Aliment fund as legal protection of children left without maintenance (financial and legal aspect)

 
PIIS102694520020478-6-1
DOI10.31857/S102694520020478-6
Publication type Article
Status Published
Authors
Occupation: chief researcher, Head of the Administrative Law and Administrative Procedure Sector
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Occupation: Leading researcher of the sector of Administrative Law and administrative process of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 6
Pages122-130
Abstract

In the Russian Federation, family and children are recognized as the highest value of the state and are under its protection. Children are the most important priority of the state policy of the Russian Federation. Demographic problems, including problems of childhood and family, are under the close attention of the President of the Russian Federation. Building a long-term policy of family support, the President of the Russian Federation proceeds from the fact that it is necessary to take into account specific life situations and the difficulties faced by an incomplete family. Children left without parental care have the right to count on state support and financial assistance. Giving priority to family education, if necessary, the State assumes the responsibilities of parents in relation to children left without care. In necessary cases, each State guarantees social security for the upbringing of children, for example, if one of the parents evades his duties for the upbringing and maintenance of his child, does not fulfill his alimony obligations and in other cases established by law. The legislation establishes the legal regime of alimony obligations, as well as legal guarantees of their fulfillment. At the same time, the issues of legislative implementation of the construction of the alimony obligation have not yet lost their relevance, since it has not yet been possible to remove the severity of the problem of avoiding payment of alimony for the maintenance of minor children. The article deals with the problem of the expediency of creating an alimony fund in the Russian Federation. Based on the analysis of similar experience in solving this problem in foreign countries, the law enforcement practice that previously existed in the USSR, the authors present arguments in favor of the State Alimony Fund. In conclusion, the conclusions and suggestions relevant to the study are given.

Keywordsstate family policy, social security, guarantees, upbringing and maintenance of children, children, alimony, parental responsibility, maintenance obligations, maintenance fund, enforcement proceedings
Received17.01.2022
Publication date20.06.2022
Number of characters32215
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