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Kuznetsov E.N. Indirect Measures of Compulsion of the Debtor to Pay Arrears of Maintenance Obligations

DOI: https://doi.org/10.15688/lc.jvolsu.2018.4.20

Evgeniy N. Kuznetsov, Candidate of Sciences (Jurisprudence), Associate Professor of Department of Civil Procedure, Ural State Law University, Komsomolskaya St., 21, 620137 Ekaterinburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

https://orcid.org/0000-0001-7787-0328


Introduction: the article deals with some problems of the Russian enforcement proceedings in cases related to the payment of alimony. The high social significance of the system of meeting alimony obligations is determined. The statistical reporting of activities of the Russian law enforcement bodies showing the existence of significant problems in the analyzed sphere is given. The purpose of the work is to propose the creation of a system of measures of indirect compulsion of the debtor to perform his duties. The tasks are the problem statement, the identification of the public importance of the problematics, the analysis of the statistical data, and the offer of the problem solving techniques by means of the active use of measures of indirect compulsion of the debtor to meet his/her maintenance obligations. The statistical and system-logical methods of research are used. Results: the specific measures of indirect compulsion of the debtor in order to improve the efficiency of the Russian enforcement proceedings in alimony cases are proposed, the idea of the importance of creating a situation, in which to have the status of the debtor, especially on maintenance obligations, will be extremely disadvantageous for any citizen, is formulated. Conclusions: it is proposed to create a system of restrictions on the rights of the debtor, in the implementation of which the state is involved, including a systematic restriction of a number of rights of debtors on maintenance obligations, the right to register real estate, the right to marry or dissolve marriage, to hold certain positions, restrictions on the disposal of funds available in the accounts of the debtor, restrictions on the use of the system of railway and air transport, the termination of the right to receive tax deductions and benefits, any social benefits, the prohibition on renewal of the passport of the citizen of the Russian Federation, the foreign passport, the driver’s license, the birth certificate of the child and so on.

Key words: enforcement proceedings, socially important activities, family legal relationship, child support, alimony, executor.

Citation. Kuznetsov E.N. Indirect Measures of Compulsion of the Debtor to Pay Arrears of Maintenance Obligations. Legal Concept, 2018, vol. 17, no. 4, pp. 141-147. DOI: https://doi.org/10.15688/lc.jvolsu.2018.4.20

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