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Criminally-legal characteristic of malicious evasion of child support parents
Uploaded: 12.06.2007
Content: 70612132044037._157_______.doc 326 kB
Product description
Criminally-legal characteristic of malicious evasion from payment of means for the maintenance of children and disabled parents (Art. 157 of the Criminal Code)
(Thesis, 2006)
Table of contents
Introduction 3
1. Criminal-legal characteristic of malicious evasion of payment of the parent by the court of maintenance for minor children as well as disabled children who have reached eighteen years of age (Art. 1, Art. 157 of the Criminal Code) 7
1.1. The history of the development of domestic legislation on criminal responsibility for crimes against the family and minors 7
1.2. Objective evidence of an offense under Part. 1 tbsp. 157 of the Criminal Code 13
1.3. The subjective elements of a crime under Part. 1 tbsp. 157 of the Criminal Code 40
2. Criminally-legal characteristic of malicious evasion of able-bodied adult children from paying court decision means for the maintenance of disabled parents (Art. 2, Art. 157 of the Criminal Code) 44
2.1. Objective evidence of an offense under Part. 2 tbsp. 157 of the Criminal Code 44
2.2. The subjective elements of a crime under Part. 2 tbsp. 157 of the Criminal Code 54
Conclusion 58
References 62
Additional information
References
1. The UN Convention on the Rights of the Child (ratified by the Supreme Soviet of the USSR June 13, 1990). - M., 2001.
2. The Constitution of the Russian Federation (adopted by national referendum 12 December 1993) // the Russian newspaper. December 25, 1993
3. Criminal Code of June 13, 1996 N 63-FZ (rev. And ext. May 27, June 25, 1998, February 9, 15, March 18, July 9, 1999 9 March 20 , June 19, August 7, November 17, December 29, 2001, 4, March 14, May 7, June 25, 24, July 25, October 31, 2002, March 11, April 8, 4, 7, July 8 December 2003 21, July 26, December 28, 2004, July 21, December 19, 2005 January 5, 2006) // SZ the Russian Federation. 1996. №25. Art. 2954.
4. The Family Code of the Russian Federation dated December 29, 1995 №223-FZ (as amended on November 15, 1997, June 27, 1998, January 2, 2000 August 22, December 28, 2004) // SZ Russian Federation. 1996. №1. Art. 16.
5. The Civil Code of the Russian Federation: the first part of November 30, 1994 N 51-FZ, the second part of January 26, 1996 N 14-FZ and the third part of 26 November 2001 N 146-FZ (as amended on 26 January February 20, August 12, 1996 October 24, 1997, July 8, December 17, 1999, April 16, May 15, November 26, 2001, March 21, 14, 26 November 2002 10 January, March 26, November 11, December 23, 2003, June 29, July 29, 2, 29, December 30, 2004, March 21, May 9, 2, 18, 21 July 2005, 3 January 2006 .) (Part II) // SZ the Russian Federation. 1994. №32. Art. 3331; 1996. № 5, Art. 410; 2001. №49. Art. 4552.
6. Federal Law of December 8, 2003 N 162-FZ "On amendments and additions to the Criminal Code of the Russian Federation" (rev. And ext. On March 11, 2004 January 5, 2006) // SZ the Russian Federation . 2003. № 50. Art. 4848
7. Federal Law of 24 July 1998 N 124-FZ "On Basic Guarantees of the Rights of the Child in the Russian Federation" (rev. And ext. Of 20 July 2000, 22 August, 21 December 2004) // SZ Russian Federation. 1998. №31. Art. 3802.
8. Federal Law dated November 24, 1995 N 181-FZ "On Social Protection of Disabled Persons in the Russian Federation" (as amended on July 24, 1998, January 4, July 17, 1999 May 27, 2000, June 9 August 8, 29, on December 30, 2001, May 29, 2002, January 10, October 23, 2003 August 22, December 29, 2004 December 31, 2005) // SZ the Russian Federation. 1995. N 48. Art. 4563.
9. The Federal Law of 17 December 2001 N 173-FZ "On labor pensions in the Russian Federation" (as amended on July 25, on December 31, 2002, November 29, 2003, June 29, August 22, 2004, February 14, 2005) // SZ the Russian Federation. 2001. N 52. Art. 4920.
10. Federal law of December 15, 2001 N 166-FZ "On State Pensions in the Russian Federation" (as amended on July 25, 2002, June 30, November 11, 2003, May 8, August 22, 2004 ) // SZ the Russian Federation. 2001. N 51. Art. 4831.
11. Russian Federation Government Resolution dated July 18, 1996 N 841 "On the list of wages and other income from which the withholding child support for minor children" (as amended on May 20, 1998 and August 8, 2003, February 6 2004) // SZ the Russian Federation. 1996. N 31. Art. 3743.
12. Russian Federation Government Resolution dated August 13, 1996 N 965 "On recognition of disabled people" (as amended on September 21, October 26, 2000, December 16, 2004 February 1, 2005) // SZ the Russian Federation. 1996. N 34. Art. 4127.
13. FES RF of March 30, 1993 N P-7-10-307 "On the procedure for alimony enforcement documents transmitted for the production of collecting the bodies of state employment service" // Russian News. May 6, 1993 N 86.
14. Letter from the State Tax Service of the Russian Federation of July 31, 1997 N CG-6-19 / 559 "On hold with the maintenance of monetary compensation issued to replace food rations" // financial newspaper. 1997. N 34.
15. Law of the Tomsk region of 26 August 2002 N 68-OZ "On Basic Guaran