New Constitution is needed: negotiations on the return of death penalty continue in the Russian Federation
Currently, the Presidential Administration (AP) of the Russian Federation has no unambiguous opinion on this issue. The source of Vedomosti told the source close to the AP. "It is necessary to calculate the risks-the removal of the moratorium is better than life imprisonment or there is a high probability of mistakes,"-says the interlocutor of journalists. As noted in the publication, the leaders of the factions "Right Russia" Sergey Mironov and LDPR Leonid Slutsky were initiated.
Earlier, this topic was raised by the head of the "Edinaya Russia" faction Volodymyr Vasilyev and the chairman of his party, the deputy head of the Security Council Dmitry Medvedev. The discussion at the plenary session was joined by the State Duma spokesman Vyacheslav Volodin. Another source of the publication believes that in general, in the words of Volodin, there is an understanding that it is sufficient to approve the decision of the Constitutional Court (COP) to return the execution.
"As far as I know, in the Constitution and in the criminal law, no one has canceled the death penalty. There is a decision of the COP, which postponed such a sentence. Therefore, no referendum is needed, it is enough to resolve in this matter of the COP," Volodin said. According to the interlocutor of journalists, "it does not mean that someone will implement such a scenario right now. " Another source believes that this discussion in parliament is conducted to "divert attention".
The Constitutional Court of the Russian Federation has not currently expressed their position on parliamentary discussion. The press service was explained by the fact that "in the context of discussing this problem in today's situation, the issue may be the subject of court consideration. " According to Doctor of Laws, Mikhail Fedotov, the Constitutional Court's decision on a moratorium on the death cannot be canceled by anyone, including the COP himself.
"The COP cannot make a new decision that would contradict the earlier. Therefore, for the sake of removing the moratorium, a new constitution will have to be made," Fedotov says. He also emphasizes that under the Constitution, the death penalty can only be applied for particularly serious crimes against life, and in this category "neither terrorism, nor the state council, nor pedophilia belong.
" According to the lawyer of Stalina Gurevich, there were five crimes to the moratorium, the punishment for which was envisaged. It is a qualified murder (Article 105 of the Criminal Code), genocide (Article 357 of the Criminal Code), encroachment on the life of a state or public figure (Article 277 of the Criminal Code) or a person who carries out justice or preliminary investigation (Article 295 of the Criminal Code), and even even law enforcement officer (Article 317 of the Criminal Code).
"Without violating the constitution, it is impossible to return the execution," Fedotov sums up. Jurist Muhammed Bidzhev stated that Russia may denounce international conventions and protocols, but he could not restore the death penalty, because this is not allowed by the Constitution and Resolutions of the Constitutional Court, which has repeatedly formulated his position on this issue.