THE HISTORY AND CHALLENGES OF REINTRODUCING TRIAL BY JURY IN RUSSIA

This article examines the history of trial by jury as practiced in Russia from 1864 to the present. While implementing court reforms, Alexander II intended to eliminate deficiencies in Russia’s Justice System, such as the slow consideration of cases, disenfranchisement of the accused and incessant corruption. Introduction of jury trials in post-Soviet Russia became possible due to the democratic changes in the early nineteen nineties and the rejection of totalitarianism. In nine regions of Russia, the reintroduction of trials by jury and the practical implementation of this institution were considered to be an evolutionary tool for reforming Soviet legal precedent, which was inquisitional in form and reprising by nature, especially with controversial proceedings. In particular, the introduction of jury trials made it possible to legitimize the rule that evidence obtained in violation of legal norms is inadmissible in procedural law. It also made the process of abolishing the death penalty in Russia irreversible. In this article, the author analyzes current trends in the development of Russian trials by jury. Among them is a tendency for the increased competence of jury trials. The method that appeared during judicial system development is the method for misleading the juror during consideration of a case. What’s more, it’s worth mentioning that the accused is not currently allowed to speak in the presence of the jury during the preliminary investigation about tortures inflicted upon him/ her designed to solicit confessions. Prosecuting authorities carry out “operational support” of the processes. The article is also concerned with the problem of “nullification”.

• Pashin

• Социальные (общественные) науки