Ivanov A.V. The problems of abolition of the death penalty in Russia in the context of international obligations

Abstract: The author examines the question of establishment of abolition of death penalty within international law, which in his opinion corresponds with the main principle of respect of the human rights and fundamental freedoms, as well as acknowledgment of the absolute right to life. A claim is made that one of the substantial conditions for invitation of Russia to join the European Council was the condition of abolition of the death penalty, but Russia yet to ratify the Protocol No. 6, did not take actions towards complete abolition of the death penalty, thus the issues of application of death penalty as a form of criminal punishment continues to maintain its relevance. Such situation would seem to contradict both, Russia’s obligations before the international law, as well as the constitutional law of the Russian Federation. The author proposes the measures for realization of the international obligation of Russian Federation aimed at abolition of the death penalty: 1. Ratify Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms; 2. Sign and ratify Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedom, as well as the Second Faculty Protocol to International Pact on Civil and Political Rights; 3. Make changes into the current legislation aimed at removal of the positions on the death penalty.  

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