Legal nature of liability of subjects of family legal relations for non-fulfillment of the obligation to provide maintenance: on the issue of content and relationship

Abstract

In the scientific article the scientific research of the concept of responsibility of separate subjects of family legal relations for non-fulfillment of the obligation to provide maintenance, carrying out its comparative analysis in terms of responsibility of parents, children, spouses, other participants of family relations is carried out. In particular, it is determined that the legal liability of family law entities for failure to provide maintenance in accordance with family law of Ukraine applies in part to all entities on general grounds in the case of a significant amount of debt (fine under Part 14 of Art. 71 of the Law of Ukraine "On Enforcement Proceedings", additional temporary restrictions, defined in Part 9 of Article 71 of the Law of Ukraine "On Enforcement Proceedings", administrative liability, defined in Article 183-1 of the Code of Ukraine on Administrative Offenses), and to certain entities (liability under Article 196 of the Family Code of Ukraine, which applies only to parents; criminal liability for malicious evasion of child support for children and disabled parents; sanctions provided by the family contract). In addition, for malicious evasion of parents from the maintenance of minors or disabled children who are dependent on them, and alimony obligations of adult children to incapacitated parents, then if they evade the payment of court funds for the maintenance of incapacitated parents, they may be criminally liable in accordance with Art. 164 and 165 of the Criminal code of Ukraine.

Liability in the maintenance obligation also occurs in the presence of inappropriate behavior in family relations, which leads to the loss of the right to maintenance of the spouse, stepdaughter, stepson, as well as in cases where the mother and father evaded their parental responsibilities. Courts must decide on deprivation of the right to maintenance for these reasons, taking into account the individual characteristics of certain family relationships.