The article dwells on the contemporary situation in respect of the capital punishment both in international and national law. On the one hand, the death penalty is supposed to be forbidden and abolished as cruel and inhumane.On the other – the death penalty is an effective way to fight violence and crime Both points of view are supported by the arguments, based on the results of the scientific research, which though are controversial.The role of the capital punishment is widely debated on the international level as well as on national. Thus, last November the UN General Assembly has adopted the Resolution, which established a moratorium on executions with a view to abolishing the death penalty. In this respect some other actsof international law Meanwhile the situation in Russia seems to be very complicated. About 80% of population including many outstanding lawyers and public figures support the death penalty as the punishment for especially grave crimes, such as terrorism In fact, Russia has not used death penalty since 1996, but it is the part of the Russian law system.The article emphasizes that the tendency to the abolishment of the death penalty seems to be apparent. However, it will take much time for abolitionists to assure the adherents of the capital punishment that it is neither effective, nor humane. The univocal interpretation of the death penalty could be only the result of cooperation of the states and international bodies.