Правовое регулювання діяльності присяжних у цивільному судочинствi

Abstract

The article is devoted to the search for ways to improve the institution of jurors in civil proceedings in Ukraine, through the analysis of domestic legislation and progressive foreign in this area. The experience of functioning of juries in the proceedings of foreign countries is revealed, according to its basic models in world legal practice. The legislative regulation of this sphere was analyzed, the fundamental normative legal acts were indicated and the ways of improving the institute in Ukraine were singled out. It was noted that the Ukrainian jury has its own characteristics, namely our legislation clearly spelled out the requirements and guarantees for those who exercise the powers of a jury, the main requirements include: the status of a citizen of Ukraine, reaching thirty years of age, permanent residence in the jurisdiction of a particular district court extends. The paper also identified the following: there are certain models of jury trial in the world, namely European – mixed and Anglo-American – classical. Particular attention is paid to countries such as the United States, Britain and Wales, there is a legal comparison with Ukraine. Not only the current domestic and foreign legislation was analyzed, but also the practice of jurors in court. The considered opinions of scientists on the topic and identified differences in their statements, some scholars emphasize the importance of the institution in the legal system of our country, others neglect its effectiveness, quality and necessity. The paper highlights the idea that there is a big difference between the Ukrainian model of the jury and the Anglo-American one. Much attention is paid to the need to introduce a mechanism for regulating the simplified procedure by which to involve citizens in justice, will form a list of jurors; considered a way to ensure timely trial, to offer this is proposed through the possibility of withdrawal of the jury from the case; it is proposed to amend the number of jurors at the hearing and the budget program for the administration of justice, which currently does not cover all costs.