Hindering the Development of the Jury Trail in Russian Federation and the Problems of Court Independence

Elvira Gubaidullina, Artur Gubaidullin

Özet


The relationship between the judiciary power and the jury is historically not simple in Russia. Despite the fact that after a long period of oblivion, this institution was returned still to the domestic legislation, the attitude to it continues to be ambiguous. This article attempts to find out the reasons for this state of affairs. Based on the analysis of modern scientific literature reflecting the opinions of practical employees of the judiciary power, such reasons are summarized in the appropriate categories: organizational, technical, material, personnel, psychological, procedural and political. In more detail, the article considered the material and the political circumstances. And if almost all studied sources focus their attention on the material aspect, the political reasons that impede the development of the jury trial in RF are similar to the hidden part of the iceberg: they are also large and hidden. The work emphasizes the need for a jury trial, the stabilization of the legislation developing it and its popularization among the population. Based on the results of the analysis, the main conclusion is drawn that the judiciary power in Russian Federation suffers from the process of power centralization, and thus it often fulfills the political will of the state.


Anahtar Kelimeler


Jury trial, Court independence, Political interests of the state.

Tam Metin:

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Referanslar


American Board of Trial Advocates (2013). Preserving a Fair, Impartial and Independent Judiciary. Dallas, Texas. URL: http://www.judges.org/wp-content/uploads/ABOTA-JudicialWhitePaper-final.pdf (Reference date: 2.04.2018)

Belyaev, M. V. (2017). Problems of trial provision in court with the participation of jurors. Reform of the jury in Russian Federation at the present stage: implementation problems and prospects: Proceedings of the International Scientific and Practical Conference, (pp.14-21). Kazan: Fatherland.

Ferejohn, J. (1999). Independent Judges, dependent Judiciary: Explaining Judicial Independence. Southern California Law Review, 72, 353-384.

Martyshkin, V. N. (2017). The jury: past, present, future. The jury trial in Russian Federation at the present stage: implementation problems and prospects: Proceedings of the International Scientific and Practical Conference, (pp.37-43). Kazan: Fatherland.

Moskovsky Komsomolets (2016). Reform of the jury trial: there will be a "legal revolution" in Russia. 9 February 2016. URL: http://www.mk.ru/social/2016/02/08/reforma-suda-prisyazhnykh-v-rossii-gryadet-pravovoy-perevorot.html (reference date: 2.04.2018).

Murphy, S. M. (2009). Reflections on Judicial Independence in the Criminal Justice System. Human Rights Magazine, 36(1). URL: https://www.americanbar.org/publications/human_rights_magazine_home/human_rights_vol36_2009/winter2009/reflections_on_judicial_independence_in_the_criminal_justice_system/ (Reference date: 2.04.2018)

Pashin, S. A. (2015). The jury trail at the last line. Republica, 9 April 2015. URL: https://republic.ru/posts/50271 (reference date: 2.04.2018).

Transparency International Georgia (2010). Refreshing Georgia’s Courts. Trial by jury: More democracy or a face-lift for the judiciary? URL: http://www.transparency.ge/sites/default/files/Trial%20by%20Jury.pdf (Reference date: 2.04.2018)

World Justice Project Rule of Law index 2017-2018 (2018). URL: https://worldjusticeproject.org/sites/default/files/documents/WJP_ROLI_2017-18_Online-Edition_0.pdf (Reference date: 2.04.2018)

Zalyaev, M. S. (2017). On the consideration of criminal cases by the Permsky Krai Court involving jurors in 2014 – 2016. Reform of the jury in Russian Federation at the current stage: implementation problems and prospects: Proceedings of the International Scientific and Practical Conference, (pp.23-32). Kazan: Fatherland.




DOI: http://dx.doi.org/10.7596/taksad.v7i4.1834

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