Buryachenko A. Liability for non-fulfillment of the obligation to provide maintenance in family law

The work developed the concept of the modern understanding of the institution of the responsibility of the subjects of family relations for failure to fulfill the obligation to provide maintenance, the identification of the main theoretical and applied problems of this family law institution, as well as the formation of scientific conclusions and proposals regarding the improvement of current family legislation in this field of research. The paper analyzes the theoretical and legal problems of the institute of responsibility for non-fulfillment of the obligation to provide maintenance in family law; the concept and legal nature of parents' responsibility for failure to fulfill the obligation to support minor children, adult disabled children is clarified; the procedure for collecting a penalty as a way of protecting the child's rights to support was investigated; the procedure for bringing parents to justice for failure to fulfill the obligation to maintain a child has been clarified, including non-property liability; the procedure for bringing children, grandchildren, and spouses to justice for failure to fulfill the obligation to provide support for their disabled parents, grandmother, grandfather, other spouse was investigated, as well as the specifics of the responsibility of other subjects of family legal relations were revealed; proposed scientific substantiated proposals for improving the norms of family legislation, which regulate the issue of the responsibility of the subjects of family relations for failure to fulfill the obligation to provide maintenance. For the first time it is proposed in the dissertation: 1) the concept of «obligation to provide maintenance» is defined as a special type of family relationship, according to which one of the participants in family relations (the debtor) by virtue of the provisions of family legislation or the contract is obliged to provide maintenance in kind or in cash to another participant in family relations (the recipient), and the recipient of the maintenance has the right to demand from the debtor the fulfillment of his obligation, including in a court order or through the use of a notary's executive inscription; 2) the concept of «responsibility for non-fulfillment of the obligation to provide maintenance» is defined as measures of influence on a person who is obliged to provide maintenance established by family legislation or a contract, however, did not fulfill or improperly fulfilled its obligation to provide maintenance, which is expressed in property consequences unfavorable to the debtor and/or consequences of a non-property nature, manifested in the restriction of a number of family and other rights of the person