SOME ASPECTS OF RESPONSIBILITY FOR PARENTS FAILING TO COMPLY WITH ALIMENTARY OBLIGATIONS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 1, Issue
Abstract
Ukraine is a European leader in the number of divorces as a result of which the children are left to live with one parent. The parent who does not live with the child is obliged to provide the maintenance. But quite a number of parents shy away from the responsibility to pay maintenance for minor children. To encourage the members of family relationships to perform their duties legislation of Ukraine provided a number of measures to bring to justice for any failure or improper performance of maintenance obligations. The analysis of legal acts shows that the responsibility for violation of maintenance obligations has cross-sectoral and integrated character. These are the actions of civil, administrative and criminal liability. Analysis of judicial practice to impose penalty because of any delay in the payment of maintenance shows that the courts have taken different approaches to this issue and quite often used their right to reduce the size of the penalty, taking into account the financial and marital situation of the payer. Also, the law stipulates legal sanctions in the form of a temporary restriction of the right to depart from Ukraine. But this sanction is applied not for the fact of failure to perform, but for the avoidance of complying with obligations. The court has sufficient grounds to refuse the application of the sanctions. The extreme measure of impact on the debtor is criminal liability for non-payment of alimony provided by Article 164 of the Criminal Code of Ukraine. But refusal for payment of maintenance for minor children is a crime only when it is persistent. It is necessary to find new levers and incentives for debtors to pay child support properly and in a timely manner fulfill their duty of maintenance that will help ensure the rights of children. In our opinion, the impact can be an effective means of deprivation of alimony payers’ special rights such as the right to operate a vehicle, certain licenses, etc. (of course if it is not their source of income) and stipulating the restoration of this right immediately after the payment of arrears.
Authors and Affiliations
Н. М. Гресь
Keywords
Related Articles
- EP ID EP443963
- DOI -
- Views 107
- Downloads 0
FORMATION OF RIGHTS OF A POLITICAL EMPLOYEE IN CONDITIONS OF TRANSFORMATION TRANSFORMATIONS OF MODERN UKRAINIAN SOCIETY
In this article was analyzed the process of incipience and development of legal consciousness of the police officer. Determined main tendencies and their formation in modern Ukrainian society. Recommendations was provide...
PROBLEMS OF THE USE OF GUARANTEES FOR CONDUCTING INVESTMENT ACTIVITY IN UKRAINE
The article is devoted to the state guarantees of investment protection, which are provided by the legislation of Ukraine and the norms of international law. Constant investment in the economy, in the creation and modern...
THE LEGAL STATUS OF CHILDREN’S POLICE ROOMS AND THE FIGHT AGAINST CHILD ABANDONMENT IN THE UKRAINIAN SSR IN THE 1940–1950
The article analyzes the Soviet legal acts of the 1940–1950-s that regulated the creation and operation of children’s rooms of the militia. The Soviet period of law-making was not exemplary in terms of legal, social or h...
THE PRINCIPLE OF GOOD FAITH CONTRACTUAL PERFORMANCE SET BY THE SUPREME COURT OF CANADA IN BHASIN
The article is devoted to the analysis of a principle of good faith in contractual performance, and a general duty to act honestly in the performance of contractual obligations established in the Supreme Court of Canada’...
THE CONCEPT OF RESEARCH INSTITUTIONS IN UKRAINE
In the article the features of the activity of scientific research institutions, scientific approaches to the definition of the concept of «system» and «system of research institutions» are investigated. It is noted that...