Balancing the interests of justice and family protection: the criminal law nature and application issues of sentence deferral

The article examines the legal mechanism of sentence deferral provided for in Article 82 of the Criminal Code of the Russian Federation. The effectiveness of this institution is assessed in terms of the humanization of criminal policy and the protection of the rights of the child. The conditions and grounds for granting deferral are analyzed, and the limitations hindering its broader application in judicial practice are identified. It is substantiated that the current legal regulation does not fully comply with the principle of the best interests of the child, enshrined in international and constitutional legal acts. Arguments are presented in favor of an individualized approach to the application of sentence deferral, especially in cases where the offense is non-violent and does not pose a public danger. It is concluded that legislative improvements are needed to expand the list of categories of convicted persons eligible for deferral and to strengthen judicial oversight mechanisms over its implementation. Specific directions for reforming the sentence deferral institution are proposed to ensure more effective achievement of the goals of criminal liability and protection of the rights of minors.