Н.Н. Тарусина

FORMAL AND LEGAL ASSUMPTIONS ABOUT OVERCOMING THE MORATORIUM ON THE DEATH PENALTY

Authors

Н.Н. Тарусина

Keywords:

death penalty, moratorium, constitutional and legal assessment, new circumstances, overcoming, return to discussion

Abstract

The object of the study is the legal norms (constitutional, conventional, criminal law) on the death penalty as an exceptional measure of punishment, as well as the legal positions of the Constitutional Court of the Russian Federation and doctrinal provisions on this issue. The aim of the work is to substantiate the possibility of returning to this type of punishment in Russian law enforcement within the framework of the current legislation. The methodological basis of the study was the dialectical method of cognition of social and legal phenomena, general scientific, interdisciplinary, as well as specialized methods of legal science. The author's position is formulated that, from a formal legal point of view, overcoming the moratorium does not require the adoption of a new constitution - it is enough to request an authorized subject to the Constitutional Court of the Russian Federation, since the latter's definition of the indefinite nature of this moratorium does not prevent this (in the corresponding in the judgment of the Court, questions of criminal law were not discussed) or the decision of the State Duma of the RF

FORMAL AND LEGAL ASSUMPTIONS ABOUT OVERCOMING THE MORATORIUM ON THE DEATH PENALTY