Article 157 of the Criminal code of the Russian Federation

Article 157 of the Criminal code of the Russian Federation (evasion from payment of means for the maintenance of children or elderly parents), most of those who had problems with the law, does not seem serious. Those who considers himself a law-abiding citizen, generally supposed to know about it should not. However, the practice shows: during the five months of 2013 inquiry officers UFSSP for the Primorsky Krai investigated 575 criminal cases under Art. 157 of the criminal code, the court for consideration on the merits, directed 471 criminal case. On the 240 cases are already convicted. Among the prisoners - 76 women. As noted by the head of the Department of inquiry and administrative practices of the Primorsky management of Federal bailiff service Marina Gorchakov, last year the number of people convicted of willful evasion of alimony to women and men equally. This year men-алиментщики «rushed forward». Payment of the alimony on the maintenance of children is sad «afterword» to judicial dramas. Very often one of the parties - father or mother, begins to avoid maintenance for the child. And, if there is a court decision on payment of the alimony, while the parent (or parent) do their best not to pay, in case of receipt of a writ of execution, a bailiff, the people already in the form of trying to collect the money. However, the emergence of bailiffs, not always a guarantee that a former spouse will begin to pay alimony. As a rule, «the second party» is trying to in any way not to pay money. And then comes into action article 157 of the criminal code. As said Marina Gorchakov, until 2012 bailiffs it was difficult to prove malice» evasion of alimony. Because the inquirers UFSSP interpreted this concept, based on their criteria, and workers of the Prosecutor's office on the basis of its own. As a result, many criminal cases under Art. 157 of the criminal code simply have not been initiated. Last year a joint review, signed by the leadership of the Federal bailiff service of Russia and state office of public Prosecutor of Russia, where it has been clearly explained, what is considered a «malicious evasion from payment of the alimony». The emergence of clear criteria influenced the statistics of cases: in the first five months of 2012 Committee of Primorsky UFSSP investigated 369 such cases, for the same period this year such cases already 575. As said Marina Gorchakov, thanks to the more understandable criteria of application of Art. 157 of the criminal code, now a malicious alimony enough to warn once about possible criminal liability. And, if he did not heed the requirements about payment of debts, you can initiate a criminal case. Now deliverance from prosecution are not such moves as «minor payments». For example, maintenance payer is obliged by the court to pay one-quarter earnings for the child. If salary, for example, 20 thousand, this amount is equal to 5 thousand rubles. Earlier it was enough to make at least some amount - and this allowed them to avoid criminal prosecution. Now, if the specified 20 thousand received less than 5 thousand rubles - the amount is considered малозначительной payment. And the smallest payment now doesn't save from criminal prosecution. Those who had previous convictions (including, for nonpayment of child support), now it's not necessarily to say that the non-payment of debts leads to excitation of criminal case. A previously convicted person, logically, should, and so to understand the capabilities of justice. Marina Gorchakov notes: if earlier the prosecution of a senior 157 of the criminal code ended with a conditional sentence, or correctional labor, now increasingly debtors find themselves behind bars. Today in Vladivostok, there are already sentences with a real deprivation of liberty for those who evade alimony and hides his property. The court such «wise» debtors sends to prison for three and five years. Often on the «support» article behind the bars are those who previously had no outstanding conviction. One of the most revealing sentence was last in the Pervomaisky district of Vladivostok: there mountain-a mummy, which did not pay alimony for seized her child and had outstanding conviction for Art. Art. 228 of the criminal code (possession and sale of drugs) judged senior 157 of the criminal code. The woman assumed that receives a suspended sentence. However, the court took into account outstanding conviction of a woman and her anti-social behavior that resulted in the sentence she received actual deprivation of liberty that was a complete shock

Alexander Огневский