2-1(82) 2014 LAW
N. A. Dudko
Scientific Basing and Legislative Strengthening of the Idea of Jury Revival in Russia
The establishment of the jury by the Act of the RF of July 16, 1993 was the most important stage of the court reform carried out in the Russian Federation. The research of the scientists-lawyers, discussing this issue, has become the theoretical base for the revival of the jury. The admission of the RF Act of July 16, 1993 was preceded by rather complicated and sufficiently lengthy preparatory activity of the legislative bodies of the USSR and RSFSR. The jury of July 16, 1993 was introduced in accordance with the fulfillment of the Article 166 of the RF Constitution of 1978. The constitution of the RF adopted on the December 12, 1993 confirmed and defined the jury regulations. The Constitution has secured not only the ability to exercise legal proceeding with jurors participation but formulated the right of the accused to be tried by jury: «The accused have the right to consider their cases by the jury in cases provided by the federal law». The author of the article comes to conclusion that the strengthening of the right of the accused to be tried by the jurors participation in the legal proceedings in the RF Constitution of 1993 is the result of long-term discussions concerning the necessity and expediency of the jury and also the result of successive legislative development of the right of the accused to choose the form of legal proceeding.
DOI 10.14258/izvasu(2014)2.1-19
Key words: jury, jurors, court reform, the right of the accused to be tried by jury
Full text at PDF, 272Kb. Language: Russian.
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