MODELS FOR FORMING A JURY PANEL IN RUSSIAN AND FOREIGN CRIMINAL PROCEDURE LEGISLATION: COMPARATIVE LEGAL RESEARCH

Abstract

The formation of a jury panel ensures the objectivity and impartiality of the jury and its ability to fairly resolve a particular criminal case. The objectivity of the jury’s assessment of the evidence is determined by its own objectivity and open-mindedness, which, in turn, is the key to a just verdict. Purpose of the study: to analyze the criminal procedure mechanism for forming a jury panel in Russia and foreign countries in order to identify ways to optimize it. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study allows to determine the content of the criminal procedure mechanism for jury panel formation; to carry out three typologies of models of this stage of jury trials under the legislation of various countries (by the degree of proceduralization of jury panel formation, by the ratio of the powers of court and parties in jury panel formation, by the procedural possibilities of the parties to influence the jury composition). It is concluded that the Russian procedure for the jury panel formation is a type of models: with incomplete (partial) proceduralization of the elements of the mechanism for the jury panel formation; with parity participation of the parties and court in the formation jury panel; with sufficient procedural opportunities of the parties to influence the composition of the jury panel. The article determines the vector of development of the criminal procedure legislation of the Russian Federation in the direction of expanding the proceduralization of this stage and solving the problem of the grounds for motivated challenges.

Keywords

• jury trial
• juror
• panel formation
• motivated challenge
• unmotivated challenge
• proceduralization
• jury verdict