Publication date: 31.05.2024
lawyer, 23 years of experience in enforcement.
Receiving child support in cases of residence in the aggressor country. Review of judicial practice.
ТекстToday, there are quite a few cases when a child for whom alimony is charged lives in a country that is considered an aggressor, such cases are not uncommon. The Executive Service is currently unable to transfer these funds to Russia. Therefore, some parents seek exemption from the payment of alimony through the court, since the child does not actually receive it. A notable case that demonstrates this situation is the decision of the Supreme Court
Court dated April 1, 2024, which is called "hot as a pie" in case No. 184/1781/22.
In the claim for termination of alimony payments, the plaintiff claimed that the recipient of alimony, who is a citizen of Russia, and the child, who permanently resides in Russia, do not receive appropriate payments due to the child's stay in the country. is considered an aggressor. Instead, the funds are accumulated by the executive service in a special account.
Based on this, the plaintiff considered it unnecessary to continue such payments. However, the Supreme Court disagreed with this view for the following reasons:
According to Clause 10-2 of Chapter XIII of the Final and Transitional Provisions of the Law of Ukraine "On Executive Proceedings", the implementation of executive actions is suspended until the law on the resolution of cases related to the aggressor comes into force. the state enters into force. During this period, it is strictly forbidden to replace debt collectors participating in enforcement proceedings, especially those related to the Russian Federation or its citizens. In addition, in accordance with the same rule of paragraph 10-2 in cases of recovery of alimony from individuals, institutions, organizations, as well as individuals and entrepreneurs who withhold payments from the debtor's salary, pension, scholarship or other sources of income. , must transfer the collected funds to the amount indicated in the statement or at the request of the debt collector. In the absence of details of the collector's account, the funds are transferred to the corresponding account of the state executive service body or private executor.
It should be noted that Clause 10-2 of the Law of Ukraine "On Enforcement Proceedings" does not provide for the justification of a person's release from the obligation to pay alimony to a citizen of the Russian Federation. Current laws do not prohibit collecting alimony on behalf of citizens of Russia, especially when the collection service is involved and a minor son lives with them, for whom the applicant, as a father, is still responsible.
Now we have found ourselves in a "stalemate" situation, when alimony is collected, but does not reach the intended child-beneficiary. The root of this problem lies in the absence of current international treaties between Ukraine and Russia, which would regulate the interaction of relevant bodies in the mutual recognition and enforcement of court decisions in civil cases. This hot issue concerns a large number of people who are eagerly waiting for a solution.
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