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THE NECESSITY TO APPLY THE DEATH PENALTY IN THE RUSSIAN FEDERATION. PROBLEMS AND PROSPECTS

Pishchalnikov Gleb Vyacheslavovich  (National Research University Higher School of Economics, Moscow )

The article examines the current issue of the need to apply the death penalty in the Russian Federation. The author analyzes the historical, legal and ethical aspects of the problem, and also provides arguments for and against its use. The study begins with a historical overview of the death penalty and its development as a punitive measure. In Russia, the death penalty has not been used since 1996, but it has not been completely abolished and remains in the Criminal Code of the Russian Federation and the Constitution of the Russian Federation. The author analyzes the decisions of the Constitutional Court of the Russian Federation, which prohibit the use of the death penalty, and criticizes their justifications. Particular attention is paid to arguments against the use of the death penalty, such as the possibility of miscarriages of justice, the psychological impact on jurors and executioners, as well as inconsistency with the principle of humanism. A justification is given for the possible use of the death penalty in Russia, taking into account a comprehensive and comprehensive consideration, improving the mechanisms of its application, ensuring humane methods of its execution and considering it as a last resort punishment for especially serious crimes.

Keywords:Constitutional Court of the Russian Federation, moratorium, death penalty, effective implementation, goals of criminal punishment, principle of humanism, crime prevention

 

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Citation link:
Pishchalnikov G. V. THE NECESSITY TO APPLY THE DEATH PENALTY IN THE RUSSIAN FEDERATION. PROBLEMS AND PROSPECTS // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2024. -№03. -С. 136-141 DOI 10.37882/2223-2974.2024.03.24
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