Characteristic features of foreign models of production in court with the participation of jurors: the experience of formation and development

Taking into account the lack of conceptual ideas about the jury trial as a form of administration of justice and the degree of its influence on the general system of administration of justice, the purpose of the article is a scientific analysis within the framework of the methodology of scientific research of the characteristic features of models of judicial proceedings involving juries in foreign countries in various historical periods of time. It is the presence of archaic conceptual representations of the legal nature of jury trial models that does not allow the effective implementation of this procedural institution. The subject of the study is the analysis of the characteristic features of the jury trial at various stages of the trial, inherent in different models formed in historical periods of time in different countries. For this purpose, a systematic method is used based on the perception of the entire proceedings in a jury trial while simultaneously analyzing its models in order to identify distinctive features and their interrelationships within the framework of ensuring their integration unity. The historical and legal research method was used to analyze the genesis and evolution of the development of the legal nature of the formation and development of various models of citizen participation in the administration of justice. The author concludes that there are legal models based on the Anglo-Saxon and continental systems of law, forming hybrid models characteristic of each country or group of countries separately, taking into account political, socio-economic conditions, national traditions and interests, and at the same time taking into account the experience of other countries. The main distinguishing features of such models consist either in a consolidated approach to the resolution of questions of law and fact by jurors and judges, or they resolve them separately, where the actual circumstances of the case are examined by jurors, and the presiding judge resolves legal issues related to the imposition of punishment. Also, the distinctive features of the models of citizens’ participation in the administration of justice are manifested in determining the numerical composition of the jury. It should be noted that the features of the modern Russian model of citizen participation in the administration of justice are characterized by hybritization, borrowing features of the Anglo-Saxon and continental legal systems.