The corresponding decision of the plenum of the Supreme Court of Russia is published today by RG.
“The decision taken by the full Russian Supreme Court is aimed at improving the practice of holding accountable for non-payment of alimony. Enforcement of criminal law is the exclusive means of state response to non-compliance or violation. maintenance obligations,” said Vladimir Gruzdev, chairman of the board of directors of the Russian Bar Association.
He stressed that the Supreme Court focuses on the fact that criminal liability occurs only in cases where a person had a real opportunity to pay for maintenance, but deliberately evaded compliance with the obligation assigned to him. Even if the payments were made for an amount less than that established by a judicial act or a notarial agreement, for example, irregular or insignificant payments.
“If the debtor’s non-compliance with maintenance obligations was due to the presence of reasons recognized by the court as valid, then these acts do not constitute a crime under article 157 of the Criminal Code of the Russian Federation,” said the chairman of the summary the board of directors of the AJUR.
The Plenum of the Supreme Court of Russia explained that when imposing a penalty under the criminal article for non-payment of alimony, the court must choose the type and amount of the penalty that will not only be proportional to the fact, but also nor will it prevent the convicted person from complying with the obligation to pay funds for the support of disabled children and parents. In other words, sending a negligent parent to prison, where there will be no opportunity to earn money and pay off debts, is not right. But you can think about forced labor. Such a sentence is served in a correctional center and provides employment in some company. A person will work and receive money from which alimony will be paid.