Death penalty in the criminal law of the Russian Federation: A new solution to an old problem

The death penalty remains a contentious issue in Russian criminal law, particularly after the Russian Federation's withdrawal from the Council of Europe in 2022. This article addresses the legal problems surrounding the regulation of the death penalty and proposes solutions aimed at preserving and further regulating the moratorium imposed by the Constitutional Court, which has effectively limited the application of this punishment. The author argues that legislative amendments are necessary to render the norms on the appointment and execution of the death penalty void. The relevance of this topic is underscored by international events since 2022, which have escalated discussions on the death penalty in Russian national law. Opposing viewpoints and doubts about the legal force of the Constitutional Court's moratorium confirm that the problem remains unresolved and urgent. While the topic has been studied by scholars such as Yana Yu. Vasilieva, Aleksey I. Rarog, and Vasiliy A. Tirranen, the transformation of Russian criminal law has highlighted the lack of research based on current realities.

The study examines public relations regarding the death penalty as regulated by the norms of Russian law, including the Constitution of the Russian Federation, international law, the Criminal Code of the Russian Federation, the Penal Code of the Russian Federation, and the lawmaking of the Constitutional Court of the Russian Federation. The research employs both general and specific scientific methods, with the formal-legal method being the key approach. Although the article is not formally divided into parts, it has an internal structure: it opens with the stated question, relevance, and description of main approaches; the main part presents arguments in favor of amending the Criminal Code and the Penal Code to exclude the death penalty from current legislation altogether; and it concludes with a brief summary of the research.