Political-legal issues of fulfillment of russia's international obligations on death penalty abolition in the country

AutorSvetlana I. Kuzina - Tatyana P. Cherkasova - Oleg A. Artyukhin - Nikolay V. Sarayev - Dmitriy S. Zomartov
CargoSouth-Russian Institute for Management, branch of Russian Academy of National Economy and Public Administration - South-Russian Institute for Management, branch of Russian Academy of National Economy and Public Administration - South-Russian Institute for Management, branch of Russian Academy of National Economy and Public Administration - Don ...
Páginas178-200
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
178
POLITICAL-LEGAL ISSUES OF FULFILLMENT OF RUSSIA’S
INTERNATIONAL OBLIGATIONS ON DEATH PENALTY
ABOLITION IN THE COUNTRY
Svetlana I. Kuzina1
Tatyana P. Cherkasova2
Oleg A. Artyukhin3
Nikolay V. Sarayev4
Dmitriy S. omartov5
Abstract: the research topicality is due
to the necessity to anchor the humanistic
values in the Russian public conscience,
especially among the youth. One of these
values is the human right to life. The
previous sociological polls, referring to
the Russian citizens’ attitude to
legitimate coercion of the state as its
right to deprivation of life, showed the
high but gradually decreasing level of
support of death penalty. The processes
of integration with the global culture, the
reforms of the social-political and legal
systems of the recent decades caused the
increase of the level of humanism in
1 South-Russian Institute for Management branch of Russian Academy of National Economy
and Public Administration; Don State Technical University, tel.: 89281746198, e-mail:
svivk@yandex.ru
2 South-Russian Institute for Management branch of Russian Academy of National Economy
and Public Administration, tel.: 89043416132, e-mail: tpch@mail.ru
3 South-Russian Institute for Management branch of Russian Academy of National Economy
and Public Administration, tel.: 89034880169, e-mail: oart1969@mail.ru
4 Don State Technical University, tel.: 89034054386, e-mail: snv_571978@mail.ru
5 South-Russian Institute for Management branch of Russian Academy of National Economy
and Public Administration, tel.: 89381503090, e-mail: oart2016@yandex.ru
Russia. Thus, the present research is
aimed at applying empirical methods to
reveal the political reasons of
inconsistency between the Russian
international obligations to abolish the
death penalty and the national law-
making practice, the above inconsistency
being in place for over two decades. The
leading research method was the content
analysis of the legal and public
information, which allowed the
comprehensive examination of the
processes of humanization of the
political-legal conscience in Russia. The
article presents the sources of
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
179
international law, the result of polling the
Russian citizens, and the revealed
interconnections between the law-
making processes and the internal policy
of the authorities taking into account the
public agenda. The authors assert the
relation between the public policy
pursued by the authorities for preserving
the death penalty in the country, and the
number of its proponents, which is
decreasing, though slowly. The authors
conducted a sociological poll on the
attitude of young people, university
students, to applying the death penalty in
the country. The poll results substantiate
the conclusions on the increasing trend
of humanization of the young Russians’
public consciences, which is related to
their education level: the majority of
those supporting the death penalty for
grave crimes are the first-year students;
those inclined to recognize the right to
life by rejecting the death penalty in the
country are mostly senior students. The
materials of the article are of practical
value for specialists in the sphere of
international relations, education,
national and foreign affairs of national
states.
Keywords: international law, death
penalty, national law in Russia
1. Introduction
Coercion applied by the state is
not the only mechanism of controlling
the society, but it is the monopoly for
legitimate violence that is its specific
characteristic. The toughest
manifestation of the state’s right to apply
coercion regarding the lives of its
citizens is the death penalty for grave
crimes. In 1996, Russia declared a
moratorium for the death penalty
execution [1]. The issue of the death
penalty execution is one of the hardest
not only in legal terms, but also in terms
of accounting the public opinion
concerning its application. The research
is aimed at studying the process of
introducing the European value of the
right to life into the political-legal culture
of the Russian citizens. The right to life
and the legitimate state coercion have
been the subject of research of many
scholars: Th. Hobbes, L. Gumplowicz,
R. Jhering, V. N. Kudryavtsev, M.
Foucault [2, 3, 4, 5, 6], and others.
In his works, Th. Hobbes clearly
formulated the notion of social order as
expression of organized life. The most
powerful and well-organized social
formation is the state. This logically
implied the theory of coercion. Social

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