RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 26, 2017 No. 56

About application of the legislation by courts by hearing of cases, the alimony connected with collection

The maintenance obligations established by the Family code of the Russian Federation are aimed at providing the living conditions necessary for development, education and education of minor children, and also at content provision to other family members needing material support.

For the purpose of ensuring unity of practice of application by courts of the legislation in case of the dispute resolution, the alimony connected with collection, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

General provisions

1. The bases of origin and the termination of maintenance obligations, and also the list of persons having the right to the alimony, and persons obliged them to pay, payment procedure and penalties of the alimony and other relations connected with establishment and execution of maintenance obligations are regulated by the Family code of the Russian Federation (Section V).

According to provisions of the Family code of the Russian Federation (further - the IC RF) the alimony is paid by agreement of the parties (Chapter 16 IC RF), and in the absence of the agreement on payment of the alimony the family members specified in Articles 80 - 99 IC RF having the right to take a legal action with the requirement about collection of the alimony (Article 106 IC RF).

In case of permission of question of patrimonial cognizance of cases on the disputes connected with collection of the alimony it is necessary to be guided by the general rules established by articles 23 and 24 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation).

Owing to Items 1 and 4 of part 1 of article 23 CCP of the Russian Federation of case on collection of the alimony, and also other cases on the disputes connected with collection of the alimony (for example, about change of the size of the alimony, about exemption of the alimony, about penalty in connection with untimely payment of the alimony), are considered by the magistrate judge as Trial Court.

If along with the requirement connected with collection of the alimony cognizable to the magistrate judge, the requirement, cognizable is told district court (for example, paternity proof or motherhood, deprivation of the parent rights or restriction of the parent rights), such cases according to part 3 of article 23 CCP of the Russian Federation are subject to consideration by district court. The district court considers also as Trial Court cases on claims for change, on termination or recognition invalid agreements on payment of the alimony.

2. Proceeding from sense of Item 3 of part 3 of article 29 CCP of the Russian Federation the rule about alternative cognizance of recovery suits of the alimony and about paternity proof (possibility of presentation of claims for the residence of the defendant or for the residence of the claimant) extends as to cases when the requirements called above are declared at the same time, and on cases when the independent requirement about collection of the alimony by any person belonging to the group of people, having by law the right to the alimony is declared, or it is shown for the benefit of such person (for example, the recovery suit of the alimony for the minor child is made by his parent) (Article 80 - 99 IC RF).

Proceeding from analogy of the law (part 4 of article 1 CCP of the Russian Federation) the rule about alternative cognizance is applied also to the recovery suit of the alimony and about establishment of motherhood.

Claims of persons from which the alimony for minor children or other family members is collected (for example, about change of the size of the alimony established by court or about exemption of the alimony, about exemption of debt on the alimony) according to article 28 CCP of the Russian Federation are jurisdictional to court at the place of residence of the defendant (claimant).

3. Requirements about collection of the alimony, cognizable to the magistrate judge, are permitted by the magistrate judge according to the procedure of mandative production (Chapter 11 of the CCP of the Russian Federation) or according to the procedure of claim production (Chapter 12 of the CCP of the Russian Federation).

According to the paragraph of article 122 CCP of the Russian Federation the judge has the right to issue the fifth the writ if the requirement about collection of the alimony for minor children which is not connected with paternity proof, contest of paternity (motherhood) or need of involvement of other interested persons is declared. Based on the writ the alimony for minor children in firm sum of money as the solution of this question is integrated to need of verification of presence or lack of circumstances with which the law connects possibility of such collection cannot be collected (Article 83, item 4 of Article 143 IC RF).

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