Exercise of the Right of Citizens to Participate in the Administration of Justice: Possible Ways of Reforming in the Criminal Process

2021 ◽  
pp. 69-75
Author(s):  
Veronika V. Yaselskaya ◽  
◽  
Alena V. Grishchenko ◽  
Keyword(s):  
Jury Trial ◽  
District Courts ◽  
Criminal Cases ◽  
Criminal Process ◽  
Administration Of Justice ◽  
Long Time ◽  
Constitutional Right ◽  
Soviet Russia ◽  
The One ◽  
The Right

The Constitution of the Russian Federation considers the jury as a form of citizens’ participation in the administration of justice, though it was not widely accepted for a long time. Recreated in the early 1990s, the jury trial suffered from limited powers. Subsequently, the range of criminal cases within its jurisdiction became even more limited. The jury expanded its jurisdiction when introduced to district courts in June 1, 2018. On the one hand, the expanded jurisdiction of the jury improves activities of the court and other participants in the criminal process. On the other hand, the changes did not result in the effective exercise of the right of citizens to participate in the administration of justice, which suggests the necessity of the jury’s further expansion. Since it is difficult not to ensure the participation of the jury in minor and medium gravity cases, the increase in the number of cases brought before a jury should occur at the expense of certain types of grave and especially grave crimes. The expansion of the jury competence on grave and especially grave crimes will not be a final solution to the problem of involving citizens in the administration of justice. In contrast to Soviet Russia, where popular representatives (lay judges) exercised control over the judges in all criminal cases at first instance, today, in most cases, justice is administered by judges alone. The people’s court has advantages over the sole consideration of the case, as it ensures open justice, increases the responsibility of professional participants in the process, and raises the prestige of performing judicial functions. It is possible to return lay judges to district courts for non-grave and medium-grave cases implying custodial punishment. Thus, the effective implementation of the constitutional right of citizens to participate in the administration of justice can be achieved through various forms. Expanding the jury’s competence at the expense of certain types of grave and especially grave crimes, the introduction of lay judges for non-grave and medium-grave crimes implying custodial punishment will promote a broader participation of citizens in the administration of justice.

scholarly journals THE CONSTITUTIONAL RIGHT TO A JURY TRIAL AND A FAST TRIAL: THE EXPERIENCE OF THE UNITED STATES

2021 ◽  
pp. 11-13
Author(s):  
V.V. Berch
Keyword(s):  
United States ◽  
Direct Democracy ◽  
The United States ◽  
Jury Trial ◽  
Professional Activity ◽  
The People ◽  
Administration Of Justice ◽  
Constitutional Right ◽  
The Right ◽  
Speedy Trial

The article is devoted to the consideration of the constitutional right to a trial by a jury, as well as the right to a speedy trial in accordance with the provisions of the Sixth Amendment to the US Constitution. It is noted that as of today in Ukraine there is a question of ensuring the actual (real) participation of the people in the administration of justice and the creation of an appropriate mechanism for the realization of such a right of the people. It is established that the permanent evolution of the jury trial in the world as a full-fledged element of participatory democracy allows us to assert the possibility of applying the best foreign experience in this area and for Ukraine. It is noted that the jury trial, which is typical for the United States, is undoubtedly a consequence of the borrowing of English legal customs, but has its own special features. It has been established that the right to a speedy trial should be distinguished from other constitutional rights, as it concerns the interests of society and the justice system more than the interests of the accused. The circumstances that suggest whether a trial is in fact "fast" are rather vague, as each such proceeding is to some extent unique. The requirements for members of the jury are set out in the Jury Selection Act. It is noted that the release of jurors varies depending on the state. One of the grounds for such dismissal is professional activity. For example, doctors, lawyers, public figures, police or firefighters. At the same time, this practice is gradually ceasing to be natural. It is concluded that the jury trial as a form of public participation in the administration of justice is undoubtedly a democratic legal institution. Direct democracy in the exercise of judicial power, which is carried out in compliance with the principles of publicity and adversarial proceedings promotes the establishment of citizens' faith in the fairness of judicial decisions.  

scholarly journals Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage

2021 ◽  
pp. 1-8
Author(s):  
Albina Olegovna Shikhovtsova
Keyword(s):  
Criminal Justice ◽  
Russian Federation ◽  
Legal Regulation ◽  
Population Increase ◽  
Jury Trial ◽  
Democratic State ◽  
Administration Of Justice ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement.  Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

A case of murder in eighteenth-century Mongolia

1969 ◽  
Vol 32 (1) ◽  
pp. 71-90
Author(s):  
C. R. Bawden
Keyword(s):  
Eighteenth Century ◽  
Sources Of Information ◽  
Criminal Cases ◽  
General Outline ◽  
Official Document ◽  
The Social ◽  
Administration Of Justice ◽  
Local Officials ◽  
Law And Justice ◽  
The One

In general outline the pattern of government in Outer Mongolia during the Manchu dyasty in not unfamiliar and it is a well-known fact that there was no judiciary as such, the administration of justice being only one of the various duties of local officials at various levels. A certain amount of work has been done on problems of law and justice, but there remain many problems of detail to be both raised and commented upon. Two lines of inquiry are open. On the one hand it is instructive to see how the processes of investigation and trial worked—how an alleged offence came to offical notice, who investigated, how evidence was recorded, what instances a case passed through, and how, and on what legal basis, it was disposed of. Other closely related technical questions concern the form and language of official documents. On the other hand, examination of criminal cases will afford insight into the social status, living conditions, and perhaps the psychology, of the persons concerned. It is in fact largely through the medium of legal and other official documents that we shall glean whatever information there is to be had about the day to day lives of individual persons in Mongolia under the Manchus, since other sources of information—journalism, biography, fiction, letters, memoirs, and so on—are non-existent. Apart from reports of criminal cases, some of which have been dealt with in model fashion by Klaus Sagaster, much information can be found in other types of official document, such as complaints submitted by ordinary people against officials, but in the present article we shall be concerned exclusively with the report of one criminal case dating from the late eighteenth century.

scholarly journals The Cultural Populism of Iosif I. Kablits (Yuzov) and its Foundations

2020 ◽  
Vol 19 (3) ◽  
pp. 641-653
Author(s):  
Gennadiy N. Mokshin
Keyword(s):  
Social Life ◽  
Cultural Work ◽  
Right Wing ◽  
Social Transformations ◽  
Leading Role ◽  
The People ◽  
Long Time ◽  
The One ◽  
The Right ◽  
The Masses

This article reconstructs the cultural doctrine of the famous publicist of populism (narodnichestvo), I.I. Kablits (Yuzov). To just equate Kablits views with the slogan of yuzovshchina would be a narrow interpretation of his kul'turnichestvo; the slogan is characteristic for extreme right-wing populism during the upsurge of the revolutionary populist movement (narodovol'cheskoe dvizhenie). In 1880, Kablits was the first of the legal populists to pose the question, What is populism? According to the publicist, true narodnichestvo should be based on the principle that the forms of public life of the people must be in conformity with the development level of their consciousness. The author explains Kablits evolution from Bakunism to a peasant-centered narodnichestvo by his interpretation of the reasons for the split between the intelligentsia and the people. Kablits considered them antagonists, and defined the ultimate goal of the narodniki as the liberation of the people from the power of the intellectualbureaucratic minority, the latter supposedly trying to subjugate the life of the masses to its will. The article analyzes the main provisions of Kablits sociocultural concept of social transformations: apolitism, populism, and the initiative of the masses. The article identifies the differences between his program of developing the cultural identity of the people, on the one hand, and other populists' understanding of the tasks of cultural work, on the other. Particular attention is paid to Kablits-Yuzov's attitude towards the problem of educating the masses. Kablits was one of the few Russian populists who opposed the idea that the foundations of the worldview of the people must be changed, arguing that this would eliminate the traditional moral values of the village, including the sense of collectivism. The author assesses how Kablits, the leading publicist of the newspaper Nedelya, contributed to the establishment of a cultural direction in narodnichestvo at the turn of the 1870s and 1880s. According to the author, Kablits played a leading role in shaping the ideology of the right flank of the cultural direction in narodnichestvo. However, the pure populism of Kablits turned out to be too pseudo-scientific, dogmatic and irrational to attract the democratic intelligentsia for a long time; the latter had already become disillusioned with the idea of the people as the creator of new forms of social life.

scholarly journals CRIMINAL PROSECUTION OF TERRORIST CRIMES IN JURY TRIAL: LEGALITY AND APPROPRIATENESS

2019 ◽  
Vol 7 (5) ◽  
pp. 674-677 ◽  
Author(s):  
Zyufyar Shakirovich Gataullin ◽  
Alexander Yurevich Epihin ◽  
Oleg Aleksandrovich Zaitsev ◽  
Ekaterina Pavlovna Grishina ◽  
Andrey Viktorovich Mishin
Keyword(s):  
Statistical Data ◽  
Jury Trial ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Constitutional State ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
The Right

Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others - categorically against such form of legal proceedings. Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling. Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase in efficiency of criminal legal proceedings. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of Criminal Prosecution of Terrorist Crimes in Jury Trial: Legality and Appropriateness is presented in a comprehensive and complete manner.

scholarly journals Legitimacy of the Dissolution of Beliefs by Community Organizations

2022 ◽  
Vol 3 (1) ◽  
pp. 35-45
Author(s):  
I Nyoman Budiana
Keyword(s):  
Community Organizations ◽  
The State ◽  
Constitutional Court ◽  
Belief In God ◽  
National Legal System ◽  
System 2 ◽  
Legal Position ◽  
Constitutional Right ◽  
The One ◽  
The Right

Article 28E paragraph (1) of the 1945 Constitution states "Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.” In paragraph (2), everyone has the right to the freedom to believe in his/her beliefs, to express his/her views and thoughts, according to his/her conscience. The constitutional guarantees for believers can also be seen in Article 29 of the 1945 Constitution stating that the state shall be based upon the One and Only God and the State guarantees all persons the freedom of worship, each according to his/her own religion or belief. The Constitutional Court affirms that the right to adhere to a religion or belief in God Almighty is a citizen's constitutional right, not a gift from the state. Therefore, the state is obliged to protect and guarantee the fulfillment of the rights of it’s the citizens to embrace a belief other than the six religions developed in Indonesia. However, in practice the dissolution of beliefs is actually carried out by community organizations. In this study, two things will be discussed namely: 1) What is the legal position of adherents of belief in the national legal system? 2) Do community organizations have the authority to dissolve religious beliefs? This research is normative juridical research, in which the problems in this research are analyzed qualitatively.

scholarly journals Przedstawiciel społeczny w transparentnym procesie karnym

2017 ◽  
Vol 69 (0) ◽  
pp. 21-37
Author(s):  
Paweł Czarnecki
Keyword(s):  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Community Organisation ◽  
Administration Of Justice ◽  
Protection Of Human Rights ◽  
Court Proceedings ◽  
The Right ◽  
Procedural Rights

The article analyses the rights and duties of a social representative in criminal proceedings (article 90 Code of Criminal Procedure). Participation in court proceedings may be declared, before the commencement of judicial examination, by a representative of a community organisation, if there is a need to defend a social interest or an important individual interest within the statutory purposes of such an organisation, especially in matters pertaining to the protection of human rights and freedoms. The representative of a community organisation who has been admitted to participate in court proceedings may participate in the trial, express their points of view and make statements in writing. The court shall admit a representative of a community organisation if it finds this to be in the interests of justice. This person shall not be allowed to ask questions to person questioned by the court, he has no right to make a complaint with the court, can`t submit motions for evidence and are not entitled to participate in a session or in an investigation. The author emphasizes the importance of participation by the citizenry in the administration of justice principle and the right to a fair and public hearing of his case. In article they were also discussed old draft bills in the position of social representative in criminal cases, and in particular the advantages and disadvantages of amending article 90 c.c.p. Amendment of 10 June 2016. The author argues that the changing of position will not increase the participation of the public in the proceedings, because the legislature did not admit procedural rights.

scholarly journals PRAWO I SĄDY NA LITWIE W 1812 ROKU W ŚWIETLE „DZIENNIKA CZYNNOŚCI TYMCZASOWEGO RZĄDU LITEWSKIEGO”

2016 ◽  
Vol 14 (2) ◽  
pp. 25
Author(s):  
Sławomir Godek
Keyword(s):  
Fundamental Importance ◽  
Official Journal ◽  
Official Language ◽  
Criminal Cases ◽  
Complicated Structure ◽  
Administration Of Justice ◽  
Death Sentences ◽  
Full Power ◽  
Russian Law ◽  
The Right

THE LAW AND THE COURTS IN LITHUANIA IN 1812 IN THE LIGHT OF THE OFFICIAL JOURNAL OF THE ACTIVITIES OF THE PROVISIONAL GOVERNMENT OF LITHUANIASummaryAt the very beginning of his Russian campaign of 1812 Napoleon created a somewhat complicated structure for the new administration of Lithuania. A key element in it was the Commission of the Provisional Government of Lithuania, a surrogate Lithuanian government. Virgilijus Pugačiauskas has recently published the Commission’s official journal, Dziennik czynności Komisji Tymczasowego Rządu Litwy, for the period from 2 July 1812 to 30 July 1813 from the manuscript. In the light of this invaluable resource, we can see the Commission’s efforts to build a new administration and revenue services, create a Lithuanian army, and ensure supplies for Napoleon’s forces. One of the important tasks undertaken by the Commission was to restore the judiciary, which had been disorganised by the war, and to ensure the normal administration of justice and the restoration of full power to the Statute of Lithuania, which had been in use under the Polish-Lithuanian Commonwealth and had already been partially supplanted by Russian law following the Partitions of Poland-Lithuania. An act which was of fundamental importance in this respect was the institution of a set of regulations for the judiciary Prawidła dla sądownictwa, adopted by the Commission on 29 July, 1812. Under this act the courts were temporarily to resume their activities only in criminal cases, on the grounds of Lithuanian law and using Polish as the official language. The Commission reserved the right to approve death sentences and – as may be seen from the minutes – actually used this power. The contents of the protocols indicate that the courts actually resumed operations in early August 1812. In October 1812 the Commission adopted a measure on the new organisation of the Vilnius municipal courts.

The Confessions Rule and the Charter

2010 ◽  
Vol 54 (3) ◽  
pp. 517-546 ◽  
Author(s):  
Hamish Stewart
Keyword(s):  
The Other ◽  
Supreme Court Of Canada ◽  
Constitutional Rights ◽  
Constitutional Principle ◽  
Trial Judges ◽  
Right To Silence ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The One ◽  
The Right

Abstract The confessions rule—the requirement that the Crown prove the voluntariness of the accused’s statements to persons in authority—is a well-established rule of criminal evidence and is closely connected with the constitutional principle against self-incrimination that it structures. The confessions rule is thus a natural candidate for recognition as a principle of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms. However, there are two distinct routes by which the confessions rule might be constitutionalized. Under the “rule of evidence” approach, the confessions rule would be recognized as an aspect of the accused’s constitutional right to a fair trial. Under the “rights violation” approach, the conduct of the state in obtaining an involuntary statement would be treated as a violation of the accused’s constitutional rights. In R. v. Singh, despite having previously adopted the “rule of evidence” approach, the Supreme Court of Canada applied the “rights violation” approach and linked the confessions rule very closely to the constitutional right to silence. In so doing, the Court conflated the distinct protections offered by the right to silence on the one hand and the confessions rule on the other, particularly when Singh is read in light of other recent cases that appear to weaken the confessions rule. Fortunately, the Court’s recent decisions concerning the confessions rule may also be read as instances of appellate deference to trial judges’ factual findings on voir dires. Thus, they leave room for the recognition that neither the right to silence nor the confessions rule is reducible to the other, and that each has a distinct role to play: the right to silence protects the accused’s decision to speak at all, while the confessions rule concerns the accused’s motivations for speaking as he or she did.

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