Abstract

The authors question the effectiveness of the current mechanism for holding accountable persons who evade paying alimony, as well as the expediency of introducing Article 157 of the Criminal Code of the Russian Federation of the institute of administrative prejudice, which gave rise to a number of legal conflicts. The problem of non-payment of alimony is of an acute social nature, and the methods of its solution must take into account, first of all, the interests of the persons for whose maintenance the necessary funds must be received. However, criminal prosecution is far from always able to solve the main problem - to ensure payment discipline of persons who are responsible for paying funds for the maintenance of children. It is proposed to abandon the administrative prejudice, and as a constitutive element of the corpus delicti, to provide for the systematic nature of the evasion of payment of funds for the maintenance of children. In addition, it is advisable to provide for the possibility of relieving the debtor from criminal liability if the maintenance obligation is paid off in full.

Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call