The protection of the interests of the family and the child in the Republic of Kazakhstan is proclaimed at the constitutional level and enshrined in the provision of Article 27 of the Constitution of the Republic of Kazakhstan. According to this provision of the Constitution of the Republic of Kazakhstan, marriage and family, motherhood, fatherhood and childhood are under the protection of the state. Caring for and raising children is a natural right and responsibility of parents. At the same time, a huge number of violations of the rights of minor children is associated precisely with the process of executing judicial acts on the recovery of alimony, determining their amount, as well as the issues of bringing debtors to criminal liability for evading alimony payments. As of the 1st quarter of 2021 alone, the alimony debt amounted to more than 12 billion tenges, of which about 5 billion tenges are not repaid at all. Article 139 of the Criminal Code of the Republic of Kazakhstan establishes criminal liability for failure to fulfill obligations to pay funds for the maintenance of children. At the same time, the issues of bringing debtors to criminal liability under this article remain problematic. The reasons for this situation are the insufficient effectiveness of the current legislation, the lack of legal mechanisms for regulating the issues of bringing debtors to justice. This is facilitated by such factors as the partial repayment by the debtor of the amount owed on alimony obligations, the lack of legislative consolidation of the concept of «evasion», etc.
| Mualliflar | Aizat Temirova |
|---|---|
| Jurnal | Юридик фанлар ахборотномаси – Вестник юридических наук – Review of law sciences |
| Nashr sanasi | 2022-03-15 |
| Jild | 6 |
| Son | 1 |
| Betlar | 109-116 |
| Til | en |
| DOI | 10.51788/tsul.rols.2022.6.1./qxlz3791 |
DOI: 10.51788/tsul.rols.2022.6.1./qxlz3791 · Maqolaning asl sahifasi · PDF
In this article, the concept of the Civil Service Act is analyzed scientifically and as a result of theoretical and practical research, several proposals and interpretations are presented of the law on administrative…
The article provides a comparative legal analysis of the legislation of the Republic of Uzbekistan and the Republic of Kazakhstan, regarding the observance of the rights of persons with disabilities. The general…
There are various assessments, interpretations, and in many cases contradictory views and ideas about the image of Amir Temur, a multifaceted figure who played a significant role in the history of the peoples of the…
This article reveals various approaches and scientific concepts of human status in the virtual space. The author defends the idea that the formation of legal protection and a special electronic culture takes place in…
This article provides a comparative analysis of the criminal legislation of the Netherlands in terms of consideration of the mitigating factors and criminal defenses. This paper provides an overall exploration of…
This article reveals the content of adversarial principle, which is one of the criminal procedural principles, the essence of its validity in the criminal process at the stages of proceedings in court, as well as its…
The article analyzes the issues of using artificial intelligence and machine learning to ensure the protection of the rights of participants in criminal proceedings. The author argues that machine learning technology…
This article highlights the role of non-governmental organizations specialized in the field of legal education in the United States of America. According to the author, non-governmental organizations provide assistance…
This article reveals the problems of typology and forms, varieties of corruption, which is one of the most acute problems for countries around the world, including Uzbekistan. As the author notes, by now the economic…
This article analyzes legal aspects of the Central Asian water dispute with reference to international water law principles. In other words, it examines the existing principles of international water law, and identifies…
Юридик фанлар ахборотномаси – Вестник юридических наук – Review of law sciences — barcha maqolalar