Abstract:

According to Article 59/1 of the Criminal Code of the Russian Federation: "Capital punishment, as an exclusive penalty, may be imposed only for especially serious crimes encroaching on human life." With the Annex Protocol No. 6 to the European Convention on Human Rights, the capital punishment has been abolished except for war and melee threads. The Russian Federation became a member of the Council of Europe on 28.02.1996 and signed Protocol No. 6 on 16.04.1997. On 16.05.1996, the Moratorium was announced with the President's Decree on the Progressive Reduction of the Capital Punishment in conjunction with the participation of Russia in the Council of Europe. However, the Protocol No. 6 has not been ratified by the Federal Assembly until today. The Constitution Court of the Russian Federation has decided on 2 February 1999 that the courts will not be able to impose a capital punishment until the courts with jury participation as set out in Article 20 of the Constitution are established. On 19 November 2009, the Constitution Court was decided to no court cannot give would be able to impose a capital punishment including courts with jury participation unless the Russian Federation leaves membership of the Council of Europe.

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