The death penalty in Russia in accordance with the Constitution is provided for by the Criminal Code of the country. She acts as an exceptional punishment for crimes of special gravity against life. At the same time, the accused is given the right to trial by jury. The last death penalty in Russia was carried out in 1996. 
Criminal Code
The death penalty in Russia is imposed on men aged 18-65 years. The Criminal Code contains five articles whose provisions provide for this punishment. The death penalty in Russia is assigned by:
- Art. 277 "Violation of the life of public or statesmen."
- Art. 295 "Attempt on a person conducting a preliminary investigation or justice."
- Art. 317 "Attempt on law enforcement officers."
- "Art. 357" Genocide ".
- Art. 105 "Murder" (part 2).
Exceptions
With the adoption in 1997 of the new Criminal Code, the number of crimes for which the death penalty may be punished has been significantly reduced. In Russia, it is used only for unlawful acts of special gravity that encroach on life. By way of pardon, this punishment can be replaced by imprisonment for 25 years. There are different types of capital punishment. In Russia, the only punishment that takes the life of a guilty person is execution. This measure cannot be applied to women of any age, as well as men under 18 and after 65 years. The death penalty in Russia shall not be imposed to persons issued by a foreign state for criminal prosecution, if this punishment is not provided for by the laws of a foreign country or other grounds, if its non-use is a condition of extradition. 
Execution order
According to Art. 186 of the CPC, the death penalty in Russia is carried out by execution. The punishment is carried out non-publicly, to each convicted person individually in the absence of the remaining perpetrators. In the process of execution there are a prosecutor, a doctor, a representative of the institution in which the execution is carried out. The onset of death is recorded by a medic. After the execution is completed, an appropriate protocol is drawn up. It is signed by the participants in the performance. At the end of the procedure, the court and one of the relatives of the executed (at least) are notified. The body of the executed is not issued. The burial place is also not reported. Punishment must be carried out by institutions of the criminal enforcement system. According to established practice, all the appointed higher measures, including the last death penalty in Russia, were carried out in prisons and pre-trial detention centers.
Deferral or replacement measure
In case of doubt about the normality of the mental state of the perpetrator, he is examined by a commission. It consists of three medical specialists. Based on the results of the inspection, a protocol is drawn up. In the event that a mental disorder is detected that makes it impossible for the convicted person to be aware of social danger and the nature of inaction or action, to direct his behavior, the execution of the sentence is suspended. The protocol is then sent to the court. In accordance with the conclusion of the medical board, the convicted person is released from punishment under Art. 81, part 1, UK. Instead, he is prescribed a coercive measure - treatment in a psychiatric clinic. Given the severity of the crime and the danger posed by the convicted person to society, a stay in a specialized hospital is carried out under intensive surveillance. 
Survey
It is held every six months. The convicted person is also examined by a commission of doctors (psychiatrists). If there are no grounds for terminating compulsory treatment, a conclusion is given to the court on its extension. For the first time, the decision to continue in the hospital is made at the end of six months from the start, at subsequent times annually. If during the application of compulsory treatment significant changes in the state of health of the guilty party are revealed, which give grounds for the cancellation or adjustment of this measure, the examination is carried out regardless of the expiration of any period.
Recovery of the culprit
According to Art. 81, para. 4, in the case of cure of the convicted person, the court has the right to decide on the application of the death penalty if the sentence has not expired. According to Art. 83, part 1, paragraph "g", he is 15 years for especially serious crimes. At the end of this period, the question of the application of prescription is decided by the court. The institution has the right to release the convicted person from the death penalty or replace it with imprisonment for a specific term.
Important point
The sentence of a convicted person in a psychiatric hospital shall be counted during the period of punishment. The court cannot order imprisonment (in exchange for execution) for more than 20 years, with a combination of unlawful misconduct - more than 25 years, sentences - more than 30 years. If recovery occurs at the end of the specified time period, the convicted person shall be deemed to have served his sentence and shall be released by court decision. 
Public opinion
According to VTsIOM, in July 2001, abolition of the death penalty in Russia was supported by 9% of the population. At the same time, 72% favored its use. According to surveys, about 84% of the country's citizens in 2004 called for toughening the provisions of the law and introducing the death penalty in Russia as a measure of the fight against terrorism. In 2005, 96% supported this measure against terrorists, with 3% opposing it. At the same time, about 84% of respondents supported the abolition of the moratorium and the return of the death penalty in Russia. Residents of the Southern Federal District expressed support for the application of punishment almost unanimously. In accordance with the information of the Faculty of Sociology at Moscow State University. Lomonosov, who were received in May 2002, in order to return the death penalty in Russia, 89% of the respondents spoke in favor. As of July 2005, there were 65% of supporters of this punishment, with 25% of opponents.
Reduced use cases
On May 16, 1996, President Yeltsin issued a decree which provided for a gradual reduction in the application of capital punishment in the country. This was due to Russia's entry into the Council of Europe. By decree, it was prescribed to develop a draft law on accession of the Russian Federation to Protocol No. 6 of the Convention on the Protection of Freedoms and Human Rights for submission to the State Duma. This protocol was signed by the President, but has not yet been ratified. In accordance with the legislation of the Russian Federation, it does not have legal force. Upon ratification of the protocol, the punishment will be abolished. In accordance with the act, no one can be executed or sentenced to death. As an exception, the law may stipulate that the state has the right to apply punishment for actions that were committed during the war or in the event of its imminent threat. 
The death penalty in modern Russia
Today, as an alternative to the courts applied life imprisonment or imprisonment for 25 years. However, a number of experts note that the President’s decree and the Constitutional Court’s resolution justifying this replacement ignore federal laws, using regulations that are less powerful and relying on unratified peace treaties. At the beginning of the 21st century, the status of execution took on more and more vague outlines. Referring to the requirement of the majority of citizens to apply capital punishment to dangerous criminals, the State Duma published an appeal to the head of state, in which she expressed doubt about the advisability of ratifying protocol No. 6. Despite the controversial issue on November 19, 2009, the constitutional court ruled that the death penalty was abolished in Russia, and no court can pass such a sentence. However, many experts believe that a sharp and absolutely exclusion of capital punishment from the Criminal Code cannot bring positive results. 
History of the death penalty in Russia (briefly)
As a punishment measure, it is mentioned in Truth (11th century). Some chronicles also preserve evidence of the use of execution against robbers. In the Dvina letter, by decree of Vladimir Monomakh in 1937, the highest measure was provided only for theft for the third time. This gives reason to believe that such a crime was already considered socially dangerous at the time with the likelihood of a relapse, and the commission of the crime for the third time inspired fear of a repetition of the deed in the future. Since the mid-18th century, there has been a significant reduction in the use of execution in Russia. Empress Elizabeth stated that during her reign this punishment would not be imposed and executed. However, she did not dare to abolish the execution completely, but only suspended her widespread implementation.
A new stage in the reform of the execution of sentences is celebrated after the 1917 revolution. The interim government, which came to power, based on previous practice, began to develop a new concept. The head of the prison department at that time, Zhizhilenko, in his order, emphasized that the main task of punishment should be the re-education of the person who committed the crime. To achieve this goal, it is necessary to show humanity to prisoners, to express respect for their civic dignity. In 1917, on October 26, a decree was passed that abolished the death penalty. Nevertheless, already on February 21 of the next year, an SNK act allowed the use of execution without trial, directly on the spot and for a very wide range of acts - for crimes committed by enemy agents, pogromists, speculators, counter-revolutionary agitators, hooligans, German spies. These almost unlimited powers were granted by the Cheka. Officially, the last execution took place on August 2, 1996. Then the serial maniac Golovkin was shot. However, the history of the death penalty in Russia ended according to a number of sources on September 2, 1996. 
Moratorium
On February 2, 1999, the Constitutional Court of the Russian Federation issued a decision recognizing the unconstitutionality of the possibility of a death sentence without participating in a jury trial. This ban was temporary and only technical in nature. The issue of direct sentencing and its application could not be considered resolved, since the execution remained enshrined in the Criminal Code, in Art. 44 and 59. The procedure for its implementation is established in Sec. 23 Section VII of the PEC. Moreover, the issue of rejecting the Federal Law on ratification of protocol No. 6 or its adoption has not been considered by the legislative bodies for more than 10 years.
Prospects for the application of punishment
Regarding the issue of further appointment and execution or replacement of execution by imprisonment for life, there is no consensus among officials of the executive system and domestic legislators. In economic terms, the conclusion of a convict for a long time or until the end of his life seems more advantageous. This is due to the fact that the guilty person can receive a profession and perform labor duties throughout the entire period established in the sentence, and bring profit to the state. This will compensate for material and partially moral harm from the committed act. In favor of this option is the opportunity to correct or prevent a judicial error through the manifestation of humanity and compliance with religious, moral and spiritual principles. In this case, the death penalty becomes economically unprofitable and does not allow in any way to compensate for the gravity of the deed. Although some experts suggest using the bodies of the sentenced after execution for transplantation.
Finally
The problem of abolishing the execution is quite complex and multifaceted. It should be considered in a broad context. In this case, it is necessary to take into account the relationship of spiritual, moral, political, legal, socio-economic factors.As for the question of the abolition of capital punishment, a decision on this should be taken gradually, by increasing the level of civilization in society. It is important that the course of this process be natural and not involve coercion. In this case, there will be no desire in society in a number of practical situations to immediately turn to this exceptional measure.
