Domestic law establishes the obligation of parents to support minor children. In the event of their divorce, one of them must pay child support.
A similar obligation is provided for able-bodied adult children in relation to their non-working parents. The malicious evasion of persons from the execution of the requirements of the law is regarded as a criminal offense. Punishment for him is secured by Article 157 of the Criminal Code of the Russian Federation. Consider its features.
The content of the norm
In Art. 157 of the Criminal Code, part 1 provides for penalties for non-payment by a parent of funds for the maintenance of a minor or disabled adult child in violation of court orders or the provisions of an agreement certified by a notary without good reason if this act was committed repeatedly. The perpetrators may be charged:
- Forced or correctional labor or imprisonment for 1 g.
- Arrest up to three months.
Clause 2 of Norm 157 of the Criminal Code of the Russian Federation provides for the same sanctions for able-bodied children who refuse to pay child support in violation of court orders or the provisions of an agreement certified by a notary without a good reason if the act was also committed repeatedly.
Notes
Repeated failure by a parent to fulfill an obligation imposed by a court decision or arising from an agreement shall be considered non-payment of funds by a person in respect of whom an administrative penalty has been applied for a similar act during the period when it is considered to have been subjected to the specified sanction. Similarly, the repeated violation of prescriptions by an able-bodied child is treated.
Norm 157 of the Criminal Code: comments
This article provides for two independent acts.
The punishment enshrined in Part 1 of the norm 157 of the Criminal Code of the Russian Federation is aimed at ensuring the implementation of the provisions of Article 80 of the Criminal Code. According to them, parents must support minor children. In addition, the SC provides for Art. 85. In accordance with it, parents are obliged to provide disabled adult dependents in need of assistance. They recognize citizens who are not able to work due to mental or physical disorders. Their disability should be confirmed by a medical certificate.
If the subjects evade duties, funds are recovered from them in the framework of legal proceedings.
The sanctions provided for in part 2 of norm 157 of the Criminal Code of the Russian Federation are aimed at ensuring the implementation of the provisions of Article 87 of the Criminal Code. According to them, able-bodied adult citizens must support their needy parents.
Object of encroachment
They are primarily the interests of the family. The crime, enshrined in norm 157 of the Criminal Code of the Russian Federation, encroaches on social relations arising in the sphere of material support, maintaining the intellectual, moral, physical development of a disabled minor or parent.
Objective part
The crime, enshrined in Article 157 of the Criminal Code, is committed in the form of inaction. It is expressed in the malicious evasion of the entity from payment of the sums awarded by the court or provided by agreement between the parties.
This inaction is manifested in the categorical refusal of a person to comply with the requirements or conditions of the agreement.
A crime can also be committed in the form of active actions testifying to the intention of the subject to evade fulfillment of obligations.
The nuances of the assault
The collection of alimony for a child, according to general rules, is carried out until he reaches 18 liters. Malicious evasion of funds is recognized as a continuing crime. Accordingly, it will be deemed completed at the time a fact is established that confirms the repeated violation of the requirements.
The culprit can be held accountable for actions / inactions that took place before the child reached the age of majority, after he was 18 years old, if the statute of limitations has not expired.
Subjective side
Crime enshrined in Art. 157 of the Criminal Code, characterized by the presence of direct intent.
The subject of the assault is 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 whose paternity was confirmed by the rules of Articles 48, 49, as well as those who adopted a minor.
A person who was deprived of parental rights if he was charged with the obligation to pay child support may also be held liable.
Evasion of obligations by the entity adopting a minor is not qualified under Art. 157 if the decision on adoption has been quashed by the court.
Responsibility of able-bodied adults
The objective side of the act provided for in the second part of the norm is also characterized by inaction, expressed in evasion of fulfillment of obligations, or by active actions, indicating a reluctance to provide for needy parents.
Disabled persons in the context of Part 2 of the commented article are considered women aged 55 and men 60 years old. Disabled needy parents are also recognized as citizens with a disability of 1 or 2 groups. Its presence must be confirmed by a medical certificate, drawn up in the manner enshrined in regulatory acts of the Russian Federation.
Important point
The fact of receiving pensions during the collection of alimony does not matter. However, this fact should be taken into account by the court in determining the amount payable by the obligated person.
The availability of pensions cannot be considered grounds for refusing to transfer funds for the maintenance of needy disabled parents. Malicious evasion of duty in this case is qualified according to 2 parts of the commented norm, if the court determines that citizens really needed help.
Features of the application of the norm in relation to children
The subject of a crime under Part 2 of Article 157 is the able-bodied child (daughter or son) of a citizen specified in the birth certificate.
At the same time, on the basis of part 5 of the SK norm, children can be released from obligations to support disabled parents who need help if the court determines that they themselves at one time evaded from their duties.
When considering cases, the authorities must conduct a thorough check of the reasons for evasion and the nature of inaction. For example, if a citizen who is charged with the obligation to pay alimony for a long time can’t get a job for a good reason (due to a long illness, due to dismissal), and the active employment actions he takes do not bring the expected result, failure to pay the imputed amount cannot be considered evasion. Accordingly, his involvement under Art. 157 liability will be unlawful.
Conclusion
The problem of non-payment of alimony is quite acute in the Russian Federation. Currently, there are a lot of people evading duties. In this regard, with regard to norm 157 of the Criminal Code of the Russian Federation, decriminalization today is not necessary. On the contrary, individual lawyers make proposals to tighten the responsibility of citizens who shy away from fulfilling obligations to maintain disabled family members. However, a real change in criminal norms is not currently being discussed.