Alimony Law: Major Sanctions Against Debtors
What restrictions are provided by law
In accordance with the newly adopted law, a simplified prohibition of travel abroad begins for those parents who do not pay alimony for their child for more than 6 months. The decision on such a ban should be taken by the State Bailiffs’ Service.
Restrictions on the right to use vehicles, the right to hunt and use of weapons are foreseen. However, restrictions on the use of the car provided for exceptions. In particular, this sanction will not be applied if a non-payer earns a living by means of a vehicle, holds a disabled person, undergoes regular military service or is mobilized, as well as if the service is in the district of the ATO.
In addition, the state executor receives the right to draw up a protocol and send it to the court for application to the debtor administratorresponsibility in the form of socially useful works that will be paid. For six months, non-payment of alimony to the debtor may appoint such works for a period of 120 to 240 hours. As explained earlier in the Ministry of Justice, such a rule will apply to those debtors who do not have the money to pay alimony. In case of evasion from the work of the debtor may be arrested for a period of up to 15 days.
There is also a norm in the law that a parent who fails to pay alimony loses the right to consent from another parent to the child’s departure abroad for study, medical treatment or rest.
Minister of Justice of Ukraine Pavel Petrenko explained on the eve that such restrictions will not be applied forever.
“Restrictions will be applied not permanently, not for life to one of the parents, but only for the period until the parent who has a debt, does not completely pay this debt to his child,” – said the official.
Who and how much is debt
The fact that there really is a big problem in Ukraine with non-payment of alimony is confirmed by official figures. Thus, according to the Ministry of Social Policy, last year more than 500 thousand executive actions on non-payment of alimony were opened in Ukraine. The amount of money that children did not receive is 2.4 billion hryvnia.
“The sanctions provided for in the law concern non-essential things for life – for example, such as hunting. If a person has funds for hunting that is not cheap, then she should have found funds in order to adequately provide her child, “said Deputy Minister of Social Policy Natalia Fedorovich.
It should be noted that the Ministry of Justice has already launched a public register of maladaptive alimony.
There will be published lists of those who owed payments in three months. According to the agency, this registry already has 75 thousand records.
Are constitutional restrictions in line?
This law has already received a lot of criticism in its address because it may violate individual rights of citizens. Lawyers draw attention to the broad powers of the executive service provided for by this law, which may lead to corruption abuses.
The head of the Lviv Center for Human Rights, Oleksandr Atamanyuk, in the commentary to the IA ZIK on the points explained that the norms of the newly adopted law really violate the constitutional rights of citizens and may have a prospect of appeal, which, on the contrary, exactly correspond to the Basic Law:
– Art. 22 of the Constitution guarantees that in the adoption of new laws or amendments to existing laws, it is not allowed to narrow the content and scope of existing rights and freedoms. However, Art. 33 of the Constitution permits the law to establish certain restrictions at crossing the border. That is, in the case of a prohibition on persons who have debts to pay alimony, to go beyond Ukraine constitutional norms are not violated.
Another situation with temporal limitation of the debtor in the right to use the vehicle until the repayment of arrears in payment of alimony in full. This is a direct violation of Art. 41 of the Constitution, which guarantees the right of everyone to own, use and dispose of their property. That is, if a citizen owns a car, the Constitution guarantees his right to dispose of and use it. And this law restricts this right. That is, in this case the norm of the Constitution is violated.
As to the restrictions on hunting and using weapons, there are no obvious violations of the Constitution.
Now for referring to socially useful works. According to Part 12 of. 71 of the Law of Ukraine “On Enforcement Proceedings”, in the presence of arrears of payment of maintenance, the amount of which exceeds the amount of corresponding payments for six months, the state executor must draw up a report on the commission of an administrative offense by the debtor under Part 1 of Art. 183 of the Code of Ukraine on Administrative Offenses and sends this protocol to the court for consideration. That is, the performer does not make the decision on the degree of punishment, this issue is still decided by the court, not the executor. He only collects materials, draws up the relevant protocol and sends them to court.
Thus, the only moment debtor can theoretically be able to dispute is the question of using a car, because the rest of the norms do not contradict the Constitution. The law is a law; it comes into force, and it performs it. But if someone applies a prohibition to use a car, this person may apply to the Constitutional Court. And, it may be, the CCU recognizes this point as precisely that it does not comply with the Constitution and that it should be abolished.02.07.2018