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2-2(82) 2014 LAW
N.A. Dudko
Operation of Criminal Procedural Law in Time
The establishment of the jury by the Act of the RF of July 16, 1993 was the most important stage of the court reform carrying in the Russian Federation. The admission of the RF Act of July 16, 1993 was preceded by rather a 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 concretely 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 case by jury in cases providing by the federal law». The article deals with the peculiarities of jury introduction in Russia. It was concluded that during the realization of the court system reform in the Russian Federation, the jury gradually applied over the territory of Russia, i.e. it was introduced stage-by-stage. Stage-by-stage introduction of the jury does not contradict to the constitutional regulations and is foreseen by the second chapter of the RF Constitution «Closing and transitional regulations». The article is based on doctrine and court practice. It analyses the problems concerning operation of criminal procedural law in time in the aspect of the implementation of the right of the defendant to jury.
DOI 10.14258/izvasu(2014)2.2-23
Key words: jury, the right of the accused to be tried by jury, criminal procedural law, operation of law in time
Full text at PDF, 344Kb. Language: Russian.
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