Certain aspects of allimet accounting and liability for failure to comply with obligations

2020 ◽  
Vol 4 (4) ◽  
pp. 156-160
Author(s):  
Yuliya Us
Keyword(s):  
Child Support ◽  
Legal Practice ◽  
Marriage And Family ◽  
Financial Responsibility ◽  
Positive Side ◽  
Procedure Code ◽  
Minor Children ◽  
The Right ◽  
A Minor ◽  
Family Code

Unfortunately, for ten years now, Ukraine has been the European leader in the number of divorces, as Ukrainians divorce almost twice as often as Europeans. If a couple who have a child divorces, then the person with the maintenance of a minor child also faces the greatest difficulties. There have always been parents in legal practice who were irresponsible in paying child support for their own son or daughter. This person is trying to avoid financial responsibility, so this issue is a huge problem today. Today is characterized by the recognition of women and men as equal persons. According to the Constitution of Ukraine, marriage is based on the free consent of a man and a woman. Each spouse has equal responsibilities and rights in marriage and family. The Constitution of Ukraine states that the right to family, motherhood and fatherhood in our state is protected by the state. In this paper, we will analyze alimony as an object of children's property rights. The article examines the current legislation, the rules of which regulate the procedure for awarding child support and the procedure for enforcement of a court decision on the recovery of child support. The issue of maintenance of minor children is mentioned in the following regulations: Law of Ukraine of 17.05.2017 № 2037-VIII "On Amendments to Certain Legislative Acts of Ukraine to Strengthen the Protection of the Child's Right to Proper Maintenance by Improving the Procedure for Recovery of Alimony"; Family Code of Ukraine of January 10, 2002 № 2947-III; Civil Code of Ukraine of January 16, 2003 № 435-IV; Civil Procedure Code of Ukraine Law of 18.03.2004 № 1618-IV, as well as cases from the unified register of pre-trial decisions, because it is important to analyze the practice of judges of Ukraine on this issue. On the positive side, our state has been actively working to close the gap on alimony payments for the last three years. The article will discuss ways to collect child support and leverage in the event of non-performance or improper performance of child support.

scholarly journals Os alimentos provisionais como efetivação do direito aos alimentos e o sistema de tutelas cognitivas de urgência do Novo Código de Processo Civil (Lei nº 13.105/2015) / The brazilian provisional alimonies as realization of the right to alimony and the summary judgment system of the New Civil Procedure Code (Law 13.105/ 2015)

2016 ◽  
Vol 43 (2) ◽  
Author(s):  
Ana Cristina Alves de Paula ◽  
Edilberto Marassi Basílio Silveira Junior ◽  
Gabrielle Ota Longo ◽  
Yvete Flávio Da Costa
Keyword(s):  
Child Support ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Judgment Type ◽  
Procedure Code ◽  
The Future ◽  
The Right ◽  
Summary Judgment ◽  
Legal Mechanism ◽  
Present Text

Resumo: Este artigo contém uma análise dos alimentos provisionais como mecanismo jurídico-processual eficaz de tutela do direito aos alimentos, no bojo da sistemática processual civil hodierna, não se olvidando de enfrentar as questões advindas da nova disciplina jurídica das medidas de urgência, inaugurada pela Lei nº 13.105/2015 (Novo Código de Processo Civil). Para tanto, o presente texto, em estudo crítico-doutrinário, perscruta, pormenorizadamente a disciplina jurídica atinente aos alimentos provisionais enquanto modalidade de tutela antecipatória, diferenciando-os dos alimentos provisórios. Disserta acerca das desconcertantes indagações oriundas da desregulamentação das tutelas cognitivas de urgência nominadas promovida pela nova codificação, problematizando suas repercussões sobre o instituto dos alimentos provisionais. Propõe, para cada uma delas, sem desprezar a relevância futura dos contributos doutrinários e jurisprudenciais, possíveis soluções, que prezem pela minimização das dificuldades a serem criadas.Abstract: This article analyses the Brazilian provisional alimony/alimony pendente lite as a procedural realization and a legal mechanism of protection for the rights of alimony, palimony, parental and child support in the wake of contemporary Brazilian civil procedural system, not forgetting to address the issues arising from the new summary judgment legal regulation, inaugurated by Law 13,105/2015 (New Civil Procedure Code). For this purpose, the present text, a critically-doctrinal study, scrutinize in detail the legal regulation pertaining to provisional alimonies while Brazilian anticipatory summary judgment type, distinguishing them from Brazilian provisory alimony. It discusses about the perplexing questions arising from the deregulation of nominated summary judgment system, promoted by the new coding, questioning its impact on the institute of provisional alimonies. It proposes, for each of these questions, without neglecting the future relevance of the doctrinal and jurisprudential contributions, possible solutions, which seek minimizing the difficulties to be created. 

scholarly journals ECONOMIC VIOLENCE AS A TYPE OF DOMESTIC VIOLENCE: STATUTORY REGULATION AND THE FIRST EXPERIENCE OF APPLICATION OF THE CRIMINAL LEGISLATION OF UKRAINE

2020 ◽  
Vol 4 (48) ◽  
Author(s):  
Oleksandr Bilovol
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Violence ◽  
The Will ◽  
The Right ◽  
A Minor ◽  
Criminal Legislation ◽  
Economic Nature

The criminal liability for economic violence in Ukraine as one of the types of domestic violence was analyzed in the article. Interpretations of such types of economic violence as intentional deprivation of housing, food, clothes, other property, money and documents or opportunity to use them, leaving without care or guardianship, preventing in receipt of necessary services in treatment or rehabilitation, ban to work, coercion to work, ban to study and also other offenses of economic nature. It was established that the intentional deprivation of housing, food, clothes, other property, money or documents should be understood as conditions under which the victim cannot use this property in full because it has been spent on the guilty person’s own needs, transferred to third parties, destroyed or damaged, etc. It was noted that the relevant property may belong to the offender or the victim. In turn, deprivation of the opportunity to use this property means that the victim is either limited in time to use these items, that is cannot use them constantly, but only for a certain time or with a certain frequency and/or cannot use this property to the extent which deems it necessary. Separation of these types of economic violence from crimes such as abuse of guardianship rights, evasion of alimony payment for child support, evasion of money payment for keeping of disabled parents, and malicious failure to care for a child or a person in custody or care was done. It was stated that committing such a type of economic violence as a ban on work or unlawful force to work, the offender against the will of the victim at his own discretion determines whether the victim has the right to realize his right to work or vice versa to force the victim against his will to work or overwork or perform the work chosen by the offender himself, not the victim. In this case, the aggressor may not work himself at all. This type of economic violence was separated from such crimes provided by other articles of the Criminal Code of Ukraine as the exploitation of children and the use of a minor child for begging. The attention was focused on the fact that the list of types of economic violence for which criminal liability may occur has an open character. This approach of the legislator makes the norm more flexible in application but significantly complicates its interpretation.

scholarly journals ABOUT THE DEFINING OF PARTICULAR FAMILY LEGAL TERMS

2020 ◽  
Vol 6 (3) ◽  
pp. 32-39
Author(s):  
M. V. Andryiashka
Keyword(s):  
Family Members ◽  
Basic Unit ◽  
Marriage And Family ◽  
Marital Relations ◽  
Procedure Code ◽  
The Family ◽  
Close Relationship ◽  
The Republic ◽  
Close Relatives ◽  
Family Code

The article analyzes the key family legal terms family, close relatives, family members, in-laws, former family member, relatives, legally defined by codified normative legal acts. The importance of defi ning these terms is determined due to the fact that the national marriage and family legislation is faced with the task of strengthening the family as a natural and basic unit of society. In the study, a number of conclusions were made and there was made a conclusion that a number of family legal terms need to be corrected. Arguments are given in favor of stating in the new edition of Article 60 of the Code of the Republic of Belarus on Marriage and Family, devoted to the issues of determining subjects that are in close relationship. It is concluded that it is inappropriate to avoid mentioning de facto marital relations in the Marriage and Family Code, while Civil Procedure Code directly mentions them. Using the techniques of comparative studies, the author independently developed a table that refl ects the content of the terms relatives, close relatives, family members, in-laws, former family members, and some others which aredefined out in codified legal sources of the Republic of Belarus.

scholarly journals Prerequsites for the existence of a statutory duty to provide child support to adult children in regular education under Serbian law

2014 ◽  
pp. 747-759
Author(s):  
Bojan Pajtic ◽  
Sanja Radovanovic ◽  
Marko Knezevic
Keyword(s):  
Child Support ◽  
Regular Education ◽  
Coming Of Age ◽  
Natural Extension ◽  
Personal Relationship ◽  
Parental Authority ◽  
Right To Education ◽  
Statutory Duty ◽  
The Right ◽  
A Minor

Even though parental authority ceases to exist with a child?s attainment of adulthood, or earlier if the child obtains legal capacity through emancipation, parenthood, as a personal relationship between the parent and the child, is not limited in time. In essence, it presupposes that parents take care of their children, even once the children have established their own families. This continuing support, both emotional and material, is a natural extension of their personal relationship. When this support is lacking, even though necessary, the state intervenes by providing protection (at least to some extent) in the realization of certain rights even to children who have achieved adulthood. This protection entails, above all, the right to education, since this right normally cannot be fulfilled prior to coming of age. To that end, the law establishes a duty to support a child while in regular education, even if the child is no longer a minor. The purpose of this paper is to determine the meaning of the relevant terms with regard to the existence of the duty to provide child support: regular education and obvious unfairness.

scholarly journals The concept and content of legal responsibility of spouses for failure to fulfill aliment obligations in family law

2021 ◽  
pp. 94-97
Author(s):  
A.M. Buryachenko
Keyword(s):  
Child Support ◽  
Scientific Literature ◽  
Family Law ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Legal Doctrine ◽  
The Family ◽  
The Right ◽  
Family Code ◽  
Relevant Section

In a scientific article, the author conducted a scientific study of the concept and content of legal liability of spouses for non-performance of alimony obligations in family law. Based on the study, the author concluded that the Family Code of Ukraine does not contain a rule on the liability of the obligated spouse for failure to maintain an incapacitated spouse or a spouse in need of maintenance in connection with the upbringing of young children. From the content of Art. 196 of the Family Code of Ukraine, it is not clear whether it applies only to cases of non-performance of child support obligations, as follows from the finding of this rule in the relevant section of the Family Code of Ukraine. It is necessary to agree with the opinion expressed in the legal doctrine on the application of the provisions of Art. 196 of the Family Code of Ukraine for all alimony relations, in this regard, we propose to make appropriate changes to this article. In this case, in case of arrears due to the fault of the spouse, who is obliged to pay alimony by court decision or under the maintenance agreement, the spouse-recipient of alimony has the right to collect a penalty (penalty), and in case of late payment, due to illness or injury of the other spouse due to the payer’s fault, such payer is obliged to pay the amount of arrears at the request of the recipient of expenses, taking into account the established inflation index for the entire period of delay, as well as three percent per annum of the overdue amount. Although Art. 78 of the Family Code of Ukraine defines only three conditions of the spousal maintenance agreement: conditions, amount and terms of alimony, however, as stated in legal doctrine, such a condition as liability for non-performance of the maintenance agreement may also be determined by the parties. Unfortunately, the Family Code of Ukraine does not provide for a contractual procedure for determining alimony obligations to actual and former spouses, in this regard, in the scientific literature it is proposed to supplement the relevant provisions of Art. Art. 78 and 91 of the Family Code of Ukraine. In addition, the legislation of Ukraine in some cases provides for administrative liability for non-payment of alimony for the maintenance of one of the spouses, as well as liability in the form of one of the temporary restrictions set by the Law of Ukraine “On Enforcement Proceedings”.

The Rights of Religious Minorities in Iraq: The Case of the Forced Conversion of Minors

2021 ◽  
pp. 1-25
Author(s):  
Harith Al-Dabbagh
Keyword(s):  
Islamic Law ◽  
Middle Eastern ◽  
Case Law ◽  
Religious Minorities ◽  
Early 21St Century ◽  
Legal Questions ◽  
Conversion To Islam ◽  
Minor Children ◽  
The Right ◽  
A Minor

Abstract Religion raises many legal questions in confessional systems where a minor child is usually assigned the parents’ religion ex officio. In Iraq, as in many Middle Eastern countries, the conversion to Islam of one of the parents results in the conversion of their minor children. For decades, the Iraqi Court of Cassation has granted children the right to choose their religion upon reaching majority. From the early 21st century, the case law of the Court of Cassation has evolved towards denying children this right of option (iḫtiyār). The child is therefore deprived of his/her right to choose and must remain Muslim. In this article, the author criticizes this reversal of jurisprudence and deplores its dire consequences on social peace. After analyzing the teachings of Islamic law and the texts of positive Iraqi law, he concludes that the new trend of the Court of Cassation is ill-founded and flawed.

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

Right to Parental Care

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Law Reform ◽  
Best Interest ◽  
Family Courts ◽  
Custody Of Children ◽  
The Family ◽  
Shared Parenting ◽  
The Right ◽  
A Minor ◽  
And Control ◽  
Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

Chalastospora gossypii in a Maine Coon cat: case report and literature review

2021 ◽  
pp. 104063872110222
Author(s):  
Samantha M. Norris ◽  
Paula A. Schaffer ◽  
Noah B. Bander
Keyword(s):  
Soft Tissue ◽  
Needle Aspiration ◽  
Tissue Mass ◽  
Large Numbers ◽  
Formalin Fixed Paraffin ◽  
Formalin Fixed Paraffin Embedded ◽  
Soft Tissue Masses ◽  
Subcutaneous Mass ◽  
The Right ◽  
A Minor

A 15-y-old castrated male Maine Coon cat was evaluated for an ulcerated soft tissue mass on the right hindlimb that had been observed for 4 mo and had grown rapidly. A 3 × 3 cm soft, raised, amorphous, and ulcerated subcutaneous mass was observed on the lateral right metatarsus. In-house cytology via fine-needle aspiration was nondiagnostic. Incisional biopsy of the mass and further staging was declined, and amputation was elected. The amputated limb was submitted for histopathology, which revealed severe chronic nodular granulomatous dermatitis and multifocal granulomatous popliteal lymphadenitis with large numbers of intralesional fungal hyphae. Fungal PCR and sequencing on formalin-fixed, paraffin-embedded tissue identified Chalastospora gossypii. No adjunctive therapy was elected at the time. The patient has done well clinically 1 y post-operatively. C. gossypii is a rare microfungus found worldwide and is considered a minor pathogen of several plants. To our knowledge, infection by this fungus has not been reported previously in veterinary species. Features in our case are comparable to other mycotic infections. Nodular granulomatous mycotic dermatitis and cellulitis, although uncommon, should be a differential for soft tissue masses in veterinary species; C. gossypii is a novel isolate.

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