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Regular version of the site

Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Aleksandra Martynenko
Protection of the Right to Life in the Constitutional Law of Russia
Public Law
(Master’s programme)
2018
The purpose of the research is consideration of the approaches to the question of compliance with the obligation of the state to protect the right to life.

The main objectives are: a) analysis of the theoretical aspects of the regulation of the right to life in Russian law, analysis of modern concepts of understanding the right to life existing in domestic and foreign doctrine; b) comparative analysis of the international and Russian experience of the functioning of the institute of the right of life protection.

Based on the conducted analysis the following conclusions are formulated.

Firstly, the determination of the moment when the right to life remains a wide margin of appreciation to national authorities. The analysis of the legislation of the Russian Federation allows to draw a conclusion that in the Russian Federation there are no preconditions of constitutional protection of embryos. At the same time a number of branch laws indirectly contains the norms protected the rights of embryos.

Secondly, on the issue of the specificity of the restriction of the right to life on the example of the death penalty, it is noted that the restriction of the right to life is regarded as the limits established by the state to guarantee this right. Taking into account the international legal trends in the development of mechanisms for the protection of the right to life, as well as taking into account the obligations assumed by the Russian Federation, it can be said that at current moment there is an irreversible process of the abolition of the death penalty.

Thirdly, with regard to the functioning of mechanisms for the protection of the right to life in the context of appropriate standards for the fulfilment of obligations to protect the right to life, it is noted that the European Court of human rights has formulated specific standards to ensure that states meet the criteria which is sufficient to use appropriate mechanisms for the protection of the right to life.

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