CLASSICAL JURISDICTION COURT MIGHT EARN IN UKRAINE 2021

Abstract

The Constitution of Ukraine stipulates that the people directly take part in the administration of justice by jury, the principle of their work is still based on Soviet practice. For the formal implementation of this norm of the Constitution, the court of lay judges in 2012 was renamed the jury, but in fact this institution is not a jury in the classical sense. Ukraine provides for jury participation in certain categories of cases in criminal and civil proceedings. Criminal trial by jury is an alternative to its consideration by professional judges and can only be carried out at the request of the accused for a certain category of crimes. In this case, the jury together with the judges decide almost all issues of legal proceedings. It was determined that even in those criminal cases where jurors are involved, their active participation in the trial is not recorded. In the course of the analysis, no single jury opinion was found, indicating that the jury fully agrees with the decisions drafted by a professional judge. An analysis conducted by independent public organizations shows that in the vast majority of criminal cases where there could potentially have been a jury trial, a panel of judges without a jury participated in the review. Only with respect to every seventh accused, the trial was carried out by jury. However, even in those criminal cases where the jury is involved, their active participation in the process has not been recorded. The analysis did not reveal any dissenting opinion of the jury, which indicates that the jury fully agrees with the decisions drafted by a professional judge. Today, Ukrainian courts are leaders in the anti-rating of distrust among citizens. Studies show that people are disappointed with the existing judicial system. The introduction of a real jury trial will change the trial from the inside and will strengthen public confidence.