Problems of a Regulation of Norm on a Serving Sentence Delay to the Persons Having Juvenile Children
Article is devoted to a research of some problematic issues of a regulation of standard of Article 82 of the Criminal Code of the Russian Federation. Doctrinal approaches to definition of the legal nature of a delay of serving sentence are considered and the conclusion is drawn that it is other measure of criminal character which represents a special type of test at which potential execution of a sentence is put into dependence on observance by the convict in the period of a delay of duties of the family and legal or medico-social nature. Suggestions for improvement of standard of Article 82 of the Criminal Code of the Russian Federation regarding failure to provide a delay by the convict who committed crimes in the conditions of dangerous or especially dangerous recurrence, updating of the list of corpora delicti of terrorist orientation at which commission the delay of serving sentence is not granted, etc. are proved.