listed above is performed once, the bailiff has the right to a fine reaction.
In the event that there is no action from the offender, an article on evading administrative punishment may be applied to him. According to her, prosecution for non-payment of alimony is possible in the following options:
-
from 20 to 50 hours of compulsory work;
-
arrest up to fifteen days.
In this article, the consequences for violators are quite serious. It is applied only on the condition that before that there was already administrative responsibility for non-payment of alimony (fine under Art. 17714)
Disabling the ability to use your vehicle
How has the administrative responsibility for non-payment of alimony changed - Article 17.14? Since 2016, driver’s licenses for non-payment of alimony have been taken away from malicious defaulters. Temporary depriving a defaulter of the right to drive a car is not a punishment for non-payment of alimony, but a necessary measure to guarantee a debt obligation.
Apply such a measure in the event that the debt exceeds 10,000 rubles. Before the violator is deprived of a driver’s license, the bailiff is informed of the debtor by a similar measure.
Ways of warning a deadbeat
How and when does administrative liability for non-payment of alimony come? Samples of documents (applications for bringing the debtor to account) can be found on the official websites of government departments. This issue deserves special attention. Administrative liability for non-payment of alimony involves not only fines, but also other penalties. Let us dwell on them a little later. In order to notify the deadbeat about what administrative punishment was applied to him, he will be sent a post notice, a summons, an email. For example, if the summons was officially handed over, but the recipient did not read it or refused to hand it over, they believe that its notification took place properly.
This also applies to cases where a notice is sent at the place of residence indicated in the court decision, and the debtor, not notifying the bailiffs, changed its location.
Driver Alienation Algorithm
The Federal Service of Bailiffs informs the decision of the State Traffic Safety Inspectorate about its decision, they proceed to active actions in relation to the malicious defaulter of alimony.
Of course, the original driver’s license will not be taken away from the driver. But during the first stop of the vehicle the traffic police will give a warning. If his violator ignores, then the following actions are applied: compulsory work, deprivation of the right to drive a vehicle for up to 1 year.
Suspension
This punishment is difficult to consider responsibility. Such a measure is the result of a parent's indifferent attitude to the life of his minor child, and the refusal of material assistance. For deprivation of parental rights, the desire of the second parent is not enough. There must be serious reasons for this: complete indifference to the child, evasion of child support.
In order to prove malice, first the mother (in rare cases, the father) writes a statement of administrative responsibility for non-payment of alimony. The court makes a specific decision on it, given all the controversial circumstances.
Evidence for trial
If malice has been proven in a trial, the defendant may be held criminally liable.Also, as part of the civil process, the second parent may be deprived of his rights to the child. Non-participation in the life of a minor son or daughter is the lack of communication, gifts, not attending parental meetings in kindergarten, school.
To prove this fact in the framework of the court session, in addition to the statement of claim, it is important to provide an evidence base: confirmation of witnesses from a kindergarten or secondary school, testimony of neighbors, a certificate of the number of alimony payments made.
In court, witnesses must confirm that the second parent takes absolutely no part in the life of his child, does not meet him from kindergarten, does not see him off to school, does not come to his birthday.
Administrative responsibility for non-payment of alimony in the Russian Federation is a serious punishment for parents who do not want to monitor the life and material well-being of their child.
In case of deprivation of parental rights, the offender does not receive punishment in the form of criminal liability, criminal record or a fine.
From a civil law point of view, deprivation of parental rights implies a complete lack of rights to a minor child. Until he reaches the age of 18, all decisions that have legal significance are made by the second parent. Deprivation of parental rights in case of evasion of father's payments (in rare cases, mothers) is a very real event. If the debtor does not want to part with his money, you can apply to the prosecutor’s office, court.
Responsibilities in 2018
What is the administrative responsibility for non-payment of alimony in the Republic of Kazakhstan? The entire list of measures that are taken in respect of debtors can be found in the legislation. For example, in the Federal Law of the Russian Federation of 2007 “On Enforcement Proceedings”, in some articles of the Code of Administrative Offenses of the Russian Federation, measures were taken against domestic violators. Among the common measures to encourage debtors to pay alimony, we highlight several elements.
Ban on leaving the Russian Federation
According to the Federal Law No. 229 (Article 67), in the case of a debt of more than 10,000 rubles, a court bailiff draws up a resolution and sends it to the border control. To remove child support debt, you must do this in advance of going abroad. Otherwise, crossing the border of the Russian Federation will be prohibited, and the money spent on vacation abroad will be lost forever.
Other measures to violators
It should also be noted administrative detention. It involves a short-term restriction of the debtor in free movement. A similar measure is carried out after drawing up the protocol.
The restriction on the validity of a driver’s license has already been noted above. Also among the measures it is necessary to mention the announcement of the offender or the property that belongs to him on the wanted list. Similar measures apply with a debt of 10,000 rubles or more.
If the requirements of Art. 17.14 Administrative Code of the Russian Federation, in isolated cases, when skipping child support payments, the debtor is held liable. The fine is 1000-2500 rubles. A ruling of the corresponding type is issued by the bailiff independently if the requirements of the enforcement document were not really fulfilled on time.
A serious measure is considered an administrative arrest of up to 15 days, applied to those violators who did not respond to previous options of administrative punishment.
A large fine (up to twenty thousand rubles) is used instead of compulsory work for minors, pregnant women, disabled people of groups 1 and 2, employees of the investigative bodies or military personnel of citizens.
To summarize
Some parents do not provide material and moral support to their young children, trying to evade the payment of alimony, the amount of which is established in court.Administrative liability for non-payment of alimony in the Republic of Belarus, just like in the Russian Federation, involves all sorts of punishments and the payment of the entire penalty for delaying monthly payments. Its size is standard for all types of civil cases, estimated at 0.5% of the amount of debt for each day of delay.
To establish such a measure of responsibility of a citizen, the interested person applies to the court with a statement of claim, which indicates the requirement to recover the penalty and the main debt.
Alimony arrears arise for various reasons. In life, there are situations when a parent, through no fault of his own, is not able to financially provide for a minor child: reduction at work, natural disasters. All these reasons are considered valid in court, and therefore, before bringing the defaulter to administrative or criminal liability, the judge carefully examines all the circumstances of the case. Only if there is evidence of malicious evasion of payments, do serious measures be taken by the negligent parent, up to correctional labor.