The lawyer explained the consequences of evading court decisions on children
In Russia, responsibility for non-enforcement of court decisions on the child's place of residence and the procedure for communicating with him may be tightened. On January 27, Victoria Shakina, lawyer, Candidate of Law, Managing Partner of ICA Jurcity, Deputy Chairman of the Commission on Social and Economic Issues of the Russian Bar Association, told Izvestia about the current norms and possible changes.
According to her, such violations are now regulated by Part 2 of Article 5.35 of the Administrative Code of the Russian Federation. For the first failure to comply with a court decision, a fine of 2 thousand to 3 thousand rubles is provided, and for repeated violations — from 4 thousand to 5 thousand rubles, or administrative arrest for up to five days.
However, the State Duma is considering a bill that suggests a significant increase in sanctions. According to the initiative, the fine for the first violation can range from 5,000 to 10,000 rubles, and for repeated violations — from 15,000 to 20,000 rubles, or arrest for up to five days. According to the expert, the purpose of the proposed changes is to enhance the preventive effect of punishment, since the current fines, established back in 2011, according to the developers, no longer have a sufficient deterrent effect.
"The process of identifying violations and bringing to justice, traditionally, does not change, remains the same and consists of the following: the availability of an executive document. A mandatory condition is a judicial act that has entered into force (a court decision or a ruling issued before the case is resolved on the merits), which establishes the child's place of residence or a specific procedure for communicating with him (days, time, place of meetings). This document (the writ of execution) is the basis for compulsory execution," the lawyer explained.
Based on this document, the second parent applies to the Federal Bailiff Service, where enforcement proceedings are initiated. If the court's decision is not enforced, the bailiff conducts an inspection and draws up a report on an administrative offense. Such cases are considered, as a rule, by the commissions for juvenile affairs and the protection of their rights at the place of residence of the violator, they are the ones who decide on the imposition of a fine.
In addition to administrative liability under Article 5.35 of the Administrative Code of the Russian Federation, systematic disregard of the bailiff's requirements may entail additional legal consequences. As the lawyer noted, in some cases, the court has the right to change the place of permanent residence of the child in favor of the second parent, whose rights are violated. Malicious obstruction of communication can also be considered as grounds for restricting or depriving parental rights, since such actions can be regarded as a deliberate violation of the interests of the child.
Shakina stressed that there is no universal set of responsibility measures in such situations. Each case requires an individual approach, and the choice of a legal strategy depends on the totality of specific circumstances and the behavior of the parties.
The newspaper Kommersant reported on January 27 that the State Duma plans to toughen penalties for parents who hide their children's whereabouts from other relatives and prohibit communication. Amendments are planned to be made to Article 5.35 of the Administrative Code of the Russian Federation ("Failure by parents or other legal representatives of minors to fulfill their responsibilities for the maintenance and upbringing of minors"), which currently provides for a fine of 2-3 thousand rubles, in case of repeated violation — 4-5 thousand rubles or administrative arrest for up to five days.
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