Recently, the problem of credit debt of citizens has been quite acute in Russia. This is due to a rather difficult economic situation, and a large number of companies willing to provide various amounts of debt. 
Relevance of the issue
Many citizens, taking a loan, after some time can not repay it. For some people, the reasons for non-payment are purely economic, objective. Other people are deliberately in no hurry to pay off debt. Banks, in turn, seek to return their money and often resort to the help of collectors. Nevertheless, radical measures are not immediately applied to debtors.
First, discussions are held with them, options for revising the terms of loan repayment are proposed. First of all, the bank finds out the cause of the debt. In accordance with this, a measure of impact is already being selected. In the process of communicating with the client, the bank begins to mention various legislative standards. One of the most popular is Article 177. The Russian Federation is a democratic country, however, the legislation in relation to persons who deliberately violate the requirements is quite tough. 
A responsibility
Article 177 of the Criminal Code establishes punishment for malicious evasion of a citizen or the head of a company from paying a large loan or securities after the relevant court decision has entered into force. For this act, the perpetrator faces:
- Cash collection of up to 200 thousand rubles. or equal to salary / income for one and a half years.
- Up to 2 years of forced labor.
- Imprisonment up to two years.
- Up to 480 hours of compulsory work.
- Arrest up to six months.
General concept
The legislation does not have a clear definition of accounts payable. This concept, however, is mentioned in many norms. It is considered in the sense of unfulfilled (not always overdue) obligations of the borrower to the creditor. Debt arises from the contract. Moreover, it can be not only credit. 
Strength of Decision
Section 177 provides for the possibility of bringing to justice a person who does not execute a judicial act. The decision of the authority authorized to consider and resolve disputes is binding if it takes effect. Their power extends to all bodies of state power, territorial self-government, public associations, enterprises, and also to all citizens and officials, without exception. As a material basis of the judicial decisions adopted on the repayment of debt to creditors, the provisions of Ch. 25 Civil Code.
Securities
They are mentioned in art. 142-149 Civil Code. In accordance with the provisions of these rules, securities mean documents of the established form, certifying property rights, the transfer or implementation of which is allowed upon presentation. For example, they include bonds (including government bonds), checks, bills, etc. Payment of paper is considered to be the fulfillment of obligations by the person indicated in it. Article 177 of the Criminal Code of the Russian Federation is valid if the subject intentionally does not do this. 
Malice
This concept is key in the considered norm. Section 177 establishes liability for malicious evasion of repayment of loan obligations. In this case, such behavior of the perpetrator is considered as intentional non-fulfillment of claims arising from a security or contract.Evasion of the action of the subject will be considered only when he had a real opportunity to repay the obligation, but he did not use it.
Maliciousness acts as a value concept. Article 177 does not formulate clear criteria for recognizing the guilty conduct as such. However, maliciousness is indicated by the duration of evading obligations when there is a real opportunity, the commission of any active actions aimed at creating obstacles to bailiffs who forcibly seize property for its subsequent sale on account of debt, etc. 
The size
It should be noted that article 177 of the Criminal Code of the Russian Federation is in force with debts of more than 1.5 million rubles. A few years ago, the amount of unliquidated obligations could be 250 thousand rubles. (for citizens). With regard to evasion of payment for a security, in this case the amount of obligations not fulfilled by the entity does not matter. In fact, it is possible to hold liable even with insignificant (compared to 1.5 million rubles) material damage.
Subjective part
The crime that covers article 177 is considered continuing. The act begins at the time the subject commits illegal inaction or action, which characterizes the failure to fulfill the obligation as malicious. The crime ends when the debt is paid off or when circumstances preclude subsequent evasion. The latter, for example, include the payment of a loan by another citizen, in addition to the will of the perpetrator, the imprisonment of the offender, etc. The directive intent forms the subjective side of the act. A citizen or the head of the company understands the unlawful behavior, suggests the consequences and wishes for their onset.
Additionally
Article 177 competes with Art. 315. However, in the latter the subject of the crime is treated more narrowly. In this regard, it acts as a special norm. By virtue of part 3, Article 17 she will have priority. The initiators of the criminal prosecution, as a rule, are bailiffs. In identifying malicious defaulters, they work closely with the legal department of the bank. 
Conclusion
It should be noted that, in practice, article 177 is applied less frequently. There are several reasons for this. This is primarily due to the amount of debt. According to the meaning of the article, it should be (on credit) more than 1.5 million rubles. This amount can be obtained in the calculation of fines and forfeit. However, as practice shows, they can be challenged. Accordingly, the total amount of debt when satisfying a customer complaint will be significantly reduced. Banks are in no hurry to turn to the letter of the law also because of the deadlines.
As you know, a certain judicial procedure has been established. The debtor himself may not appear in court at all. The meeting can be adjourned or the issue can be resolved in absentia. In the latter case, the decision may also be challenged. If the malicious defaulter is hiding, then the bailiffs will have to carry out some work to find him. It is easier for those banks that issue loans secured by collateral. In this case, the property of the debtor will be seized and sold. The proceeds will go to repay the loan. Large banking organizations recently very carefully inspect potential borrowers to avoid this kind of problems.
