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Comparative International Law$
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Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg

Print publication date: 2018

Print ISBN-13: 9780190697570

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190697570.001.0001

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Doing Away with Capital Punishment in Russia

Doing Away with Capital Punishment in Russia

International Law and the Pursuit of Domestic Constitutional Goals

Chapter:
(p.353) 17 Doing Away with Capital Punishment in Russia
Source:
Comparative International Law
Author(s):

Bakhtiyar Tuzmukhamedov

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190697570.003.0017

The Russian Constitution protects the right to life. At the same time, it states that “capital punishment until its complete abolition may be established by federal law as an exclusive form of punishment for particularly grave crimes against life,” but only on the condition that an accused in a capital case shall be entitled to a trial by a court comprising professional judges and a lay jury (Article 20 (2)). This chapter will describe the uneasy relationship of Russia with the death penalty, both domestically and internationally. It will speculate whether the Constitutional Court applied international law as a common denominator to interpret the Constitution, or instead turned to international sources as an auxiliary means to support its own understanding of constitutional goals.

Keywords:   Russian Constitutional Court, capital punishment, human rights, provisional application, international law

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