Prohibition for the sake of rights: new restrictions may be imposed for non-payment of alimony

The Ministry of Justice proposed to tighten measures against malicious alimony defaulters. This was announced by First Deputy Minister Yevgeny Zabarchuk at the St. Petersburg International Law Forum (SPIEF). Among the new restrictions are a ban on the use of "Public Services" and the registration of sole proprietors, the purchase of real estate and cars. Details can be found in the Izvestia article.

New sanctions against child support debtors: what will change in 2025

The Ministry of Justice considers it necessary to impose additional sanctions against non-payers of alimony. It is proposed to prohibit them from using government services, including the Gosuslug portal, and from buying superior tickets for air or rail transport. This follows from the report at the SPIEF of the First Deputy of the Ministry of Justice of Russia Evgeny Zabarchuk at the session "The debt is red in payment. Expanding the instruments of influence on alimony debtors."

In addition, Yevgeny Zabarchuk proposed to ban debtors from entering the state and municipal service, to deprive them of the opportunity to take out loans, except for targeted loans that will be used to repay debts, to purchase real estate, vehicles and "other types of equipment."

"Today we will actively work out a ban on such persons from state registration of legal entities and individual entrepreneurs, a ban on the acquisition of real estate and vehicles, self-propelled vehicles and other types of equipment, a ban on the registration of real estate on state cadastral registration and state registration of rights, a ban on state registration of vehicles, refusal to open a bank account and the implementation of other banking transactions," said a representative of the Ministry of Justice.

Such harsh measures, according to the official, are conditioned by the protection of children's rights. And the Constitution of the Russian Federation allows amendments to legislation in case of violation of the rights and freedoms of citizens.

According to available data, 120 thousand minors currently receive less alimony in Russia. This is 8% of all those who should receive alimony.

"Today, the recovery of alimony is provided within the framework of 92% of enforcement proceedings. At the same time, there are quite a large number of citizens who remain unsecured with alimony — about 120 thousand people. It is very important for us not to stop at the achieved figures. It would seem that 8% (of those who do not receive alimony — Ed.), but the fate of people is behind this, and we are obliged to ensure their rights, which are guaranteed by the Constitution," explained Yevhen Zabarchuk.

The Deputy Head of the Ministry of Justice believes that it is time to "stop playing games" with malicious defaulters and take concrete measures so that the "earth burns under the feet" of violators.

What measures have already been introduced against child support debtors

In Russia, non-payment of alimony provides for civil, administrative and criminal liability. These measures are applied consistently: from the payment of penalties for late payments to imprisonment. However, none of the sanctions exempts from the obligation to fully repay the alimony arrears.

Civil liability occurs if the payer is at least one day overdue in paying alimony. Then, by a court decision, a person must pay penalties in the amount of one tenth of one percent of the amount of unpaid alimony for each day of delay.

In 2024, the Federal Bailiff Service (FSSP) recovered 92 billion rubles from debtors.

If a person does not pay alimony for two or more months without a valid reason, then administrative responsibility begins. It provides for compulsory work of up to 150 hours, arrest for up to 15 days or a fine of 20 thousand rubles with the obligation to pay alimony debts.

Criminal liability will be brought if the violation has been repeated several times. According to the Criminal Code of the Russian Federation, a non-payer of alimony can be sentenced to correctional or forced labor for up to one year, or arrested for up to three months or even imprisoned for a year.

The register of alimony defaulters: What is it when it appears

In addition, starting from May 25, malicious alimony defaulters will be added to a special registry. It will include both those who have been brought to administrative or criminal responsibility, and those who have been put on the wanted list.

According to Dmitry Aristov, director of the Federal Union of Industrialists and Entrepreneurs, at the start the register will contain the names of 190 thousand debtors, while access to the list will be open.

"We are currently actively working on the further development of the registry. It is necessary to make it more efficient, to fill it with effective incentives for the debtor," the Telegram channel of the department quotes Yevgeny Zabarchuk.

International experience in dealing with child support defaulters

In most countries, fines are applied against non-payers of alimony. In Kyrgyzstan, non-payment is criminalized. Belarus also has criminal liability, including actual imprisonment. In addition, in a friendly state, defaulters are restricted from traveling abroad, and if a person does not send alimony within six months, they may be subjected to forced labor.

"If the debtor has changed his place of work or his income has decreased, then the bailiff is involved. In alimony cases, the claimant does not need to initiate proceedings or look for a new place of work for the defaulter. The bailiff remains in control even in the absence of debt," said Anna Karabelnikova, head of the Department for ensuring the activities of the Main Department of Enforcement of the Ministry of Justice of Belarus.