Wednesday, June 18, 2008

General children

Court bailiffs make negligent parents to pay alimony
For the first time of the Penal Code in the Kursk region sentenced under Article 312 - for embezzlement of property, the arrested to pay alimony for the maintenance of the children.
Total same four months of this year in the area had been brought 192 criminal cases of malicious evasion funding of the disabled children and parents. Why is there such a tendency Kursk, tried to deal correspondent "WP".

Spare parts instead of alimony
This year in the Kursk region marked tightening of the real responsibility negligent parents. Went up sharply statistics prosecution - once with the February 1, 2008 awaiting trial for crimes under Article 157 CCRF (malicious evasion funding of the disabled children and parents), legislation was transferred from the internal affairs bodies Federal Intelligence Service bailiffs . Over the past year in the entire area under this heading was filed 41 criminal charges, but now only four months they recruited nearly two hundred. Moreover, 115 cases have already been sent to the court, handed down on 34 convictions.
Thus, the magistrate court plot Fatezha city and district Fatezhs-who condemned the 42 - year local resident Gennady Sidorov, part 1 of article referred to the Code to imprisonment for one year probation. County department of bailiffs in respect of the citizen were initiated two executive production to recover maintenance payments totalling more than 96 thousand rubles, after which the court adhering Executive seize the debtor "Volga". But the man had sold spare parts from the car. At the same criminal action was brought, and eventually the court agreed with the charge.
Before the real deprivation of freedom (although the law allows the use and arrests for up to three months) jurisprudence is not yet comes - she usually leans to the appointment of a binding works from 120 to 180 hours, or correctional - for up to one year.
Incidentally, over 192 debtors, passing on the prosecution, are in arrears amounting to 16.7 million rubles. This is not only fathers, but mothers and 47. Yes, and "record" on most debt (367, 6 thousand rubles) is a resident of the district Homutovskogo deprived of parental rights in respect of two minor children.

Adhering for parents
Bailiffs understand, of course, that criminal cases cover only little part kurskogo hordes of insolvent person paying alimony, but still believe that the very threat of the use of 157 - and article CCRF acts as a good preventive measure. And reasonably. As told the correspondent "WP" in the management FSSP, a dad-businessman first year after divorce duly paid child solid amount specified with the former wife of a notary certify the agreement, and then he had not to work out with business, and he stopped paying. But it cost only a bailiff to warn him of being run under investigation, Pope immediately found the money and calculated.
The same feature is preventive and another sanction applied to debtors in front of their own children, - a temporary restriction of the right to travel outside Russia. This year in the area have already made 67 such orders. And also there are examples of "pre-emptive effectiveness": far from being a poor citizen living in Kurchatov, owed her child 14 thousand rubles, and intended to depart to Norway as well as learn from the bailiffs-singer, that will not be able to go, rushed to repay debt.
But all this isolated facts on the background of an army "biological" fathers and mothers whose offspring kurskie officials with the sad usmeshkoy called "general" of children, or "children Nechipurenko" - General, the principal judicial bailiff Kursk region. Now in its execution are in service on more than 13 thousand industries to recover alimony and, in most cases, parents forced to account for payments of money for the maintenance of the children held on judicial decisions. Unite "re - propelled balance "of last year, but the number of new executive industries is growing rapidly: now for four months, the regional administration of bailiffs were instituted 2170, and in May will add almost a thousand…
What are these figures, a correspondent of "WP" explained the head of the departmental press service Elena Skomorohova. It is precisely on enforcement, as bailiffs initiate proceedings only for the treatment vzyskateley (mostly ex-wives or husbands), at the hands of the executive sheets issued by courts, but the money on them not receiving. There are certainly cases where the remaining women with children come to the bailiff for help too hastily, in the heat of divorce gorjachka, but the bulk of person paying alimony - this is the real debtors. And work with them bailiff is not easy.
It would seem that there are even financial incentives. If, within five days after the initiation of enforcement proceedings man comes and calculated, it felt voluntarily debt to recover alimony and not performing the collection of seven percent.

Bezdenezhnaya arithmetic
The problem person paying alimony debtor has socio-economic roots: here you can talk about the absence in many parts of the field work on the payroll for "black" statements on the global labor migration and so on. In addition, the legislation prohibits forced labour and no one can compel non-payers of alimony to find a job. And it is produced so that in many cases, forced to engage in useless service for children "arithmetic". Bailiff gently currently non-person paying alimony debts, as told to law, but hoped that the figures turn into real money and will reach the recipients, remains elusive. Besides these counts is interesting feature introduced by Russian legislators.
It turns applied in assessing alimony arrears method assumes that, for example, kursky dead person paying alimony richer working. That is regarded as such. If the debtor in a period not worked or were not submitted documents on its earnings for that period, then, explain to me bailiff, arrears on alimony determined by the size of the average wage in the Russian Federation at the time of recovery.
But in the Kursk region of the average salary substantially lower than for Russia and, hence, some of the children had counted the money never appears in kurskoy nature. And there is a fear that in the near term debts impracticable for alimony will grow even stronger: now in the work of parliamentarians from the draft amendments to the Family Code, which is anticipated to charge extra for each day of delay is not on the 0.1 and 0.5 per cent to at the amount of debt.

Direct Speech
Alexander Nechipurenko,
Head of FSSP, the principal judicial adhering Kursk region:
-- Enforcement of the recovery of alimony is one of the most problematic categories executive productions and, accordingly, one of the priorities of management FSSP on the Kursk region. Main here is that none of the objective and subjective reasons, which, of course, a lot, does not absolve the individual from responsibility for payment of alimony for the maintenance of their children. Their pay or not pay - this is not a personal matter and not a voluntary agreement with a former spouse, namely the obligation prescribed in the law. Yes, there are problems with employment, but those who himself wants, try to help in finding suitable employment. And for those who deliberately evading the execution of court decisions on alimony payments for the maintenance of the children, take our service and will take all measures stipulated by the legislation.

Victor Chemodurov

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