In the domestic legislation establishes the obligation of parents to support minor children. In the event of a divorce, one of them must pay alimony.
A Similar duty is provided for able-bodied adult children to their disabled parents. Malicious evasion of persons from enforcing the regulations is regarded as a criminal offence. The punishment reinforces the article 157 of the criminal code. Consider its features.
In article 157 of the criminal code, in part 1 provide penalties for non-payment by parent of funds for the maintenance of the minor or disabled adult child, in violation of the regulations of the court or provisions of this agreement, certified by a notary, without a valid reason, if the act was committed repeatedly. Guilty can be charged:
In paragraph 2 of the rules 157 of the criminal code provides the same sanctions for able-bodied children who had failed to pay child support in violation of the regulations of the court or provisions of this agreement, certified by a notary, without a valid reason if the act is also committed repeatedly.
The Repeated failure by parent of the obligations imposed by court decision or resulting from the agreement is deemed to be the non-payment of funds by the person in respect of which the same act was applied to administrative punishment, at a time when it is subject to specified sanctions. In the same way is interpreted the repeated violations of the requirements of the working child.
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This paper provides two independent acts.
The Punishment, fixed 1 part of the rule 157 of the criminal code, aimed at ensuring the implementation of the provisions of article 80 of the UK. According to them, parents need to support minor children. In addition, SK is provided by article 85. According to her, parents must support disabled adult dependents needing assistance. They recognized as citizens, who are unable to work due to mental or physical disorder. Their disability must be supported by a medical certificate.
If the subjects shy away from duty, the funds recovered from them in court proceedings.
The Sanctions provided for in part 2 of the rules 157 of the criminal code, aimed at ensuring the implementation of the provisions of article 87 of the UK. According to them, able-bodied adult citizens should support their needy parents.
They are first and foremost the interests of the family. Crime is enshrined in rule 157 of the criminal code, encroaches on the public relations arising in the sphere of material security, maintain intellectual, moral, physical development of minors or incapacitated parent.
The Crime enshrined in article 157 of the criminal code, takes place in the form of inactivity. It is expressed in willful evasion of the subject from the payment of the amounts awarded by the court or stipulated by agreement between the parties.
This inaction manifests itself in the categorical refusal of the person from the performance requirements or conditions of the agreement.
The Crime may be perpetrated in the form of active actions proving the intent of the subject to shirk obligations.
The Collection of child support, according to General rules, is until they reach 18 L. Malicious evasion from payment of means recognized continuing offence. Accordingly, it will be considered completed at the time of establishment of the fact, confirming the repeated violations of the regulations.
The Perpetrator can be held liable for actions/omissions that took place before the child reaches the age of majority after he turned 18 if the Statute of limitations has not expired.
A Crime, enshrined in article 157 of the criminal code is characterized by direct intent.
The Subject of a crime special. It is the parent, i.e. the person recorded by the mother or father in the book of the registry office. The subjects of the crime include those citizens, paternity is confirmed by the rules of articles 48, 49, and adopted minors.
It may be held liable as a person who has been deprived of parental rights, if he was required to pay alimony.
Evading fulfillment of obligations by an entity to adopt a minor, does not qualify under article 157, if the decision of adoption was annulled by the court.
The Objective side of the offence under the second part of the rules is also characterized by inaction, expressed in evasion from execution of obligations, or active actions indicating unwillingness to provide needy parents.
People with disabilities in the context of part 2 of the commented article are considered women at the age of 55 and men of 60 years. Disabledneedy parents are also recognized citizens with disabilities 1 or 2 groups. Its presence should be confirmed by a medical certificate issued in the procedure established by regulatory acts of the Russian Federation.
The Fact of receiving a pension when the claim is irrelevant. However, this fact should be taken into account by the court when determining the amount to be paid by the obligated entity.
The Presence of a pension is not considered grounds for refusal to transfer funds for needy disabled parents. Malicious evasion from the obligation in this case was qualified under part 2 of the commented rules, if the court finds that the people really needed help.
The Subject of the crime under part 2 of article 157 is the able-bodied child (daughter or son) of the citizen, specified in SV-in about a birth.
However, on the basis of part 5 87 rules of SK children may be exempted from the obligations according to the content of disabled parents in need of assistance, if the court determines that they themselves evaded the execution of their duties.
In trial of cases instances it is necessary to conduct a thorough review of the causes of deviations and the nature of inaction. For example, if a citizen who's required to pay child support for a long time can not get a job for a valid reason (because of a long illness due to the dismissal), and taken active steps to employment do not bring the expected result, nonpayment imputed amount cannot be considered evasion. Accordingly, raising him according to the article 157 of responsibility is unlawful.
The Problem of nonpayment of child support in Russia is quite acute. Currently, individuals who evade duties, many. In this regard, about the rule 157 of the criminal code on decriminalization today can not speak. On the contrary, private lawyers offer proposals on toughening the responsibility of citizens, evading fulfillment of obligations on the content of disabled family members. However, the real change in the criminal rules was not currently under discussion.
Article in other languages:
AR: https://tostpost.com/ar/the-law/9843-157-157.html
HI: https://tostpost.com/hi/the-law/9846-157---157.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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