ЗАПРОВАДЖЕННЯ СМЕРТНОЇ КАРИ В УКРАЇНІ: КРИМІНАЛЬНО ПРАВОВІ АСПЕКТИ

Abstract

This research work is based on an analysis of Protocol № 6 to the European Convention on
Human Rights on the Abolition of the Death Penalty and Protocol № 13 to the European Convention on Human Rights on the Abolition of the Death Penalty under All Circumstances, Criminal Codes of Ukraine, China, Belarus, United States America, the decision of the Constitutional Court of Ukraine, the opinions of scientists, society, historical facts, statistics, covered one of the most controversial topics in both domestic and international law in the field of criminal law - the death penalty. The attitude of society and international organizations to this measure of punishment is revealed. Substantiated arguments "for" and "against" the use of the death penalty. The relationship and relationship between the human right to life and the death penalty are analyzed. The historical facts of application of this measure of punishment in different countries of Europe and Russia are given, and also the reasons and crimes for which it was intended are revealed. The prospects and consequences for our country in the international arena regarding the return of the death penalty in Ukraine are revealed. The readiness of the domestic legislation and the legal situation in Ukraine to return the exceptional measure of punishment is analyzed. Types and examples of the death penalty in modern times in foreign countries (China, USA, Japan, Belarus, Russia) are given. The statistics of the countries where the death penalty is in force are analyzed to determine how it affects the level of crime and the appropriateness of its application in these areas. His own opinion on the attitude to the use of the death penalty in foreign countries, Ukraine. The process and reasons for Ukraine's waiver of this measure of punishment are reflected.