it is careful, history. A leah has hastened to refuse the Russian Federation the death penalty?: fifteen years W/ O the death penalty, but any very strange situation. We did not ratify till now that ill-starred 6 - j the report which definitively would legalise cancellation. Also we live on makeshifts. Recently constitutional court has given expounding - we do not apply, CUZ, like as, we do not apply. But the law which would cancel the death penalty, at us on - former is not present, and thus at us the supreme penalty continues to be applied - people RCV a life imprisonment.
that for a strange situation, what prospects? All - taki, Russia as a result will refuse legally, legislatively the death penalty or not?
T. MORSHCHAKOVA : you know, AAM, we should SPK about the different parties of this phenomenon. On the one hand, you are right - in the national criminal legislation norms according to which the death penalty can be appointed continue to be saved. But OTOH, in legal system of the Russian Federation operates except the Criminal code, in - the first, the Constitution of the Russian Federation, and, in - the second, such constitutional norms which define position in legal system of the Russian Federation of the international certificates, the international contracts of the Russian Federation, the conventional principles of international law. Here it gives certain base.
That we have on the basis of this regulation? The constitution has told: « the Death penalty at us it will not be eternal. We save it temporarily, until cancellation ».
Century RYZHKOV : Too kruglo.
T. MORSHCHAKOVA : No. It is quite certain. Until cancellation. Personally I consider that this cancellation has occurred. After all the Constitution anywhere has not written, in which form this cancellation should be made.
Century RYZHKOV : not necessarily law?
T. MORSHCHAKOVA : not necessarily law CUZ the Constitution has written that if our law internal contradicts is international - the rule of law the norm of international law, norm of the international contract operates.
Means, there is last step in this reasoning – the question on, a leah operates concerning Russia is international - the rule of law containing in report ¹6 2 the European convention, forbidding death penalty application? Here on this question there is absolutely clear answer. Yes, it operates, in spite of the fact that as you have mentioned, the report at us is not ratified. But it is signed. Moreover, signing of this report and carrying out in the national legislation of measures on death penalty non-use, on its cancellation was a condition of the introduction of Russia in the Council of Europe.