Анастасия Мазова
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На рассмотрение Госдумы внесены два законопроекта, которые позволят привлекать к ответственности лиц, не производящих полную уплату средств на содержание несовершеннолетних детей или нетрудоспособных детей и родителей. Соответствующие законопроекты размещена на официальном сайте Госдумы 31 мая.
Так, предлагается внести правки в ст. 5.35.1 КоАП и в ст. 157 Уголовного кодекса. Изменениями1 планируется дополнить действующие редакции положений указанных статей, согласно которым под административную и уголовную ответственность будут подпадать лица, которые без уважительных причин не только не производят уплату алиментов, но и те, которые выплачивают их частично.
НАША СПРАВКА
Статья 5.35.1 КоАП РФ: обязательные работы на срок до 150 часов либо административный арест на срок от 10 до 15 суток или наложение административного штрафа в размере 20 тыс. руб. – для родителей-неплательщиков и для совершеннолетних детей-неплательщиков.
Статья 157 УК РФ: исправительные работы на срок до одного года, либо принудительными работами на тот же срок, либо арестом на срок до трех месяцев, либо лишением свободы на срок до одного года – для родителей-неплательщиков и для совершеннолетних детей-неплательщиков.
Как сообщается в пояснительных записках к законопроектам, суды неоднозначно трактуют действующие редакции изменяемых норм. Так, в большинстве случае в суды придерживаются мнения, что для привлечения к ответственности предполагается полная неуплата присужденных к взысканию алиментов. Таким образом, административные и уголовные дела прекращаются в виду частичной уплатой должником алиментов, несмотря на то, что выплаты несоизмеримы с установленными размерами выплат судом или нотариально удостоверенным соглашением об уплате алиментов.
Указанные законопроекты разработаны в рамках проводимых мероприятий Десятилетия детства и с учетом возложенных на ФССП России полномочий по административному и уголовному преследованию лиц, уклоняющихся от уплаты средств на содержание несовершеннолетних детей или нетрудоспособных родителей. Так, по данным ФССП России, за прошлый год возбуждено 72,9 тыс. дел об административных правонарушениях, а уголовных дел – 27,8 тыс. Принятие поправок позволит обеспечить защиту прав и законных интересов нуждающихся лиц и исключить злоупотребления со стороны недобросовестных должников своими обязанностями ввиду неточности правовых норм.
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1 С текстом законопроекта № 1183583-7 «О внесении изменений в статью 5.35-1 Кодекса Российской Федерации об административных правонарушениях» и текстом законопроекта № 1183608-7 «О внесении изменений в статью 157 Уголовного кодекса Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы. и материалами к ним можно ознакомиться на официальном сайте Госдумы.
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