PERSISTENT EVASION FROM PAYING CHILDREN’S ALLOWANCE IN THE RUSSIAN CRIMINAL LAW

Abstract

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.