The accused P. D. who was brought to criminal responsibility for non-payment of alimony, turned to the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) with a request to mitigate the imposed punishment.

It was established that by the verdict of the Bekabad District Court for criminal cases of November 2023, the applicant P.D. was found guilty under Part 1 of Article 122 of the Criminal Code of the Republic of Uzbekistan, sentenced to 1 year of imprisonment, and removed from the courtroom under arrest.

The applicant stated in his application that his alimony debt is currently fully repaid. This appeal was taken under the control of the Ombudsman, and with regard to the defendant P.D., the Ombudsman’s conclusion on the imposition of a punishment not related to deprivation of liberty was submitted to the court.

By the decision of the appellate instance, the criminal collegiate bench of the Tashkent Regional Court, dated February 5, 2024, the defendant P.D. was sentenced to 2 months and 15 days of imprisonment, and he is currently at home with his family.

It is worth noting that in 2023, the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) received about 300 complaints regarding the recovery of alimony. This number increased by 17.8% compared to 2022. As a result of studying these appeals, the Ombudsman ensured the collection of alimony payments amounting to 80.7 million soums for the support of minor children of women.

Also, as a result of the Ombudsman’s appeals to the relevant government agencies, administrative punishment in the form of 15 days’ imprisonment was imposed on 5 individuals evading the payment of alimony, and in 3 cases, the debtors were subjected to administrative detention.

It is important to remember that according to Article 77 of the Constitution of the Republic of Uzbekistan, parents and those substituting them are obliged to care for their children until they reach adulthood, ensuring their upbringing, education, and healthy, full, and harmonious development.

In accordance with Article 474 of the Code of Administrative Offenses, individuals who fail to timely pay child support may face punishment in the form of up to 15 days of imprisonment or a fine of 20 times the minimum wage, as well as mandatory community service for up to 120 hours.

A person who commits an offense for the first time is exempt from liability if they voluntarily repay their child support debt during the consideration of the administrative offense case. Failure to fulfill the obligation to pay child support even after administrative penalties have been imposed on the debtor is grounds for criminal liability.