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Authors : 1. Chulpan Sh. Kupirova,
Senior Lecturer
Chuvash State University named after I. N. Ulyanov, Cheboksary, Russia
Persistent evasion from paying children’s allowance in the Russian criminal law
Objective: to analyze the composition and the problem of enforcement of persistent evasion from paying the children’s allowance (Article 157 of the Russian Criminal Code), and to develop proposals to improve the criminal law on this corpus delicti.
Methods: formal-logical method, which consists in identifying and analyzing signs that constitute the persistent evasion from paying the children’s allowance.
Results: The specific scientific reasoned recommendations are proposed which would further improve the criminal law on the responsibility for the crime of persistent evasion from paying the children’s allowance.
Scientific novelty: it is proposed to set a certain quantitative threshold for the persons evading from paying the children’s allowance (not below the minimum wage set by legislation); to strengthen criminal responsibility of parents for persistent evasion from paying the children’s allowance, by increasing periods of punishment to those convicted for correctional and forced labor up to two years; to introduce a rule in the note to Article 157 of the Criminal Code, by which a person who commits the offense, is not subject to criminal liability if voluntarily repay the alimony. The definition is given of persistent evasion from paying the children’s allowance, in order to avoid different interpretations in law enforcement.
Practical value: by studying the norms of the Criminal Code and the practice of their application, some suggestions are made to improve the Russian Federation legislation on liability for persistent evasion from paying the children’s allowance by court decisions and law enforcement practice.
Keywords :
under age children; parents; persistent evasion; alimony
Bibliography :
1. Vallask, E. V. Topical issues of investigation in cases of persistent evasion from paying allowance to under age children. Kriminalistika, 2010, no. 2(7), p. 70 (in Russ.).
2. Rubchenko, A. N. Ugolovno-pravovye i kriminologicheskie mery protivodeistviya zlostnomu ukloneniyu ot uplaty sredstv na soderzhanie detei ili netrudosposobnykh roditelei: dis. …kand. yurid. nauk (Criminal-legal and criminological measures of counteraction against persistent evasion from paying allowance to children or incapable parents: abstract of a PhD (Law) thesis)). Chelyabinsk, 2011. 29 p.
3. http: //kubantv.ru/proisshestvija/50807
4. Reshetnikova, G. A. Ugolovno-pravovaya okhrana sem'i i nesovershennoletnikh: dis. … kand. yurid. nauk (Criminal-legal protection of family and under age children: a PhD (Law) thesis). Izhevsk, 2005. P. 50.
5. http: //www.vsluh.ru/news/incident/271530
6. http://www.gazeta.spb.ru/1284675-0/
Citation :
Kupirova Ch. Sh. Persistent evasion from paying children’s allowance in the Russian criminal law. , Actual Problems of Economics and Law, 2014, vol. 8, No. 1, pp. 267–272.
Type of article : The scientific article
Date of receipt of the article :
16.12.2013
Date of adoption of the print :
19.02.2014
Date of online accommodation :
25.06.2016
