Life imprisonment: a relic of the past or dira recessitas

¹ The Far Eastern branch of the Federal State Budget-Funded Educational Institution of Higher Education “The Russian State University of Justice”, Department of Criminal Law, Khabarovsk, Russia
² Amur State University, Department of Civil Law, Blagoveshchensk, Russia
³ Krasnodar University of the Ministry of Internal Affairs of Russia, Stavropol, Russia
⁴ Saint Petersburg University of the Ministry of Internal Affairs of Russia, Saint Petersburg, Russia
⁵ The Academy of the Ministry of Internal Affairs of the Republic of Tajikistan, Dushanbe, Tajikistan

^* Corresponding author: tu-m-an@yandex.ru

Abstract

The existence of life imprisonment in the criminal legislation of Russia is assessed ambiguously both by representatives of Russian science and by foreign analysts. This problem is many-sided and ambiguous in its content. Its solution depends on a large number of variables, sometimes independent of the subject of analysis. These include trends in criminal policy, the state of crime in the state, and the related “punitive claims” of the population. The balance of Domestic and International Interests in ensuring Human Rights is the key idea in analyzing life imprisonment from the perspective of historical viability or reality. The purpose of the research was to clarify the place and role of life imprisonment in the current system of criminal punishment based on the analysis of doctrinal approaches, the practice of the Constitutional Court of the Russian Federation, the European Court of Human Rights, and statistical data. The work is based on the use of such general scientific methods of research as dialectical, statistical, comparative-legal and hermeneutic. The above methods are used in interaction to obtain a synergistic effect. In the course of the study, the “deterrent” mechanism of the most severe punishment in the criminal system was found to be sufficient. It is determined that life imprisonment is a necessary measure to ensure social justice, albeit cruel, but appropriate in today’s society.