Course work|Criminal law

Course the Death penalty

Course work. Subject: Criminal law. Topic: The death penalty

Authorship: Infostore

Year: 2016 | Pages: 41

Price: 45
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Introduction

1 Institute of the death penalty in the criminal law of Russia

1.1 History of the development of the death penalty as a type of criminal punishment

1.2 The concept of the death penalty and its position in the penal system

2 Limits on the use of the death penalty

2.1 Procedure for the appointment and execution of the death penalty

2.2 Non-application of the death penalty to certain categories of persons

2.3 Prohibition of the imposition of death sentences by the courts

Conclusion

List of sources used

Relevance of the topic. The chosen topic of the course work is very relevant in modern conditions. The deprivation of life of a person who has violated certain norms (for example, the custom of blood feud) is known long before the emergence of the state. Apparently, this is historically the first type of criminal punishment. At the same time, the entire history of criminal law, with the exception of certain periods, indicates a tendency to limit its application. At the present time, there are States that have abandoned the death penalty, and there are countries that are quite actively using it. In both cases, disputes between its opponents and supporters do not subside.

The death penalty is contrary to international legal standards in the field of human rights. Thus, the death penalty denies the inalienable right to life, making the criminal only an object of criminal legal influence of the state. In addition, the execution of the death penalty, unlike other measures of criminal punishment, is irreversible and therefore excludes the correction of possible judicial errors. At the same time, the abolition of the death penalty will allow Russia to resolve issues of extradition.

Thus, it is difficult to overestimate the importance of research on the death penalty for the science of criminal law and law enforcement practice.

All this led to the choice and formulation of the topic of the course research.

The degree of development of the problem. Questions of formation and development of the institution of the death penalty in the criminal legislation of Russia in various historical epochs have repeatedly interested the most prominent representatives of historical and legal thought. However, most researchers consider this institution only in the subject field of discussion between supporters and opponents of the death penalty, giving various arguments to prove their conceptual constructions.

Undoubtedly, in the domestic scientific legal literature there is a large number of works devoted to the legal study of the institute of the death penalty, and most of them have a purely criminal-legal nature.

Purpose and objectives of the study. The purpose of the course study is to make specific proposals on improving the criminal legislation in relation to the area under study, based on the study and interpretation of the phenomenon and essence of the death penalty, as well as to give a forecast of the further development of the death penalty as a type of criminal punishment.

Tasks (main issues to be developed (investigated)):

  • Consider the features of the historical evolution of the death penalty;
  • To give a meaningful description of the concept of the death penalty and to consider the features of its position in the system of punishments;
  • Investigate the procedure for the appointment and execution of the death penalty;
  • To formulate the features of non-application of the death penalty to certain categories of persons;
  • Formulate a ban on the imposition of death sentences by the courts.

Object of research. The object of the study is the social relations that develop in connection with the institution of the death penalty and its appointment as a criminal punishment.

Subject of the study. The subject of the study is the system of legal norms regulating social relations that are formed in the process of assigning the death penalty.

The methodological basis the course work is a dialectical method of cognition of social and legal reality. Along with it, statistical, sociological, comparative legal, dogmatic and other private scientific methods were used.

Theoretical basis of the study We have compiled works containing conceptual provisions of the general theory of criminal punishment. These are the works of Avdeev S., Anashkin G. Z., Boikov A., Yakubov A. E., Yurin M. V., Filippov V., Remenson A., Nikiforova A. S., Naumova V. A., Mickiewicz A. F., Bavana M. V., Zhiltsov S. V. et al.

Regulatory sources researches The Constitution of the Russian Federation and international treaties of the Russian Federation, criminal, criminal-executive and criminal-procedural legislation of the Russian Federation, decisions of the Constitutional Court of the Russian Federation and the Plenum of the Supreme Court of the Russian Federation, as well as criminal legislation of foreign countries served.

The empirical material served: criminal law statistics; published judicial practice of the Supreme Court of the Russian Federation; the results of the study of criminal cases.

The structure of the course of the study It is subject to the logic of the study, is determined by the goals and objectives of the work and consists of an introduction, two chapters divided into paragraphs, a conclusion and a list of references.

Regulatory legal acts

  1. The Constitution of the Russian Federation (adopted by popular vote 12.12.1993) (as amended, amended Laws of the Russian Federation on amendments to the Constitution of the Russian Federation from 30.12.2008 N 6-FKZ, from 30.12.2008 N 7-FCL from 05.02.2014 No. 2-FKZ) // collected legislation of the Russian Federation. 2014. No. 1. Article 1390.
  2. Criminal Procedure Code of the Russian Federation of 18.12.2001 N 174-FZ (ed. of 02.03.2016) / / Collection of Legislation of the Russian Federation. 2016. No. 12. St. 3451.
  3. Decree of the President of the Russian Federation of 16.05.1996 N 724 "On the gradual reduction of the use of the death penalty in connection with Russia's entry into the Council of Europe" //SZ RF. No. 4. Article 1221.

Judicial practice

  1. Ruling of the Constitutional Court of the Russian Federation No. 1344-O-R On Clarification of paragraph 5 of the operative part of the Resolution of the Constitutional Court of the Russian Federation No. 3-P of February 2, 1999; // Bulletin of the Constitutional Court of the Russian Federation. 2010. № 4.

Monographs, textbooks, manuals, comments

  1. Bovsun M. V. Expediency in criminal law. Omsk, in 2014. – 344 p.
  2. Belyaev N. A. Criminal law policy and ways of its implementation. St. Petersburg: Nauka, 2013. 433 p.
  3. Evdokimov L. Don't dissemble: the death penalty is inevitable. – 2012. – 17 Aug. – p. 2-4.
  4. Zhiltsov S. V. The death penalty in the history of Russia. Moscow, 2011. – 543 p.
  5. Martsev A. I. Dialectics and questions of the theory of criminal law. – Krasnoyarsk, 2011. – 345 p.

Scientific articles

  1. Avdeev S. To execute: it is impossible to pardon / / Izvestiya. 2013. – 6 Oct. – pp. 3-5.
  2. Anashkin G. Z. Justice of the appointment of criminal punishment / / Sov. gos-vo i pravo. 1982. – No. 7. – p. 5.
  3. Boykov A. On the death penalty / / Legality. 2011. – No. 8. – p. 14.
  4. Vitsin S. The time to execute in Russia is over / / Russian Justice. – 2016. - No. 3. – p. 78.
  5. Karpets I.And the Highest measure: for and against / / Soviet State and Law. 1991. – No. 7. – p. 27.
  6. Malko A.V. The death penalty: modern problems / / Pravovedenie. 2015. – No. 1. – p. 23.
  7. Morozov V. They started talking about the death penalty again // Rossiyskaya gazeta. –

2014. -25 May. – p. 7.

  1. Mitskevich A. F. Compliance of punishment with the public danger of crime the most important requirement of justice of criminal punishment // Actual problems of the state and law at the present stage. 2015. – No. 4. – p. 26.
  2. Naumov A.V. On the problem of punishment in the new Criminal Code of Russia / / Man: crime and Punishment. – 2014. – No. 1. – p. 9.
  3. Nikiforov A. S. On the death penalty / / State and Law. – 2011. – No. 4. – p. 6.
  4. Orlov A.V. Death penalty / / Yurist. 2015. – No. 1. – p. 89.
  5. Pharin S., Bugrov, E. on death row // Outside of the law. 2016. – № 8 . – p. 9.
  6. Remainson A. The principle of compliance of punishment with the gravity of the committed crime and its role in the criminal-legal fight against crime / / Problems of improving the effectiveness of the fight against crime. – Tomsk, 2011. – p. 9.
  7. Filippov V. Condemned to eternal torment: a report from the prison in which life-long prisoners are sitting. 2014. – May 18. – p. 11.
  8. Sariiski S. F. eats, to punish severely // the Lawyer. – 2012. – No. 6. – p. 87.
  9. Yurin M. V. On the abolition of the death penalty and its impact on the crime rate // Improvement of legislation and law enforcement activities. – Yaroslavl, 2015. – pp. 67-70.
  10. Yakubov A. E. Humanism and the death penalty / / Vestnik Moskovskogo universiteta. Ser. 11. Pravo. 2014. – No. 4. – p. 10.

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