Revista Jurídica Portucalense (Dec 2022)
Features of regulatory regulation of state financing of maintenance of jury trial in Ukraine
Abstract
The article analyses the peculiarities of legal regulation of state funding of jury trial maintenance in Ukraine. It has been established that public funding of the judicial system in Ukraine is currently extremely limited, which is a consequence of the economic crisis in Ukraine due to the temporary annexation of the Autonomous Republic of Crimea, permanent military clashes in the east of Ukraine and the global pandemic coronavirus. It has been proven that in economically developed countries of the world the level of state funding of the judicial system directly depends on the economic potential of the state and its stable position in the world economic market. Therefore, it is necessary for Ukraine, first of all, to move towards increasing its position on the global economic market and overcoming all manifestations of economic crisis. It has been established that jury trial is one of the key institutions of judicial power, the judiciary, and was created to implement the principle of direct participation of people in the administration of justice, which is confirmed by the provisions of the Constitution of Ukraine: "Jury trial" No. 3843 of 14.07.2020 and "About the introduction of amendments to certain legal acts of Ukraine due to the adoption of the Law of Ukraine "About jury trial" No. 3845 of 14.07.2020, have proved the urgency of further improvement of jury trial mechanisms, but only in the criminal proceedings, because in case of their adoption by the Supreme Council of Ukraine, jury trials will not have any legitimacy in civil proceedings. On the basis of the cited statistical data it was established that the monetary compensation for jury trial in Ukraine is minimal in comparison to the USA, Canada or France. On the other side, the UK, on the contrary, does not provide in its legislation for monetary compensation of jurors; only travel and per diem compensation exist. The high level of jury monetary compensation depends first of all on the social and economic development of the country. The conclusion is drawn that the legislator's actions of the recent years are directed at the classical jury trial model, which exists in many countries of the world, with an appropriate level of financial assistance and an appropriate level of logistical support.
