INSTITUTION OF CRIMINAL LIABILITY FOR EVASION FROM PAYMENT OF FUNDS FOR MAINTENANCE OF DISABLED PARENTS IN ACCORDANCE WITH PRESENT PENAL LAW NORMS OF ROMANO-GERMANIC LEGAL SYSTEM STATES
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 57, Issue 3
Abstract
The author of this article, through referring to effective sources of the present penal law of states which jointly represent separated, relatively holistic, and relatively enclosed Romano-Germanic le- gal system and belong to different geographical and cultural and civilization world areas, considers the content of those penal and legal norms which provide a penalty for conscious and malicious then objectively criminal evasion from payment of funds for maintenance of disabled parents. The author reveals, adduces, and analyses integral and important, both common and individual-distinctive elements which are native to the considered penal law norms of a wide range of Romano-Germanic legal system states. The conclusion is that in the modern criminal law states Romanesque-Germanic legal family there is the presence of a slightly different and common approaches to criminalization act of wilful, deliber- ate, objectively criminal evasion of funds for the maintenance of disabled parents. Fundamental differences between the various rules of national criminal law states Romanesque- Germanic legal family is isolation or, on the contrary, it is the isolation of disabled parents with a range of disabled, wheelchair, socially vulnerable persons; anyway, the relevant criminal law under consideration states operate more or less precise term «person who has the potential offender by law or judicial decision and other court is obliged to provide financial maintenance». There is a more or less clear specification of features and components of the subject and the object of the offense and the conditions for its implementation.
Authors and Affiliations
Serhiy Degtjarev
Keywords
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