THE HUMAN RIGHT TO LIFE AND THE DEATH PENALTY IN ACTS OF CONSTITUTIONAL JUSTICE

Abdullaev Abdulkeram Maksimovich

The issue of practical benefits, political possibility and legal admissibility of the resumption of the death penalty in today's realities is particularly acute. The main purpose of the work was to analyze the acts of constitutional justice regarding the moratorium on the death penalty, the forecast of the future fate of this type of punishment in the Russian legal system and possible issues that may arise in connection with the lifting of the moratorium. The methods are determined by the specifics of legal research and include generalization, analysis, induction and the formal dogmatic method. Results: a conclusion was made about the illegitimacy of the decision of the Constitutional Court on the actual abolition of the death penalty, albeit in the format of an indefinite moratorium, since the Court has jurisdictional, not legislative powers. The conviction of a number of jurists that a moratorium on the death penalty, based on two decisions of the Constitutional Court, adopted in 1999 and 2009, will stand in the current political and social conditions, seems illusory to us. A thesis has been put forward about the fundamental legitimacy of the death penalty, even if it is mitigated by a ban or restriction on its execution. A number of issues have been identified that will require constitutional control in the event of the lifting of the moratorium.

Keywords:death penalty, right to life, criminal law, decisions of the Constitutional Court, moratorium on the death penalty, transgender rights