Pick a country that has abolished the death penalty. Discuss the reasons that motivated the country to take that stand

Death penalty as capital punishment caused and continues to cause heated debates in the society. Nowadays there are many countries where the death penalty is provided by legislation, for example, the USA, China, India, Egypt, Afghanistan, Saudi Arabia, Japan and others. The most common arguments "for" this punishment are the following: protection of society, deterrent effect, economic injustice of life imprisonment, and act of humanism. However, a large number of countries in the world have refused this type of punishment, in particular, Algeria, Tajikistan, Sri Lanka, Laos, Russia and others. They cite the following reasons: possibility of a miscarriage of justice, absence of addressing the causes of crime, contradiction to the international law standards. In the modern globalized world the international community faced faces with the active development of global problems such as terrorism, drug trafficking, corruption, etc. These problems stimulate the constant debate about the necessity to toughen penalties for dangerous criminals, in particular, people discuss the need for of the death penalty in states, where the law does not provide it as capital punishment. The Russian Federation is one of these states. It is the largest country in the world, and many criminal elements from neighboring less prosperous countries penetrate on its territory, they commit serious crimes in Russia and its citizens also organize or take part in crimes, the most dangerous crimes concern the high level of corruption . In this regard, the discussion on the introduction of the death penalty in Russia is very important. In my opinion, the study of the national peculiarities of this question is very interesting, so let us consider this issue in detail. On the one hand, according to the Constitution of the Russian Federation, the death penalty is previewed by the Criminal Code as the capital punishment for especially dangerous crimes against life with the accused right to trial by jury. At the same time, the Russian fundamental law states that "If an international treaty of the Russian Federation stipulates other rules than those provided by the national law, the rules of international agreement are of the top priority"; and there are in Russia the international documents prohibiting the death penalty: the Protocol number 6 and recommendations of Parliamentary Assembly of the Council of Europe (PACE).[1] In 1996, Russia was invited to the Council of Europe only under the condition of the death penalty abolition. In 1997 Russia signed the Protocol number 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty (in peacetime). Despite the fact that the 6th protocol has not been ratified by Russia, from that moment the application of the death penalty in Russia is forbidden under the Vienna Convention, which oblige the signatory state to behave in accordance with the contract prior to its ratification. In 1999 the Constitutional Court declared unconstitutional the possibility of the death penalty in the absence of jury trials in all regions of the country (they were absent in Chechnya). In 2009 the Constitutional Court recognized the impossibility of the death penalty, even after the introduction of jury trials in Chechnya, giving the following argument: "as As a result of long-term moratorium on the death penalty in Russia, there were formed stable guaranties of human rights not to be subjected to the death penalty and was developed constitutional and legal regime, under which taking into account the international legal trends and the commitments made by the Russian Federation began an irreversible process, aiming at the abolition of the death penalty as an exceptional punishment. The International law became a part of the Russian legal system".[2] Last time the death penalty in Russia was applied in 1996. Return to the capital punishment can be realized only by the adoption of the new Constitution on referendum, because the second chapter of the Constitution cannot be changed within the existing law-making process. At the same time, Russian citizens want to return the death for the most serious crimes against the person or against the state. This can be seen in the results of sociological studies. In 2005 there were 72% of the supporters of the death penalty, 9% of citizens were against. In 2013 96% of respondents were for the death penalty.[3] It is important to note that the need to discuss the introduction of the death penalty in Russia within the public debate attracted well-known scientists, political, social and religious leaders, associations and organizations that express different points of view. In particular, supporters of the death penalty for corruption in a large size and the theft of state property are members of the Communist Party of the Russian Federation. They point out that the absence of the death penalty in Russia prevents national interests protection. The Liberal Democratic Party of Russia supports the idea of the death penalty return, which, according to the party, must be applied to terrorists and their corrupted supporters, it will reduce the numberthat would cause the reduction of crimes. The Russian Interior Minister, Vladimir Kolokoltsev, in 2013 also spoke in support of cancelling of the moratorium on the death penalty in Russia: "I fear the wrath of the opponents of the death penalty, but as a citizen I do not see anything objectionable in the application of the death penalty for dangerous criminals".[4] However, in Russia there are opponents of cancelling of the moratorium on the death penalty. In particular, according to the President of Russia, Vladimir Putin, increased penalties in itself do not lead to the eradication of crime: "Applying the death penalty in respect of citizens, even criminals, the state demonstrates cruelty to the others and generates again and again the cruelty of the citizens in relation to each other and in relation to the state itself. It is harmful and counterproductive. In order to tackle crime effectively, we need a balanced, effective economic and social politics, competent and modern civilized work of the penitentiary system, all law enforcement agencies. It is more difficult to realize than to impose the death penalty".[5] The position of the Russian Orthodox Church is also negative about the idea to of returning the death penalty in Russia. Patriarch Alexy II and Patriarch Kirill has repeatedly expressed their opinion on the matter, citing a word of Jesus Christ: "You have heard that it was said: Do not kill; murders will be subjected to judgment. But I say unto you, tThat whosoever is angry with his brother will be subjected to judgment"[6]. Thus, according to the authoritative interpreter of Scripture, according to Christ, not only prohibits the killing of man by man, but even anger one person to another. A murder is all the more grievous sin. Thus, having considered the different views on the problem of the moratorium on the death penalty cancellationing in Russia, one can conclude that nowadays there is no consolidation in the society. However, the development of civil society in Russia and politics aimed at increasing of its activity lead to the situation, where the different social and political associations begin to gradually promote the cancellationing of the moratorium on the death penalty, often pointing out the positive experience of China and North Korea in their fight against corruption and terrorism. Taking into account the fact that these problems are quite acute in the state, one cannot exclude the possibility of cancelling of the moratorium on the death penalty in the foreseeable future. However, the solution of this issue will require a thorough analysis of the situation and detailed study of the conditions of application of this type of punishment. In conclusion, to my mind, it is important to draw attention to the fact that the abolition of the death penalty in Russia in the 1990s was not the decision of the Russian citizens, it became the necessity, corresponding conditions of the Council of Europe, which the state decided to enter in 1996. I believe that such complex issues in the country should be solved within the framework of the referendum, which should be preceded by a serious public debate with different views on the issue. Only referendum can express the conscious choice of people on the death penalty as the capital punishment. In general, I think that Russia should develop in its own way, and not just focus on the position of the so-called "developed" countries of the West, as it was in the 1990s and, unfortunately, in many respects continues to happen today, because provisions of the Constitution define the whole system of the state, they were written and adopted within the decision of the state to develop the principles of western democracy. This decision is under serious doubt in the modern Russian society. Russian citizens should take vital complex decisions based on their own experience of the millennial state-building, rather than to adopt models of other states or wait for the approval of their actions by other countries.

References
1. Grachev, S. N. International Law. - M.: Fenix, 2011. - 412 p.
2. Nosov, E. N. Death Penalty in Russia. – M.: Fenix, 2013. – 368 p.
3. Petrov, A.N. Death Penalty in the Modern Society. – M.: Triad, 2013. – 274 p.
4. Sergeev, K.A., Slinin, Y.A. Criminal Science. – M.: AST, 2011 – 188 p.
5. Vasiliev, S.A. Death Penalty perspective in Russia . – M.: Nauka, 2008. – 156 p.
6. Yakovlev A. N. Human Rights and Death Penalty. - M.: AST, 2013. - 184 p.

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[1] Grachev, S. N. International Law. - M.: Fenix, 2011. - P. 112.
[2] Yakovlev A. N. Human Rights and Death Penalty. - M.: AST, 2013. - P. 79.
[3] Nosov, E. N. Death Penalty in Russia. – M.: Fenix, 2013. – P. 132.
[4] Sergeev, K.A., Slinin, Y.A. Criminal Science. – M.: AST, 2011 – P. 93.
[5] Petrov, A.N. Death Penalty in the Modern Society. – M.: Triad, 2013. – P. 82.
[6] Vasiliev, S.A. Death Penalty perspective in Russia . – M.: Nauka, 2008. – P. 103.