Deputies adopted a law on the register of alimony defaulters
[ad_1]
Personal data of persistent non-payers of alimony and the amount of their debt will be published in a separate state register. This is stated in the government bill adopted by the State Duma in the first reading. We are talking about debtors fined under administrative articles or put on the wanted list. The White House hopes that the creation of the registry will lead to “increased motivation for debtors.” Lawyers interviewed by Kommersant differed in their assessments of the effectiveness of the idea, explaining that data on debts after entering the register cannot be hidden from employers and new wives, but at the same time, there is often nothing to recover from defaulters due to the lack of property and work.
Project amendments to the law The Russian government submitted “On Enforcement Proceedings” to the State Duma on October 4. Their essence boils down to the creation of a separate public register of malicious alimony debtors (they want to include citizens who are wanted or brought to criminal or administrative liability). It is planned to place in the register the personal data of defaulters (including last name, first name, date and place of birth) and the amount of debt. The citizen must be notified of being included in the register within 24 hours. “In order to obtain up-to-date information on the employment of debtors,” bailiffs should establish automatic interaction with the Pension and Social Insurance Fund, the draft says.
In 2022, the Federal Bailiff Service (FSSP) of the Russian Federation handled almost 1.6 million enforcement proceedings for the collection of alimony. According to the FSSP, 47.6 billion rubles were recovered over the past year. alimony. At the same time, as of January 1, 2023, there were 771 thousand unfinished proceedings on them, and in 153.8 thousand cases, defaulters were wanted (under Article 157 of the Criminal Code of the Russian Federation) or were fined (under Article 5.35 of the Code of Administrative Offenses of the Russian Federation). The efficiency of collecting alimony in 2022 was 28.5% against the planned 13.5%, the FSSP reported.
Officials are talking about creating a register from May 2021: then the head of the Ministry of Justice of the Russian Federation, Konstantin Chuychenko, assumed that restrictions would be imposed on the citizens who fell into it (they were not named). In April 2022 at the Ministry of Justice of the Russian Federation stated about the imminent creation of a register of debtors without mentioning restrictions. At that time, the department estimated the total amount of alimony debt in the country at 156 billion rubles.
Collection of alimony debts “often takes a protracted nature,” says the explanatory note to the bill.
The government of the Russian Federation reminds that the FSSP already maintains a database of enforcement proceedings (it currently contains more than 113 million records), but considers it advisable to create a “separate service.”
“It will become more difficult to hide the fact of improper maintenance of children,” Deputy Head of the Ministry of Justice of the Russian Federation Andrei Loginov said at a hearing in the State Duma, making it clear that about 142 thousand names could be included in the register. Deputy Sergei Leonov (LDPR) proposed using a separate resource “like alimentshchik.ru” for this purpose. His faction colleague Vladimir Sipyagin asked “how quickly it will be possible to get out” of the register.
Mr. Loginov said that the creation of a separate website “will lead to multiplicity,” and information will be removed from the register using “the same algorithms that are used to clean the general database” of enforcement proceedings.
“The registry will play a huge role. People will try to get off this shameful list,” the official believes.
Note that the day before the head of the Duma faction of the LDPR Leonid Slutsky proposed to oblige the state to pay part of the alimony debts (see “Kommersant” dated November 7). A similar idea at the hearings (with the creation of a state fund for alimony payments) was put forward by Grigory Shilkin (“New People”). But Mr. Loginov considered that the creation of such a fund would “multiply the number of debtors”: “They will know that the state will pay for them.” The amendments were adopted unanimously in the first reading.
Nikolai Titov, co-founder of the law firm atLegal, believes that the register “will have a positive impact on the state of alimony collection.” “Information cannot be hidden. She can be checked by employers, counterparties in transactions, and a new wife. There is no guarantee that after this someone will want to continue communicating with the debtor,” says Mr. Titov, comparing the register with elements of the social rating in China. Lawyer of the Yakovlev and Partners legal group Evgenia Ryzhkova thinks differently: “Most often, there is nothing to take from the debtor, he does not officially work, does not use bank accounts and has no property.” You can still check a citizen’s debts through the FSSP website, says the lawyer, who doubts that the register will “significantly affect the number of debtors.”
[ad_2]
Source link
