The Constitution establishes the equal duties and rights of parents in caring for and raising their children. The period from birth to adulthood is the most important stage in human life. During this time, the foundations of the mental and physical health of a citizen are laid. The development of the child in the future largely depends on his material well-being. For the malicious evasion of the mother / father from maintenance by a judicial decision of minor dependents, as well as those who have reached the age of 18 years of incapacity for work, liability is provided. It is installed in the Criminal Code, part 1 of Art. 157. Let us consider it in more detail.
Art. 157, part 1 of the Criminal Code: punishment
If the parent does not comply with the court decision, according to which he was charged with the payment of funds for the maintenance of his children, sanctions are applied against him. Sentence of Art. 157, part 1 of the Criminal Code may be one of the following:
- Correctional work up to 1 g.
- Imprisonment up to a year.
- Forced labor for the same period.
- Arrest up to 3 months.
Art. 157, part 1 of the Criminal Code: comments on the object of the crime
The material aspect of the relationship between children and parents acts as a direct object of the act. Victims are considered to be primarily minors who are entitled by a court decision to receive funds from their own parents. In addition, to this category of subjects of the Criminal Code, part 1 of article 157 classifies disabled children who have reached the age of 18 and whom the mother / father is required to support, as determined by the authorized court. The origin of children is confirmed in the manner prescribed by law. It provides for registration of birth in the registry office. A special entry is made in the special book about the child and his parents. The proof of the citizen’s origin is the birth certificate issued by the civil registry office. Corrections may be made to it on the basis of a judicial act. Adult children are recognized as incapable of work if they have a disability of 1-3 groups and need, in addition, help. The latter means that they do not receive benefits or pensions from the state or public associations, or this provision is not enough to meet their needs.
Objective side
Fixed in the Criminal Code of the Russian Federation, part 1 of article 157 includes a criminal violation by parents of two types of duties imputed to them:
- Malicious evasion of the maintenance of minor children.
- The same act with respect to adult disabled dependents.
To be held accountable under part 1 of the Criminal Code of the Russian Federation 157 of the guilty party, the entry into force of the court act on the recovery of appropriate funds from the parents is required. The amount is determined taking into account the size of the salary or other income.
Malicious evasion
It is he who forms the corpus delicti under part 1 of art. 157 of the Criminal Code of the Russian Federation. Malicious evasion is the unlawful behavior of the obligated person, consisting of:
- Concealment of real income.
- Frequent job changes in order to avoid deduction from the salary according to the writ of execution.
- Evasion of employment and so on.
From this it is obvious that unlawful behavior can be expressed both in action (refusal to apply for a job) and inaction (failure to provide reliable information about income). Maliciousness implies a prolonged and persistent unwillingness to perform duties. Civil liability is preceded by criminal liability. In part 3 of Article 111 of the Criminal Code, a provision has been fixed on the consequences of non-reporting by a guilty person for non-valid reasons of information about a change of place of residence or work. According to part 1 of article 81 of the UK, child support in a certain proportion is collected from the parent's entire income / salary. In this regard, if the obligated subject maliciously evades payments, then his behavior is qualified according to Art. 157 h. 1 of the Criminal Code. The 2015 amnesty applies to convicts under this article, provided that the perpetrators are brought to justice for the first time.
Exceptions
Even the systematic failure to provide information on the following payments cannot qualify under this article:
- Material assistance and severance pay in case of dismissal.
- One-time premiums for which no insurance premiums are accrued.
- Remuneration for outstanding works of art, literature, science.
- Compensation for transfers and business trips to other locations.
- Field allowance, the amount of allowances and other payments that replace the apartment and per diem.
- The cost of free utilities and apartments.
- Compensation for wear of clothing and tools.
- Amounts for additional meals, treatment in sanatoriums (at resorts), prosthetics for victims and the cost of caring for them in case of compensation for damage that arose as a result of injury or other damage to health.
- Birth allowance.
- Premiums for pensions for the disabled 1 gr. to care for them.
- Benefits for burial from the state, deducted from the social. insurance.
- Compensation for work in extreme or harmful conditions.
- Benefits to single and large mothers.
- Amounts intended for persons exposed to radiation in connection with accidents and disasters at nuclear power plants.
- Allowances for minor dependents for the period of searching for parents and so on.
Special cases
If the guilty person, wanting to avoid responsibility, commits the murder of a child, in respect of whom he is obliged to make payments by a court decision, his actions should be qualified according to the composition provided for in Art. 105, as willful infliction of death out of selfish motives. If before this the subject maliciously avoided paying alimony, then his actions are considered in the aggregate of articles.
Adult children
Evasion from the maintenance of disabled dependents who have reached 18 years of age can also be expressed as a refusal to provide the necessary material resources to ensure proper living conditions for children, and as a failure to take necessary care of them. For example, this may be the lack of medicines, products, and so on. When establishing the obligation of parents to pay child support, it is necessary to take into account that in Art. 85 of the UK, an indication is given of disabled adult dependents who need help.
Subjective side
It consists of intentional guilt and is expressed by direct intent. The subject understands that he is maliciously evading the payment of imputed funds by a court decision and wants to perform these actions. Only the parent can act as the culprit. He is considered an individual who is competent and sane, has reached 16 years of age, recognized by law or by birth as the parent of the child. Responsibility can also be borne by fathers who are not married to their mother, if their paternity is proven.