The Constitution establishes equal responsibilities andthe rights of parents to care for and educate their children. The period from birth to adulthood is the most important stage in human life. During this time, the foundation is laid for the mental and physical health of a citizen. The development of the child in the future largely depends on his material well-being. For malicious evasion of the mother / father from the content of the court decision of underage dependents, as well as those who have reached the 18th anniversary of the disabled, provides for liability. It is installed in the Criminal Code of the Russian Federation, Part 1 of Art. 157. Let us consider it in more detail.
If the parent does not comply with the court decision,in accordance with which he was charged with paying for the maintenance of his children, he was sanctioned by legislation. The verdict of Art. 157, part 1 of the Criminal Code may be one of the following:
As an immediate object of the actis the material aspect of the relationship between children and parents. Victims are first of all considered to be minors who are entitled, by a court decision, to receive funds from their own parents. In addition, this category of subjects of the Criminal Code, Part 1 of Art. 157 includes disabled children who have reached the age of 18 and whose mother / father are required to maintain, as defined by the authorized agency. The origin of children is confirmed in the manner prescribed by law. It provides for the registration of birth in the registry office. A special entry is made in the special book about the child and his parents. Proof of the origin of the citizen is the certificate of his birth, issued by the registry office. It may be amended on the basis of a judicial act. Adult children are recognized as disabled if they have a disability of 1-3 groups and need, in addition, assistance. The latter means that they do not receive benefits or pensions from the state or public associations or this provision is insufficient to meet the needs.
Fixed in the Criminal Code of the Russian Federation Part 1 of Art. 157 includes a criminal violation by the parents of the duties imposed on them by two types:
To hold accountable forestablished in the Criminal Code of the Russian Federation, Part 1 of Art. 157 guilty, the entry into force of an act of the court on recovery from the parents of appropriate funds is required. The amount is determined by taking into account the amount of salary or other income.
It is it that forms the elements of the crime under Part 1 of Art. 157 of the Criminal Code of the Russian Federation. Malicious evasion is recognized as unlawful behavior of an obligated person, consisting in:
From this it is clear that misconductcan be expressed both in action (refusal from the device for work), and in inactivity (failure to provide reliable information about income). Evil implies a long and sustained reluctance to perform duties. It is preceded by criminal civil liability. In part 3 of Article 111 of the Criminal Code a provision is made about the consequences of non-notification by the guilty person for disrespectful reasons of information on the change of place of residence or work. Under Part 1 of Article 81 of the SC, maintenance in a certain amount is collected from all income / salary of the parent. In this regard, if the obligated entity maliciously evades payments, then his behavior is qualified under Art. 157 of part 1 of the Criminal Code of the Russian Federation. Amnesty in 2015 applies to convicts under the article under consideration, provided that the perpetrators are brought to justice for the first time.
Even the systematic failure to provide information on the following payments can not be qualified for the article in question:
If the guilty person, wishing to avoidresponsibility, commits the murder of a child in respect of which he is obliged by the decision of the court to make payments, his actions should be qualified according to the composition provided for in Art. 105, as a deliberate infliction of death for mercenary motives. In the event that before this the person has maliciously evaded paying alimony, then his actions are considered in the aggregate of articles.
Evasion of incapacitated personsDependents who have reached the age of 18 may be expressed as a refusal to provide the necessary material means for ensuring the proper living conditions for children, and as failure to take the necessary care of them. For example, this may be the lack of medicines, products, and so on. When determining the obligation of parents to pay alimony, it is necessary to take into account that in Art. 85 UK issued an indication of disabled adults who need help.
It consists of intentional guilt and is expressed by directintent. The entity understands that it maliciously evades payment of imputed funds by a court decision and wishes to perform these actions. Only the parent can be guilty. They are considered to be an individual, capable and responsible, who reached the age of 16, recognized by law or by the birth of the child's parent. Responsibility can be borne by fathers who are not married to the mother, if their paternity is proven.
