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THE DEATH PENALTY IN THE CONTEXT OF THE RIGHT TO LIFE

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 45)

Publication Date:

Authors : ; ;

Page : 46-53

Keywords : death penalty; death sentence; punishment; crime; criminal responsibility;

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Abstract

The article emphasizes that the right to life is the basis of other rights and freedoms. It is noted that one of the main problems associated with the exercise of this right is the question of the appropriateness of the death penalty. It is pointed out that this phenomenon has been actively discussed by scientists since the Enlightenment. There are statistics that indicate the gradual abandonment of this type of punishment. The norms of international normative legal acts regulating the issue of the death penalty are considered in detail.It is established that the history of the death penalty in Ukraine shows certain features. The analysis of the conclusion of the decision of CCU from 29.12.1999 was made. Particular attention is paid to the arguments of supporters and opponents of the death penalty regarding the need to introduce or abolish it. The cases «Ocalan v. Turkey «and» Soering v. the United Kingdom « were analyzed. It has been found that the absence of the death penalty in the penitentiary system does not increase the number of serious criminal offenses. The considered phenomenon is analyzed taking into account the economic factor. The article mentions the risk of miscarriage of justice. It has been studied that execution is the product of human suffering.It is concluded that the existence of the institution of the death penalty in the modern world indicates the backwardness of the legal and moral level of development of public life. The authors support the position of opponents of the death penalty. Emphasis is placed on the need to improve this type of punishment, such as life imprisonment.

Last modified: 2022-01-12 21:28:46