Gender Attribute in Sentencing to Life Imprisonment in Russian Criminal Law

Abstract

The article is devoted to the problematic issues of implementing the principle of equality of citizens in the regulations of the Criminal Code of the Russian Federation on life imprisonment. In particular, the authors consider the existence of gender discrimination against men in Part 2 of Article 57 of the Criminal Code of the Russian Federation, which includes a legislative ban on sentencing all women to life imprisonment. A comprehensive study of this aspect is conducted. The rules of law that confirm the principle of equality of citizens and prohibit discrimination are analyzed. Researchers’ opinions on the presence (absence) of discrimination against men are revealed. The legal position of the Constitutional Court of the Russian Federation and the European Court of Human Rights with regard to the rule of not sentencing women to life imprisonment, which violates the principle of equality of citizens, and prohibition of discrimination is considered. The authors’ position concerning the problem of the actual application of life imprisonment to men aged 18–64 years and ways to solve it are offered.