TO ISSUE ABOUT DEFINITION OF POWERS OF JURORS DURING CONSIDERATION OF THE CASE IN COURT
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
Article is devoted to consideration of important questions of activity of jury in criminal proceeding. However considering practical aspects of participation of jurors in criminal proceeding the attention to granting smaller powers is paid, than it is demanded by practice. In this regard, expedient there is an operating time of scientific recommendations about increase in volume of the rights and duties of jurors by consideration of lawsuits. The problem of adoption of independent decisions is analysed by jurors. In this regard, we consider to make expedient changes in the Criminal Procedure Code of Ukraine concerning definition of powers of jurors: they have to resolve an issue of guilt of the person, and to define a measure of punishment professional judges. Also the question of increase in number of criminal offenses, productions on which can be considered by jurors is considered. Concerning competence of jury of Ukraine, in the course of improvement of his functioning, the offer on expansion is expedient and the jury has put inclusion in a circle of defendants on especially serious crimes for which punishment in the form of imprisonment for the term of over 10 years (the p. 5 of Art. 12 of the Criminal Code of Ukraine) is prescribed. These crimes don’t represent a large number, and their consideration by jury according to the petition of the defendant won’t burden courts. And such decision, in turn, will allow to provide democratic character of justice, availability of jury to a bigger circle of people that, respectively, will give them additional guarantees of justice.
Authors and Affiliations
К. В Волохова
Keywords
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