Criminal liability for non-payment of alimony

Article 174 of the Criminal Code of the Republic of Belarus provides for criminal liability for parents evading child support or reimbursement of expenses incurred by the state for the maintenance of children under state care.

Reviewing criminal cases under this article in court, one is amazed at how easily parents abandon their little ones, leaving them to fate for various reasons. Some fall prey to the "Green Serpent" (alcoholism), while others are simply incapable of loving the little being they themselves brought into the world. In court, they actively resist and refuse to pay for the maintenance of their own children, indifferent to their fate, not worrying about whether their child ate today or what they are wearing. Unfortunately, such people are concerned only with their own ego. They never look their child in the eye, perhaps fearing to see the terrible pain there. But the most heartbreaking and sometimes incomprehensible thing is that, despite everything, their children love them, sincerely and unconditionally, as only children can, with all their soul and heart. Children cry bitterly when child protective services take them away from an intoxicated mother. They want to be only with her and no one else, regardless of how she looks today or what her condition is. They forgive her everything, even when she pays them no attention, they LOVE.

For example, Kristina Nesvizh (surname and name changed by the author), a native of Vitebsk, who was obligated by a court order of the Zheleznodorozhny District Court of Vitebsk to reimburse expenses to the budget for the maintenance of her minor daughters, monthly until the grounds for recovery cease, in the amounts and proportions established by the Government of the Republic of Belarus, and employed as a liable person according to the court order, evaded work for ten or more days within 3 months. This led to the incomplete fulfillment of obligations to reimburse expenses incurred for the maintenance of children under state care.

Kristina had previously been convicted for evading reimbursement of expenses incurred by the state.

for the maintenance of children in state care. But apparently, she did not draw the proper conclusions for herself, continued a dissolute lifestyle, and did not visit her children.

By the verdict of the court of the Zheleznodorozhny district of Vitebsk, Nesvizh Kristina was sentenced to imprisonment for a term of 1 year and 3 months, to be served in a correctional colony under a general regime. In accordance with Part 1 of Article 107 of the Criminal Code of the Republic of Belarus, compulsory treatment for alcoholism was applied to her.

Also, in February 2017, the court of the Zheleznodorozhny district of Vitebsk considered a criminal case on the accusation of Morkovkin Artem (surname and name changed by the author) of committing a crime provided for by Part 1 of Article 174 of the Criminal Code of the Republic of Belarus, according to which, by court decision, he was obliged to pay alimony for the maintenance of his minor daughter, in the amount of 25% of all types of earnings. However, Morkovkin, knowing his obligations to pay alimony, did not work, evaded alimony payments for more than three months within a year, did not pay funds for the maintenance of his daughter, did not engage in child-rearing, and did not provide any other material assistance for the child's maintenance. By the verdict of the Zheleznodorozhny district court, Morkovkin Artem was found guilty of evading for more than three months within a year the payment of funds for the maintenance of a minor daughter under a court order, and he was sentenced to 200 hours of community service.

Assistant to the Vitebsk Transport Prosecutor
Class 1 Lawyer E.V. Yanchilenko