Problem aspects of determining the jurisdiction of a court with the participation of jurors in the conditions of reforming the judicial system
Автор: Grinenko Aleksandr Viktorovich, Chistilina Darya Olegovna
Журнал: Симбирский научный Вестник @snv-ulsu
Рубрика: Юриспруденция
Статья в выпуске: 1-2 (39-40), 2020 года.
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The article is devoted to the issue of determining the jurisdiction of a court with the participation of jurors. This form of legal proceedings appeared in Russia due to the Judicial reform of 1864. The English and French models of similar institutions were taken as a model. The purpose of introducing a jury trial in Russia was to eliminate the lawlessness of officials. At that time, a fairly large number of crimes were assigned to the jurisdiction of courts with the participation of jurors. However, over time, the jurisdiction began to decrease, which was due to a number of social and political reasons. It should be noted that a reasonable approach is important in determining jurisdiction, especially in courts with the participation of jurors, where it is necessary for ordinary citizens to use their everyday experience and common sense in resolving the issue of the defendant's guilt. The modern court with the participation of jurors also faced the problem of the correctness of the definition of its jurisdiction. In our opinion, it is not appropriate to automatically determine it in accordance with the level of courts at which such a form of legal proceedings operates, since it does not take into account the specifics of such a court. The systematic reduction of jurisdiction of court with participation of jurors does not contribute to its wider application.
Court with the participation of jurors, jurisdiction, criminal cases, criminal procedure, forms of criminal proceedings
Короткий адрес: https://sciup.org/14117491
IDR: 14117491