Kirindiasov M. Criminal liability for evasion of maintenance for incapacitated parents (Article 165 of the Criminal Code of Ukraine)

The dissertation is devoted to the peculiarities of criminal liability for evasion of maintenance for incapacitated parents, which is one of the widespread criminal offenses, that is a clear example of socially dangerous and morally unacceptable neglect of a person / citizen of their natural, fundamental social and moral ethical responsibilities, the commission of which reproduces the age-maturity and socio- psychological dimension of the personality of the potential offender. The author notes that among a number of reasons of criminal law, criminological and other nature, which actualizes the urgent, constant necessity and obvious rationality of criminalization of this act, the most important, undoubtedly, is the relatively high probability of a number significant threats to life, safety and health of the parents. The author gives his own vision of objective and subjective signs of the crime provided by Art. 165 of the Criminal Code of Ukraine, some definitions have been improved. It is concluded that malicious and deliberate evasion of payment for the maintenance for incapacitated parents contains obvious signs and components of the concepts of criminal acts and criminal consequences, despite the fact that such evasion often does not occur this or that active and deliberate criminal encroachment on life, health and the physical integrity of potential victims of such offenses - incapacitated parents, disabled parents, etc. Such evasion is subject to criminal prosecution and punishment, even if it can be mediated solely by such behavioral factors as complete indifference, lack of proper attention to incapacitated parents, irresponsible treatment of them, and not deliberate malice and criminal intent. Keywords: criminal liability, incapacitated parents, offence, malicious evasion, helplessness, penalty, probation, alimony obligations, punishment.