Topical Issues of the Formation of the Legal Composition of the Jury

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Abstract

The article analyzes problematic issues related to the formation of the legal composition of the jury. In particular, the author analyzes the issues of selection of candidates for jurors, verification of information about them, and also considers problematic issues of the parties' statements of unmotivated challenges to candidates for jurors. Based on the analysis of the norms of legislation and judicial practice, the author makes proposals to improve the norms of the Criminal Procedure Code of the Russian Federation on the issues under consideration.

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About the authors

Elena I. Fadeeva

National research Mordovia state University. N. P. Ogarev

Email: fadeeva_ei.84@mail.ru
Cand. Sci. (Law), senior lecturer of the Department of criminal procedure, justice and prosecutorial supervision Saransk, Russian Federation

References

  1. On the application by courts of the norms of the Criminal Procedure Code of the Russian Federation Regulating Judicial Proceedings with the Participation of jurors: Resolution of the Plenum of the Supreme Court of the Russian Federation No. 23 of November 22, 2005 (with the following amendments and additions. dated May 15, 2018) [Electron. resource]. Access from help.- right. systems «Garant».
  2. Generalization of practice on consideration by the courts of the Republic of Sakha (Yakutia) of criminal cases involving a jury in the second half of 2020 and the first half of 2021 (approved by the Presidium of the Supreme Court of the Republic of Sakha (Yakutia) on December 17, 2021) [Electron. resource]. Access from help.- right. systems «Garant».
  3. Klochkov A.V., Puzenko Yu.A. Problems of jury work. The practice of the Volgograd Regional Court // Criminal process». 2020. No. 3. [Electron. resource]. https://vip.1jur.ru/#/document/189/792143 /.
  4. Statistics of the work of district courts and magistrates of the Republic of Mordovia in 2020. [Electron. resource]. http://usd.mor.sudrf.ru/modul php?name=stat&id=922.
  5. Statistics on the work of district courts and magistrates of the Republic of Mordovia in the first half of 2021. [Electron. resource]. http://usd.mor.sudrf.ru/modules.php?name=stat&id=964.
  6. See: for example, the Decree of the Presidium of the Supreme Court of the Russian Federation of April 15, 2015 No. 14 П15ПР (extract); the appellate decision of the Judicial Board on criminal cases of the Supreme Court of the Russian Federation of January 17, 2019 No. 13-АПУ18-4СП; appellate decision of the Judicial Board on criminal cases of the Supreme Court dated June 5, 2018 No. 32-АПУ18-6СП [Electron. resource]. Access from help.- right. systems «Garant».
  7. Appellate Ruling of the Judicial Board for Criminal Cases of the Supreme Court of the Russian Federation dated August 28, 2014 No. 20-APU14-24SP [Electron. resource]. Access from help.- right.
  8. Determination of the Appellate Board of the Supreme Court of the Russian Federation dated September 25, 2019 No. 77-APU19-3SP [Electron. resource]. Access from help.- right. systems «Garant».
  9. Tisen O.N. Formation of the jury panel (theoretical and practical problems): : abstract... cand. jurid. Sciences, Orenburg, 2009. 23 p.
  10. Cassation ruling of the Judicial Board for Criminal Cases of the Supreme Court of the Russian Federation dated April 6, 2011 No. 10-O11-4SP [Electron. resource]. Access from help.- right. The system
  11. Cassation ruling of the Judicial Board for Criminal Cases of the Supreme Court of the Russian Federation dated September 25, 2007 No. 68-O07-3SP [Electron. resource]. Access from help.- right. systems «Garant».
  12. The appellate ruling of the Judicial Board for Criminal Cases of the Second Court of Appeal of General Jurisdiction dated June 16, 2021 in case No. 55-277/2021 [Electron. resource]. Access from help.- right. systems «Garant».
  13. Lawyer-defender in court with the participation of jurors: monograph / [A.I. Amelin et al.; edited by L.D., Kalinkina]. Saransk, 2017. 172 p.

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