Publication date: 04.06.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Introduction
Alimony is financial support that one parent is obligated to pay to the other to meet the child's needs. This is the duty of parents according to the current legislation of Ukraine. However, in some cases, one of the parents tries to avoid this duty, which leads to negative consequences both for the child and for society as a whole. In this article, we will consider the legal aspects of malicious evasion of alimony payments in Ukraine, responsibility for this offense and ways to prevent it.
Legal framework
Obligations to pay alimony are regulated by the Family Code of Ukraine, in particular, Articles 180-197. According to Article 180, parents are obliged to support their minor children and, under certain conditions, adult children who continue their studies. The amount of alimony is determined by the court based on the application of one of the parents or guardian of the child.
The concept of "malicious avoidance" of alimony payments
Malicious alimony evasion is a situation where a person intentionally avoids fulfilling his alimony obligations. This can manifest itself in the following forms:
Concealment of income: A person may not declare his income in order to reduce the amount of alimony or avoid paying it altogether.
Hiding from enforcers: the evader can change his place of residence without notifying the enforcement authorities.
Falsification of documents: presentation of false data about income and property.Liability for malicious evasion of alimony payments
The legislation of Ukraine provides for several types of liability for malicious evasion of alimony payments:
Administrative liability: in accordance with Article 183-1 of the Code of Ukraine on Administrative Offenses, malicious evasion of alimony payments provides for an administrative penalty in the form of community service for a period of 120 to 240 hours.
Criminal liability: in accordance with Part 1 of Article 164 of the Criminal Code of Ukraine, malicious evasion of child support payments is subject to criminal liability, which may include correctional labor for up to two years, restriction of liberty for up to three years, or imprisonment for the same term.
Civil liability: in case of non-payment of alimony, the debtor may be charged a penalty for each day of delay.
Law enforcement practice
In practice, the application of legislation on malicious evasion of alimony is faced with a number of problems. One of the biggest is the imperfection of mechanisms for monitoring debtors' income, especially if they work informally or receive income in another form that is difficult to track.
Judicial practice
Judicial practice shows a variety of approaches to determining malicious evasion of alimony payments. The key factors are the presence of intent and the duration of the evasion. For example, in case No. 123/4567/20, the court found the accused guilty of malicious evasion of alimony due to proven concealment of income for a long time.Preventing and overcoming the problem
To effectively prevent malicious evasion of alimony payments, it is necessary to:
Improvement of the system of control over citizens' incomes: in particular, due to closer cooperation of tax authorities with other state structures.
Strengthening accountability for evasion: including increased fines and stricter application of criminal sanctions.
Information campaign: raising public awareness of the consequences of alimony evasion and legal mechanisms for the protection of children's rights.
Legal aid: providing access to free legal aid for people facing problems in collecting child support.
Conclusion
A written consultation conclusion can be drawn here that malicious evasion of child support is a serious violation that adversely affects the welfare of the child and is contrary to the principles of justice. The analysis of documents of the current legislation and the legal analysis of the situation indicate that in order to effectively combat this phenomenon, comprehensive measures are needed, including the improvement of the legislation, strengthening of control over the execution of court decisions, and active information work. This will help protect children's rights and ensure their proper financial maintenance, and if you need lawyer's consultation, legal advice or written advice from a lawyer or online help from a lawyer will help you solve such problems.
