PRACTICAL ASPECTS OF CRIMINAL PROSECUTION FOR THE REFUSAL TO PAY CHILD MAINTENANCE // Вестник БГУ. Юриспруденция. - 2020. №2. . - С. 43-50.

PRACTICAL ASPECTS OF CRIMINAL PROSECUTION FOR THE REFUSAL TO PAY CHILD MAINTENANCE

DOI: 10.18101/2658-4409-2020-2-43-50 UDK: 343.5

The article analyzes the practice of implementing defense for the rights of materni- ty as a part of the procedure for the enforcement of payments for minor children and notarized agreements on the payment of alimony. In particular, attention is drawn to the significant changes in the administrative and criminal legislation of the Russian Federa- tion in July 2016, which resulted in the removal of the element “malignity” from the provisions of Article 157 of the Russian Criminal Code, which caused a large number of practical difficulties associated with the lack of clear criteria for its determination in the actions of perpetrators. We also have analyzed the application of the current edition of this legal norm and revealed new features of practical application. In favor of this position we cite the judicial practice of the Supreme Court of the Russian Federation, law enforcement materials of the general jurisdiction court and inquiry bodies of the Federal Bailiff's Service. We have made a suggestion about the need for generalization of judicial investigative practice by the Supreme Court of the Russian Federation and development of explanations by law enforcement agencies.

minor children; alimony; enforcement proceedings; bailiff; alimony dodger; evasion of child maintenance; malignity; administrative prejudice; criminal liability; minor payments; uniform practice.