Malicious evasion of paying alimony. Non-payment of alimony: Article of the Criminal Code of the Russian Federation

In accordance with the current legislation, several types of alimony are provided: for the maintenance of the child, the former spouse, parents, etc. If the person does not comply with the requirements prescribed by the court decision or an agreement between the parties (that is, does not pay alimony) for a long time Appropriate measures can be applied to it. The degree of punishment may vary depending on the attendant circumstances. Parents who do not pay alimony to their children may be held criminally liable.

What is considered malicious evasion?

In order to attract a person under the article of the Criminal Code of the Russian Federation, several circumstances are necessary. The term "malicious evasion of payment of alimony" implies the absence of regular payments for a long period without valid reasons. As a rule, non-payers deliberately cease to transfer funds, covering themselves with all sorts of situations and circumstances. That is, it should be systematic, for a long time and without good reason, refusal to provide financial assistance to their children. It is legal to use the term "malicious evasion from paying alimony" only if there is an appropriate decision from the court.

Who can be considered a malicious defaulter?

This can only be done through the courts. Recognize a citizen as a malicious defaulter if he:

• Has a large debt on alimony accruals;
• Refuses to perform the actions prescribed by the court after receiving a warning from the police officer about criminal liability;
• Hides from bailiffs, regularly changing the place of residence;
• Does not make deductions in favor of a dependent for more than four months, without having any weighty reasons;
• Was put on the wanted list;
• Refuses to report information about the current income or provides false information.

The existence of such actions on the part of the defaulter shows that he deliberately does not provide financial assistance, this can lead to a criminal case. Evasion from alimony of the Criminal Code of the Russian Federation qualifies under Article 157.

When can I get a deferred payment?

There are a number of reasons that may be grounds for mitigating the judge's sentence and refusing to bring the accused to criminal liability. These include:

• The delay of wages at the official place of work through the fault of the employer;
• Fulfillment of the minimum deductions for the last six months;
• Being registered with the employment service;
• Availability of documents confirming the fact of payment of alimony (checks, receipts, extracts, etc.), even if the funds were not transferred to the recipient (for example, the bank did not transfer funds);
• The deterioration of the condition of the citizen, which led to significant monetary costs.

In this case, the court will not incriminate malicious evasion of payment of alimony (Article 157 of the Criminal Code) or a minimum sanction is established. But it is worth noting that these facts are not exempt from the obligation of financial assistance.

What consequences can lead to evasion from alimony: the responsibility of non-payers

A measure of state coercion is established by the court. The degree of punishment that can be applied to malicious defaulters is related to a number of factors: the amount of debt, the period during which non-payment of alimony has lasted, the presence of mitigating factors (illness, delays in wages due to the employer's fault, etc.) or aggravating (concealment of real income level , Large debt) circumstances. On the totality of all the circumstances, the court appoints the sanction provided by Article 157 of the Criminal Code of the Russian Federation.

As measures of influence for violators for malicious evasion from payment of maintenance in the Criminal Code of the Russian Federation, the following options for punishment are provided:

• deprivation of liberty;
• Corrective or public works;
• arrest.

The civil code also spells out such measures as:

• Inability to drive a vehicle;
• Restriction of the possibility of movement around the country;
• A ban on leaving the territory of the Russian Federation;
• Risk of loss of parental rights, etc.

How can a citizen be held accountable for non-payment of alimony?

Involvement of a citizen who refuses to help financially their children can only be held accountable if the fact of evasion is officially proven, and the payment of material security was previously appointed by the court. In this case, an application for non-compliance with the requirement of a court order may be filed.

What is the order of the action necessary to fulfill the two conditions listed above?

1. Apply to the court and file a claim for the need to receive maintenance, due to their failure to pay by the responsible citizen.
2. Wait for the judge's decision and get a decision sheet, if the application is positive.
3. Send this document and an application for recovery to the bailiff, who, in turn, must take measures to recover the debt in the enforcement proceedings.
4. If this method did not succeed in obtaining financial assistance from the parent, then it would be necessary to apply again to the court to establish a criminal case in order to prove malicious evasion of payment of alimony and failure to comply with the requirements of the court.

How to write a letter to the FSSP?

In the application, which is sent to the bailiff together with the court order, there must be data of the service to which the appeal is made and the following information:

• Information from documents of imprisonment and divorce between parents;
• Data on the children in whose favor the alimony is paid, including their place of residence;
• Amount of debt;
• Information on payments of alimony, if they had a place to be.

Until the time when a citizen is called a malicious defaulter, the necessary measures will be taken: the circumstances have been clarified, the data of the offender has been established, notifications to the defaulting party in writing about the existing debts and the possibility of his bringing to criminal responsibility, if the non-payment of alimony will be of a long duration, Collected evidence. After this, if the guilt of a citizen is proved, then a measure of punishment will be determined.