Postponement of serving a sentence in the Russian legislation, using the example of Article 82 of the Criminal Code of the Russian Federation
Mission: This article is devoted to the institution of a delay in the norms of the criminal, criminal procedure and the Criminal Executive laws. Methodology: dialectical method, general scientiﬁc and special methods of cognition: system-structural, comparative, concrete sociological, statistical, formal-legal, legal-historical, etc. Conclusions: Despite the fact that there is another reason for the postponement of punishment is as well prescribed in criminal law - in connection with the narcotic disease - narrowness of the topic covered in the article is justiﬁed by its uniqueness. The need for reviewing approaches to determining the duration of punishment suspension is stressed, the characteristics of the grounds for cancellation of punishment suspension are suggested. The ways of improving the legislation are proposed. To form competent and veriﬁed proposals on the improvement of the postponement institute, diﬀerent norms of criminal law, the provisions of the family code were examined, comparative analysis was carried out among countries having a similar institution in the legislation. In connection with the dual nature of the institution of postponement of execution of punishment, it appears as a variant of both conditional conviction and conditional early release from punishment. 1. To solve the problem of too long a period of deferment, which in fact becomes a probationary period for the performance of the duties of the parent, it is suggested that the courts order a conditional sentence, with obligatory decent performance of duties for the education of a minor. 2. The method of calculating the delay for the mother in the case of the birth of a second child should be ﬁxed in the norms of the executive code. It seems to be inhumane to postpone the punishment until the age of 14 by the younger child, leaving the mother under the yoke of monitoring the fulﬁllment of her parental responsibilities. 3. It is recommended to legislatively ﬁx the time when it is necessary to consider the issue of removing the deferral and repaying the criminal record, with a delay many times exceeding the duration of punishment. 4. In order to facilitate and unify the work of the executive bodies, it is necessary to clearly state in the criminal- executive legislation the requirements imposed on the parent during the delay. 5. In the near future, the legal status of the father and his conditions for postponing the sentence should be submitted for legislative consideration, since at the moment unequal requirements to the father and mother in the appointment of a deferral are in line with the principle of humanity enshrined in the Constitution. 6. To resolve disputable issues regarding the father and adoptive parent, add a note: “In the event of a crime committed by a father or an adopter with young children, they may be subject to postponement of serving a sentence”. Scientiﬁc and practical signiﬁcance. Article presents an analysis of realization of requirements (on the basic of criminally-legal principles at appointment of punishment to the women who have committed a crime on the basis of the statistical data, results of the detailed analysis and comparative research of a position of the legislator on a case in point). The grounds have a deep social, economic and legal source, so a suﬃcient analysis is possible only with a detailed examination of the norms of diﬀerent branches of law and spheres of public life. Serious gaps in criminal legal regulation punishment suspension (art. 82 of the Criminal code of the Russian Federation) are revealed, and recommendations for the ways of overcoming them are given.