The Supreme Court told how friends can pay alimony debt
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In this case, the violator is released from criminal liability.
An explanation of the cases in which administrative liability for non-payment of alimony becomes criminal, and also in which cases the non-payer can avoid criminal prosecution, is planned to be given by the Supreme Court (SC) of Russia. In particular, the draft resolution of the plenum of the court states that the court exempts from criminal liability if the alimony debt is repaid in full, and it does not matter by whom, by the defendant himself or by someone else, for example, his comrades.
As it became known to MK, it is recommended that a non-payer be held criminally liable if he repeatedly evaded paying alimony without any valid reasons, that is, before the case went to court, he was already brought to justice under an administrative article. Administrative liability arises if a citizen within two months refused to transfer money for the maintenance of children or disabled parents. At the same time, the purchase of food, donation of things, payment of expenses, if they did not occur on an ongoing basis and did not indicate that the child or parents were dependent on the one who must pay, cannot be grounds for non-payment of alimony in full. Under the Code of Administrative Offenses, non-payers are punished with compulsory labor lasting up to one hundred and fifty hours or administrative arrest for a period of ten to fifteen days. If there are grounds for not sending the violator of the law to work or under arrest, a fine of 20 thousand rubles is imposed on him. A non-payer can be held criminally liable if he has not started paying alimony within two months after the entry into force of the decision to impose an administrative penalty. The draft resolution of the plenum stipulates that if a citizen is obliged to pay alimony for two children and was convicted for non-payment of one child, and two months later ended up in the dock for not transferring money to the second, then he should be tried under an administrative article.
Under the criminal article, the punishment is much more severe than administrative: correctional or forced labor for up to a year, or arrest for up to three months, or imprisonment for up to one year. If the offender paid alimony, but not in full, the court may decide that, due to the insignificance of his offense, it does not pose a public danger. When deciding whether an act is insignificant, the Supreme Court will recommend that the courts take into account, inter alia, the amount of the underpayment, the length of the period for which the alimony was not paid in full, the defendant’s motives and other circumstances of the case. In the case of reconciliation with the victim, the methods of making amends for the harm and the amount of compensation are determined by the person who did not receive alimony or his legal representative.
Newspaper headline:
Alimony friends allowed to pay their debts
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