THE DEATH PENALTY AS AN EXTREMELY (EXCLUSIVE) MEASURE OF PROVIDING THE INTERESTS OF THE SECURITY OF THE PERSON, SOCIETY AND THE STATE IN MODERN RUSSIA Cover Image

СМЕРТНАЯ КАЗНЬ КАК КРАЙНЯЯ (ИСКЛЮЧИТЕЛЬНАЯ) МЕРА ОБЕСПЕЧЕНИЯ ИНТЕРЕСОВ БЕЗОПАСНОСТИ ЛИЧНОСТИ, ОБЩЕСТВА И ГОСУДАРСТВА В СОВРЕМЕННОЙ РОССИИ
THE DEATH PENALTY AS AN EXTREMELY (EXCLUSIVE) MEASURE OF PROVIDING THE INTERESTS OF THE SECURITY OF THE PERSON, SOCIETY AND THE STATE IN MODERN RUSSIA

Author(s): A. Korobeev
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
Published by: Бургаски свободен университет
Keywords: death penalty; moratorium; human rights; personal security; the right to life

Summary/Abstract: The death penalty is not just a criminal punishment, it is also a relatively independent criminal law phenomenon that has a foreign policy significance and has a significant impact on the consciousness of society. Acting as punishment with the maximum possible penalty, it is a concentrated expression of the question of the relationship between the state and the individual. Applying the death penalty, the state maximally invades the personal sphere. At present, it should be recognized that the question of the death penalty has become political: the state's attitude to this type of punishment is becoming an international legal standard that assesses the democratic nature of the political and legal system of the state.The special political and legal significance of the institution of the death penalty predetermines the need to analyze the constitutional requirements for this punishment and the adequacy of their implementation in the criminal law. The article deals with the question of the application of the death penalty in the criminal policy of the Russian Federation in the conditions of the moratorium. The author pays attention to the issues of expediency of preserving this type of punishment in the Criminal Code, as well as how this preservation affects the interests of society and the state.

  • Issue Year: XXIV/2017
  • Issue No: 1
  • Page Range: 87-94
  • Page Count: 8
  • Language: Russian