A huge role in criminal law plays Art. 157 of the Criminal Code. It’s called Malicious Evasion of Alimony. Honestly, this moment is of interest to many citizens. In Russia, child support is not doing very well. And so you should know all the nuances of this article. Of course, evasion will be subject to certain punishments. It can be avoided in some cases. Infrequently, but there is such an opportunity. Art. 157 in the Criminal Code has many nuances. Every citizen should know about them.
What is child support?
To begin with, we will determine what kind of payments are in question. It has already been said: alimony. Or funds for maintenance. This statement implies the payment of a certain amount by a citizen, which is spent on the maintenance and security of someone.
Usually these are children or parents. Child support payments paid until his majority. But with parents everything is much more difficult. Why? Able-bodied children must pay child support until the death of the elderly. Even if it is to the detriment of their own families. These are the laws in Russia. Very often, many people shy away from paying money to support children and parents. What relies on this? Art. 157 of the Criminal Code has several clarifications in this regard.
Correctional work
The most harmless thing that can only be met is nothing but an appointment correctional work. Of course, the term varies in each individual case. If the court ruled on the payment of alimony, but the citizen ignored this, and even in a malicious form, correctional labor may be appointed.
The maximum period that is imposed on the dodger, while reaching one year. This is in the worst case scenario. Nevertheless, correctional work is far from the worst thing that can await a debtor. Art. 157 of the Criminal Code contains several other penalties. By the way, correctional work apply to cases of non-payment of alimony for children and parents. It is important to understand and know.
Compulsion
Art. 157, part 1, the Criminal Code of the Russian Federation also has another feature. She tells citizens about the responsibility for non-payment of child support. In addition to correctional labor, you can also “run into” forced labor. This is a more serious punishment. The second part of this article (on evading parental support) also has this kind of sanction.
What will the deadbeat payer have to count on? The term that forced labor can reach is similar to the corrective one - up to 1 year maximum. It is almost impossible to intimidate the current deviators with such measures. Therefore, the government comes up with more serious punishments. And the greater the debt, the more serious the consequences. Art. 157 of the Criminal Code of the Russian Federation has two types of restriction of freedom for failure to fulfill its maintenance obligations.
Arrest
For example, the arrest of a dodger is a very popular measure. Moreover, this practice has been used very often lately. Art. 157, paras. 1 and 2 indicate that the defaulter has the right to arrest. But not for too long.
The maximum here is 3 months. It is unlikely that a malicious deadbeat will be enough to think carefully about their behavior. Of course, all this does not exempt a citizen from paying a debt to relatives. Nevertheless, even an arrest is in most cases not very effective.Often, the application of this punishment, on the contrary, leads to the fact that the evader does not, under any pretext, agree to the fulfillment of maintenance obligations. Moreover, he will use any means of evasion, including going to court.
Lattice
The Criminal Code (Art. 157) of the Russian Federation also provides for the deprivation of liberty of a citizen who avoids paying child support for his children and disabled parents. Deprivation of liberty is the toughest measure that is implied in the rules for dealing with defaulters.
In this case, such a person can be imprisoned for up to 1 year. Plus, after release, you will need to pay the debt with all fines and penalties. This measure is considered the most effective. But to apply it, good reason will be required. In judicial practice, one-year arrests are becoming less and less common, although this should not be so.
Without foreign countries
It is also worth noting that in modern Russia, the government came up with very interesting measures to combat alimony evaders. These measures are usually taken before the entry into force of the Criminal Code and Art. 157. What can be encountered in this case?
For example, the debtor is prohibited from leaving the country. No travel. Sometimes even restrictions are imposed on the city. In other words, while there is some kind of debt for the alimony, he cannot get out on vacation or go somewhere for work. Easy and simple. No debt - no travel restrictions. Strange, but this measure did not produce any particular results. Therefore, another very interesting measure was taken.
The rights
Which one? The thing is that not so long ago in Russia a law was adopted that expands the methods of combating evaders from child support for children and parents. And so it just turned out to be much more effective than the restriction of freedom and the ban on leaving the country.
This is a deprivation of a driver’s license. Drivers do not want to stay without a vehicle. Yes, and catching the debtor on the road is much easier. Driving license is granted after payment of all alimony and debts. Nothing difficult, right? Nevertheless, not all such measures have an effect. In judicial practice, there are cases when it was after applying some punishments that alimony began to actively fight for their rights and file counterclaims to cancel payments. In particular, this is done already by adult children when resolving issues with the support of disabled parents.
Arbitrage practice
Recently, decriminalization of Art. 157 and some chapters of the Criminal Code as a whole. In particular, criminal penalties in this case will be replaced by administrative ones. That is, for fines. In Russia, for example, they want to soften punishment for non-payment of alimony, death threats or beatings. Whether this is correct or not is not entirely clear. Each side has its own truth. Alimony for, and those who are paid money are against such a move.
It is not known what exactly caused such a step. Most likely, judicial practice. Recently, in Russia, more and more alimony is trying to regain the right not to pay for the maintenance of children or parents. To some extent this is correct. Indeed, the legislation of the Russian Federation clearly states that even if payments are detrimental to one’s own family (it doesn’t matter who is infringed, it’s just spouses or families with small children), alimony must be paid. In addition, more and more often, parents initially do not fulfill their obligations, and in the future they begin to submit child support under the slogan “You owe” to child support. It is not right.
Therefore, you can free yourself from alimony. It is enough, for example, if we are talking about supporting disabled parents, to prove that they did not fulfill their parental obligations. For example, bring certificates of nervous breakdowns that appear after communicating with such a relative.Or direct evidence of your manipulation, as well as forcing you to do something against your will in your childhood (we are talking about using your parental position to the detriment of the interests of children). If you can prove it, then everything will work out. And there will be no punishment for non-payment of funds.
Practice in court shows that more and more child support is able to avoid the application of sanctions. In general, the issue of alimony should be reviewed. So many believe. To assign payments, for example, to already needy families to support disabled parents is not entirely true when children suffer from this. Therefore, full decriminalization is not worth it, but to review some points regarding alimony is quite. Most likely, this will give a much greater result than a change of responsibility from criminal to administrative.
