Смертная казнь и пожизненное лишение свободы без права освобождения: международно - правовые стандарты и законодательство Республиуи Беларусь ; The death penalty and life imprisonment without the right of release: international legal standards and legislation of the Republic of Belarus ; Mirties bausme ir kalinimas iki gyvos galvos be paleidimo galimybės: tarptautiniai standartai ir Baltarusijos teisės aktai

In: http://oai.elaba.lt/documents/38369462.pdf

Abstract

The work is aimed at the analysis of the practice of appointment and application of the death penalty and life imprisonment as a form of punishment in the Republic of Belarus; identification of the specifics and problematic aspects of the legal regulation of the death penalty and life imprisonment; provision of relevant information and legal framework on this issue. Respect for human rights and freedoms is a fundamental principle of international law, and the right to life is enshrined in many international instruments. In the work it was concluded that the issue concerning the use of exceptional criminal penalties is regulated in detail at the international level and the practice of using these types of punishment on the example of complaints of Belarusian citizens. The study showed that the judicial system of Belarus violated the provisions of the International Covenant on civil and political rights. The case-law of the European court of human rights on the death penalty and life imprisonment was also studied for a more detailed study of the topic. The work consists of two chapters. The first Chapter deals in more detail with the legal regulation of the death penalty and its abolition in international legal instruments, in the practice of the human rights Committee, the European court of justice, as well as the legal regulation of the death penalty in the legislation of the Republic of Belarus. The second Chapter is devoted to the issue of life imprisonment without the right to release in international legal documents and the practice of universal Treaty bodies, in the practice of the European court of human rights and, accordingly, the use of life imprisonment in the legislation of the Republic of Belarus. On the basis of this work it was found that the death penalty as a type of criminal is ineffective and violates human rights. With regard to the study aimed at the use of life imprisonment without the right to release, it should be noted that the practice shows the lack of proper correction of criminals, through complete isolation from society, and international instruments enshrine the right to parole sentenced to life imprisonment. The legislation of the Republic of Belarus provides for the possible replacement of further serving of life imprisonment with imprisonment for a certain period, but not more than five years, but so far there is no information about such cases. Moreover, it was concluded that life imprisonment does not work for the purpose of crime prevention, criminal justice and re-socialization of potential criminals.