Народное участие в правосудии в современных славянских государствах

Abstract

The article introduces a comparative legal analysis of modern Slavic states in the sphere of lay participation. The methodological basis included general methods of cognition, as well as comparative the legal method (micro-comparison, diachronic, synchronic), the problem-chronological method, and the formal-legal method. The comparison was based on two main models of lay participation. The Shöffen model presupposes a collegium of a professional judge and non-professional assessors. The jury are independent from the judge and resolve issues of the fact of guilt or innocence, thereby formulating an acquittal or accusatory verdict. The study determined the widespread refusal of lay participation in justice in civil proceedings and its preservation as part of criminal trials in a special category of major crimes. Most Slavic states maintained the pattern of a judge and people’s assessors, which was established in the XX century in the countries of people's democracy. The Russian Federation replaced the Schöffen court with the jury trial.