Since the first days of Independence in the Republic of Uzbekistan judicial - legal reform which since August, 29, 2001, the day of acceptance of the Law ?On introduction of amendments and additions in Criminal, Criminal-Procedural codes and liberalization of criminal punishments? began to be carried out at qualitatively new level - at a level of fundamental democratization of criminal policy which is being conducted gradually step by step.

Adoption of the Decree ?On abolition of death penalty in the Republic of Uzbekistan? since January, 1, 2008 by the President of the Republic of Uzbekistan of August, 1, 2005, directed to e further liberalization of criminal punishments, gives a new impulse to the development of judicial - legal reform, testifies radical character of the transformations performed in the sphere of justice realization step by step. The Decree provisions completely solve one of the vital issues of society democratization - the question of death penalty.

Death penalty represented and represents the most severe criminal punishment ever applied by the state to criminals. Its use is irrevocable both concerning the condemned, and society as a whole. For this reason the question on abolition of death penalty has always been of great public significance everywhere, including Uzbekistan.

The expediency of its abolition as the necessary stage on the way of further progress and construction of a modern civilized society is obvious to all. However, how quickly is it possible to carry it out?

The given question causes serious disagreements, ones being for, and others - against abolition of a death penalty. Supporters of death penalty abolition substantiate it as: absence of dependence on the growth of criminality and death penalty abolition; death penalty abolition leads to avoidance of innocents\' life deprivation; the above kind of punishment contradicts the religious and moral norms; life imprisonment dooms the criminal to more tortures, than charges of life imprisonment. Expenses for life imprisonment are compensated with the drudgery; the living criminal is like a living reproach; no criminal - no crime.

Opponents of abolition, in their turn, prove that: abolition of death penalty is a necessary measure, but rather premature, (some states are not ready for such a decision); its abolition will inundate the country with a wave of criminality; punishment should match the crime; rights of the victim are as important as rights of the criminal; relatives of the victim are to contain the criminal as tax payers; the living criminal always has an opportunity to evade serving punishment; death penalty is a historical phenomenon.

The USA applies death penalty - and no problems; ?revengers? and ?lynch law? appear; the countries which have cancelled death penalty, have already regretted about it and are ready to introduce it again. Their reasons are not new ones - they have been cited and will be cited till the complete abolition of death penalty in all states.

The president of Republic Uzbekistan in August, 2001 Islam Karimov marked: ?In Uzbekistan the criminal policy regarding application of a death penalty fully corresponds to the world process and consistently reflects the principle of humanism penetrating the Constitution of Uzbekistan. It also corresponds to the traditions of our people at all times concerning the person, their lives as the greatest value given from above?. It was proclaimed 5 years ago, and even today, remains the essence and the contents of reforms carried out by the country for the further democratic renewal of public and state life, modernization of the country, results on liberalization of judicial - legal system work cause the necessity of abolition of death penalty as the kind of punishment and its replacement by life imprisonment or long-term imprisonment? by fair estimation of the President.

As a citizen of my country I have no doubts concerning the validity of these words. The policy conducted in the sphere of liberalization of the current legislation and law-enforcement practice as a whole and criminal in particular prove these words.

Gaining independence by our state occurred in complex historical conditions when the sovereignty was under construction on fragments of the former uniform state, its economy and all its structure being opposite to those purposes, which are pursued nowadays by us. We have got not only the destroyed economy as a heritage, and vicious methods of managing, but legal system as well. The criminal code of totalitarianism epoch for that moment contained more than thirty kinds of the crimes providing punishment as death penalty.

The new Criminal code of independent Uzbekistan accepted in 1994 has been created on the basis of integration of the standard principles and norms of international law into the national legislation, focused on conformity to requirements of the international standards both at the moment of acceptance, and on future. In the new Criminal legislation (the Criminal code of 1994) punishment as a death penalty was provided only for commitment of one of 13 crimes. However in 1998 Oliy Majlis reduced the number of these crimes in the Criminal code up to 8, in 2001 - up to 4, that were realized by acceptance of the Law ?On additions and amendments in criminal, Criminal Procedural Codes and the Code of Republic Uzbekistan on the administrative responsibility in connection with liberalization of Criminal punishments?. The given act has not only reduced the number of acts for which commitment the death penalty can be applied, but has also defined essentially new positions of social development of Uzbekistan. In December, 2003 the Law of Republic Uzbekistan ?On amendments and additions in some acts of Republic Uzbekistan? the death penalty has been kept only for commitment of murder under aggravating circumstances and terrorism that is for two especially grave crimes.

Thus, for 15 years of existence of independent Uzbekistan the opportunity of purpose of punishment as a death penalty has been reduced more than 15 times. Till January, 1, 2008 punishment as a death penalty can be applied only to the most ruthless, severe and cynical people whose existence threatens our society - to murderers and terrorists.

Irrespective of the gravity of the crime committed, according to the legislation, the verdict of death penalty to the minors (under 18 years), to women and men older than 60 is forbidden. It is such a step, which is yet to be taken by some civilized democratic states.

Besides the achieved results it is possible to note, that the consistent liberalization of judicial - legal system will allow Uzbekistan in January, 2008 to refuse death penalty completely.

Punishment as a death penalty has existed through millennium, and its victims are estimated in millions. The death penalty is applied practically in each state both considered civilized, and barbarous, in the states of Europe, and in the East. But today the number of supporters of death penalty punishment reduces, the growing recognition of value of a human life makes us look at this kind of punishment in the other way. According to its experience mankind becomes more and more convinced that the death penalty is not able to stop criminality and to strengthen moral principles of a society. Within last ten years on the average more than three countries annually abolish death penalty for all kinds of crimes. Now 112 countries have cancelled death penalty in the law and in practice, and 83 countries still resort to the maximum measure of punishment.

In the basis of the similar decision of a question on a death penalty in these states does not include necessity of criminality restriction. All researches conducted for the given sphere testify to absence of dependence between growth of crimes as violent (for example, murders), and nonviolent (for example, plunders, participations in the terrorist organizations) character and presence or absence of a death penalty. During the commitment of murders as the analysis of criminal cases shows, criminals do not think of punishment or if do they hope to evade from the criminal liability in general, including from death penalty. In its turn, it is possible to note, that in the countries where the death penalty is not applied, murders are repeatedly fewer than in the states where it is applied, growth of criminality in all countries is in a stream of universal tendencies of increased criminogenic intensity. Presence or absence of a death penalty as tool of a criminal policy does not influence on a crime rate significantly. The reality is thus.

The question on a cancellation of a death penalty arose in Europe at the end of XVIII century, but was finally solved only from the middle of the XX century, and in the USA where for the first time in modern history the death penalty was excluded from the legislation, death penalty has not cancelled till now. Europeans gradually ?got used? to idea about necessity of death penalty abolition , for the last 15 years of independence Uzbekistan has made more, than Europeans for the same period.

Making a speech on joint session of Legislative chamber and Senate of the Oliy Majlis of the Republic of Uzbekistan, President Islam Karimov once more emphasized, that ?we stand for evolutionary, consecutive character of reforms and transformations which are necessary to coordinate with the course of transformation of public attitudes and the way of life, strengthening of democratic values in people\'s consciousness?. In fact, preliminary necessary conditions for abolition of death penalty must be created in the state.

For this reason in the Decree of the President realization of a number of organizational - preparatory measures, including those connected with material and legislative maintenance of death penalty abolition was paid great attention. For the same reasons abolition of death penalty is not introduced immediately, but since January, 1, 2008.

Speaking about actuality and prospect of death penalty exception from the system of criminal punishments, the President of Uzbekistan reasonably specified, that ?death penalty abolition will demand wide explanatory work among the population first of all on substantiation of progress of our country on the way of formation of legal democratic state and civil society, strengthening of people\'s understanding of the necessity of further liberalization of criminal punishment, death penalty abolition including?. It, undoubtedly, a correct reference point in the decision of the given question. It is necessary for citizens to help to understand comprehensively developed situation concerning full death penalty abolition in Uzbekistan, correctly estimate political, social and legal efficiency of the elected strategy of achievement put by the head of the state and the government of the purposes, and ?to see? expediency and advantages of such decision. It is necessary to cause in people readiness to help the state in the decision of such important tasks, actively participate in strengthening democracy and its principles, in particular, principles of validity and humanism. And it is the best way to do it by means of informational-explanatory work spent everywhere, at every possible level: in mass-media, in the form of lectures and conversations with citizens at the enterprises, in the organizations, establishments, and mahallas.

This work must not be reduced only to the necessity of death penalty abolition. The basic attention should be paid to the reasons and factors causing such necessity. Thus, in my opinion, it is necessary to point out the following: application of a similar kind of punishment is unacceptable in truly democratic, human society, as well as in the society aspiring to celebration of democracy and humanism, guarding a human life, as integral, natural blessing and human rights, irrespective of its carrier a respectable, law-abiding citizen or especially dangerous criminal. People should understand that in a civil society and a lawful state it is possible to punish a criminal with the help of more civilized, human and fair means, without deprivation of his right for life, the latter should remain a prerogative from above. In this direction it is necessary to do a lot of work. It is obvious, that life conditions of the person condemned to death penalty should differ from conditions of those condemned to milder punishment.

First of all it will be necessary to study the corresponding legislation of foreign countries which abolished death penalty and possessing experience on providing corresponding circumstances of those sentenced to life imprisonment, and also the international minimal standards in this field and if possible to implement the investigated provisions (materials) in the national legislation.

It is necessary to note, that, despite insufficiently long history of independent development, Uzbekistan goes ahead of some countries naming itself democratic, in questions of establishment and observance of basic grounds of human rights. Perhaps, it does not look so convex and obvious, like in some other states, but this circumstance does not reduce present achievements at all.. In particular, the question of death penalty abolition, not resolved by some countries up to now, despite of more than their century history, has been solved by Uzbekistan consecutively and principally in 15 years after gaining independence, and it will practically come into force in 17 years.

It convincingly testifies once again about Uzbekistan adherence to the universal principles according to which the highest value is the person himself, his life, freedom, honor, dignity and other inseparable rights.

Mirzayusuf Rustambaev Senator Doctor of Law Professor