The Supreme Court of Russia asks the Constitutional Court to decide on the introduction of the death penalty in the Russian Federation Epigraph: “All murder is a matter of hatred. It cannot be that a person kills a person out of love for him. The death penalty is one of the most terrible types of murders, because it is cold, calculating, conscious, fundamental murder - murder without any affect, without any passion, without any purpose; Murder for the sake of murder. "
Sergey Bulgakov
In modern Russia since 1996, since the country entered the Council of Europe, a moratorium on the death penalty has been introduced. The death penalty de facto and de jure is not applied in Russia on the basis of the Decree of the Constitutional Court of February 2, 1999. Since the Constitution provides citizens who are facing the death penalty, the right to consider their case in the jury, and these courts acted only in eight regions of the Russian Federation, the Constitutional Court forbade the application of the death penalty before the jury throughout the country. The State Duma decided to introduce the jury in all regions of Russia by January 1, 2010. Now introduced - the latter will work from the New Year in Chechnya. Therefore, the Supreme Court suggested that the KS once again return to the issue and put points over I.
Rumors about the “return” of the death penalty have been going on for a long time, many in Russia do not think “order” without the death penalty. And surveys of public opinion confirm that most Russians for the law of the state in court, by law, are losing their lives.
In anticipation of the trial of Major Evsyukov, they spoke with even greater enthusiasm for the termination of the moratorium on the death penalty. The only thing that can stop the restoration of the highest measure, analysts say is an international situation.
By the way, the death penalty in Russia was canceled repeatedly and on its own initiative, however, it was soon restored. In 1744, Elizaveta Petrovna in the Senate Decree demanded to replace the death penalty with other types of punishments - an eternal reference to hard labor with public punishment by a whip and branding, which was confirmed by decree from 1753. But the death penalty for military and state crimes remained.
Ekaterina the Great also recognized the death penalty in only two cases: if the offender could “outrage popular peace” or “the most riots intercede the place of law from the places of conclusion”. She used it in two cases: executing the second lieutenant Vasily Mirovich for trying to liberate Prince Ivan Antonovich and Emelyan Pugachev and his associates.
Over the 25 years of the reign of Alexander I, the death penalty was used only 24 times, and then mainly by decision of military fields during the Patriotic War.
Even Nicholas I defiantly emphasized that in Russia there is no death penalty, except for exceptional cases. In his era, 40 people were officially executed. But many, especially in the army, died in extrajudicial reprisals-because of bodily punishments by spitzeten.
He canceled and introduced the death penalty Nicholas II, as well as the Bolsheviks - in the first months of his power, and then several months after the civil war. And even Stalin - in 1947, replacing shooting articles with 25 years of camps. Soon, however, in 1950 it was already possible to shoot spies, saboteurs, traitors of their homeland, and in 1954 criminals who committed a deliberate murder were added to them.
And in Russia - another fork. The arguments of the parties “for” and “against” are always the same. “For”: the state and society must protect itself, the criminals will be frightened, and henceforth it will be different, moreover, this is true - an eye for an eye. “Against”: you can defend yourself without killing, with regard to effectiveness, the statistics clearly indicate that it is not possible to “scare” the criminals with the death penalty. Regarding the Old Testament principle, “Eye beyond”, you can notice that in a Christian country it does not sound very convincing, as, indeed, the main trump card of supporters of the execution - and if your relatives ...
But the fact that in a society where the death penalty is used is brought up, the fact that the murder is murdered as a result, and the state and society are in some ways on the same board with murderers are difficult to argue with this.
Many prominent people advocated the abolition of this rudiment of civilization. Their statements are known, repeatedly quoted. I will give those whom they probably know less.
In 1955 and 1957, one after another, Arthur Kestler’s writers in England and Albert Camus in France made “thoughts” - one about gallows, the other about the guillotine. Both - against the death penalty, both recalled the brutal history of her “legal” application, for example, the efforts of the “humane” Dr. Guilloten so that the convicted person to death did not feel anything, only “a weak chill in the neck”. And Kestler told his personal story: how in 1937 he expected his fate in the cells of the suicide bombers in Spain.
Camus, in particular, began to sign letters with a request to pardon collaborators in 1945, although the year before he believed that justice is more important than mercy.
He always emphasized that it was not mercy and not humanism to the personality of the defendant played the main role for him. He just believed that the law - by definition - should not follow the same rules as nature: "If the murder is embedded in the nature of man, then the law is created to correct it." And do not indulge.
To revive the death penalty in Russia means to promote the barbarization and further isolation of the country from the civilized world, to indulge the supporters of “simple” decisions, to help to build up muscles to lovers to flaunt and continue to corrupt their customs, already corrupted.
Photos of RIA Novosti