Смертная казнь в зеркале транснационального конституционализма

Abstract

Constitutionalism has become the foundation of a globalizing world. Human rights have been recognized as a democratic value of any State. However, due to a number of reasons, the issue of the appointment and execution of the death penalty has not found an unambiguous solution in the legislation of various countries. In the Russian Federation, when the country officially withdrew from the Council of Europe, whose membership was accompanied by a demand for the non-application of this criminal punishment, disputes about the resumption of the imposition of death sentences for a number of crimes resumed. The authors of the article, based on the analysis of the provisions of international legislation, Russia's voluntarily assumed international obligations in the field of human rights, constitutional norms, legal positions and decisions of the Constitutional Court of the Russian Federation, scientific papers on the studied issues, formulate their own vision regarding the legal possibilities of resuming the use of the death penalty in the country through the prism of the values of transnational constitutionalism, international obligations of the state.