“The clarifications prepared by the plenum of the Supreme Court of Russia are aimed at improving the practice of holding responsible for non-compliance with alimony obligations. Currently, there is a two-stage punishment system for people who evade the payment of alimony … For the first violation, a citizen is punished under the Code of Administrative Offenses, for the second there is criminal liability”, – commented Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association.
It added that, at the same time, the application of criminal law is the exclusive means of the State to answer for non-compliance or violation of maintenance obligations. The main task of legal mechanisms is to force a person to pay the debts of his parents or children.
According to the clarifications prepared, the courts must take into account that, for example, buying food, donating things, paying expenses, if such actions were not of a permanent nature and did not indicate that a disabled child or parents were in charge of an obligated person. to pay alimony, does not relieve you of your obligation to pay alimony in full.
“These circumstances are subject to investigation and evaluation by the court to decide whether there are indications of the objective side of the corpus delicti or not,” said the chairman of the board of directors of the Russian Bar Association.
In turn, the managing partner of the New lex consulting firm, Nikolai Gravirov, drew attention to the fact that the non-payment of alimony established not only by the court, but also by a notarial agreement is punishable. Previously, there was a gap in this regard.
“A notarial agreement on the payment of alimony represents a mutual agreement between the parents on the payment of alimony for the support of minor children,” he said.- Such an agreement determines the amount of payments, the frequency of transfers, the method of withholding payments, even between ex-spouses.
He recalled that the registration of the notary has the power to perform. This means that if one of the parties refuses to comply with the agreement, the document can be sent to the bailiffs for execution. If, in case of recovery of alimony, the enforcement measures are insufficient, the debtor may be administratively and even criminally liable.
“In general, it is necessary to make greater use of the potential of peaceful procedures, including mediation agreements that allow reaching agreements without lengthy court proceedings,” said Nikolai Gravirov. “Thanks to the use of mediation in alimony disputes, ex-spouses have more opportunities to discuss options and agree on mutually beneficial conditions. In this case, the certification of mediation agreements by a notary guarantees the possibility of applying legal coercion mechanisms against the parties to the agreement who have decided to neglect their obligations.
Now the full Supreme Court is finalizing the draft resolution. It should be approved in the next few days.