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Pavlikov S.G. Acts of National Courts and International Acts in the Field of Public Administration (on the Example of Ensuring the Constitutional Right to Life)

Abstract: The initiative of the Supreme Court of the Russian Federation has allowed to resolve one of the most important law enforcement issues related to the consitutional right to life based on the implementation of the provisions of international law. The question about the death penalty in Russia as an exceptional measure of punishment has been discussed by the academic community since 1993 when the present Constitution of the Russian Federation was adopted. The problem of death penalty as a type of criminal punishment for extremely severe crimes still remains the matter of lively scientific discussions. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author of the article analyzes the problem of the relation between acts of national courts and international acts on the example of the most "intrusive" sphere of government administration and influence associated with the death penalty. According to the author of the article, further development of legal precedents of the Supreme Court of Russia may lead to a higher level of protection of the human rights and freedoms. 


Keywords:

rights, Constitution, protocol, Supreme Court, resolution, plenary assembly, European Convention, Convention, person, death penalty


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This article written in Russian. You can find original text of the article here .
References
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