Abstract
The article examines a number of current scientific and practically applied problems related to the functional aspect in the mechanism for ensuring the constitutional principle of independence of justice. According to the author, the judiciary has not acquired adequate functional independence, mainly because society has not developed a sustainable value of respect for an independent and impartial court. Society should experience a more active demand for the impartiality of the state in the event of contentious relations between people. With such social disagreement and imbalance of interests, special constitutional and functional guarantees of the independence and impartiality of justice are required. World (continuously) and domestic (with a certain historical “gap” during the functioning of the USSR) practice indicates that the most optimal way to achieve this goal is the functional separation of issues of law and fact, which in criminal proceedings is most effectively achieved through the coexistence and coordinated activities of a professional judge and a panel of independent jurors.
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