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Sunday, March 18, 2018

The second happiness alimony

In the state Duma a bill that would allow bailiffs to detain and forcibly bring to his alimony.

The question immediately arises: what difference have the officers the right to arrest this unenviable category of citizens or don’t have?

It turns out that most authors of the bill, United Russia deputies Pavel Krasheninnikov and Zarif Baiguskarov, saying that without the inclusion in the Code of administrative offences of these seemingly minor changes is not possible fully to ensure the inevitability of punishment for those who without valid reasons refuses to support minor children or elderly parents.

The problem arose after came into force in July last year the Law “On decriminalization” of several articles of the Criminal code introduced a new, two-tier system of liability for alimony.

Earlier article for them was the same: a criminal, penalizing “willful” failure to perform duties. According to the Judicial Department of the Supreme court, in 2015, it condemned 64 969 people. 3552 of them have lost their freedom, the vast majority sentenced to correctional labor. Now, if in violation of a court order or notarized agreement, the citizen does not pay, the case went to court bailiffs, but the citizen persists and for two months after the initiation of enforcement proceedings and not paid, first on the ability of the administrative code. There appeared a new article promises of a mandatory work for up to 150 hours or administrative arrest for the term from 10 to 15 days. For the disabled, the pregnant, the soldiers arrest or work are replaced by the penalty in 20 thousand roubles. According to the Federal bailiff service of Russia, stated in the explanatory Memorandum to the bill, from July 2016, the police officers filed more than 10 thousand administrative cases against the alimony that allowed to recover for the benefit of children and the elderly about 34 million rubles.

But in order to initiate the administrative case, it is necessary that the citizen-debtor came to the bailiff. More than 10 thousand, it turns out, were. But “often”, explain the deputies, that is, it is necessary to understand, often debtors ignore the invitation of the bailiff and go from administrative liability. And forcibly bring them to my rights from police officers, no!

When we adopted the law on decriminalization, I forgot to prescribe. Overlooked.

In the end, the FSSP has to turn for help to the police, the police of their cases, and in any case, the correspondence between the two agencies takes time…

“Procedural delays” of this kind, concludes the explanatory note, “create additional barriers” to transfer to the second, more severe level of state coercion — the level of the Criminal code. Article 157 of the criminal code now threatens for “repeated” refusal to pay child support or forced correctional labor for a term up to 1 year, or with arrest for the term up to 3 months or by deprivation of liberty for a term up to 1 year. But a criminal case can be initiated only against of alimony that has already been punished administratively but not paid during the year after that!

It turns out the full and unconditional decriminalization. For the most arrogant.

By the way, recently the law on decriminalization has copied: in the summer of last year, the government did not translate in the category of administrative violations committed first assault against family members and other close persons, and then without convincing explanations and long discussions suddenly changed his mind and moved! But the law decriminalized for the first time and even committed petty thefts for the sum of not more than 2500 rubles…

How will all these innovations on the fight against theft, alimony and domestic violence, is still unknown. Will it lead to a reduction in the number of inhabitants of the prison colonies is also unknown. Statistics yet. Conclusions to do early.

But somehow it seems that this “defect” — not the last.


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