Chokhrii V. Administrative and Legal Foundations of Liability for Non-Payment of Alimony

The dissertation presents general theoretical aspects of administrative liability for non-payment of alimony, provides an administrative-procedural characterization of this type of liability, identifies the problems hindering the development of Ukraine’s administrative legislation in this area, and outlines ways to address these issues, including taking into account foreign experience. Scientific approaches to understanding the genesis of administrative liability for non-payment of alimony are analyzed, and it is proposed to distinguish three periods of its formation in Ukraine: First period (from the era of Kyivan Rus to 1917): characterized by the emergence and formation of alimony legal relations as a distinct category. Second period (1917–1991): marked by the establishment and development of liability for nonpayment of alimony. Third period (from 1991 to the present): characterized by the legislative consolidation of administrative liability, ongoing identification of legal gaps, and improvement of legislative mechanisms for holding debtors accountable. It is emphasized that administrative liability for non-payment of alimony is a relatively new and effective measure aimed at encouraging debtors to fulfill their alimony obligations. However, despite its effectiveness, this mechanism requires revision, elimination of legislative gaps, and further improvement. A framework for the administrative and legal regulation of liability for non-payment of alimony is proposed, defining it as a system of administrative-legal instruments and methods by which the state establishes behavioral norms for alimony payers, coordinates enforcement activities, and oversees compliance with court orders or judicial writs for alimony payments. The ultimate goal of this system is to guarantee and protect the rights, freedoms, and lawful interests of individuals entitled to maintenance. It is determined that an administrative offense related to non-payment of alimony constitutes a socially harmful and unlawful act and/or omission by a natural person that infringes upon another person's right to receive maintenance. The distinguishing characteristics of such an administrative offense include: the presence of an unlawful act (action or omission); ilegality; the subject being a natural person, a participant in family legal relations, who systematically fails to fulfill their maintenance obligations toward a spouse, parents, children, or other dependent family members, particularly after a court ruling (judicial writ) or a notarial enforcement inscription; guilt; administrative punishability; a defined object of the offense, which involves encroachments on the rights of a child, a spouse, parents, or other dependent family members. The dissertation systematizes the participants in administrative offense proceedings related to non-payment of alimony and outlines procedural stages of such proceedings. The procedural framework is refined by defining the stages of administrative liability enforcement, identifying procedural deficiencies, and proposing solutions to eliminate them. It is noted that administrative penalties for non-payment of alimony in the form of socially useful work constitute an integral part of the mechanism for protecting the rights of maintenance recipients. The application of this type of administrative sanction ensures not only the fulfillment of obligations by debtors but also promotes increased responsibility and motivation to comply with maintenance duties while minimizing cases of non-payment. Official statistics and judicial practice regarding the imposition of administrative liability for non-payment of alimony are analyzed, revealing procedural challenges in the enforcement of such cases. Foreign legal frameworks for administrative liability in alimony cases are examined. It is emphasized that in all jurisdictions, the primary focus of alimony law is on ensuring timely payments to secure the well-being and appropriate living standards of the child or other legally entitled persons. Positive trends in integrating foreign regulatory approaches into national legislation are identified. The dissertation formulates original proposals for amendments and additions to Ukraine’s existing legislation, taking into account best foreign practices as well as contemporary challenges and problems in the sphere of alimony law, particularly regarding administrative liability for non-payment of alimony.