Проблемы формирования коллегии присяжных заседателей

Abstract

One of the fundamental problems of the effectiveness of criminal proceedings with jurors’ participation is the problem of the College of jurors’ formation. It is important to note that the unsolved this problem cannot provide the effectiveness of criminal proceedings with participation of jurors. The objective of this study is to establish the essential normative content of the mechanism of jury’s formation. Besides it deals with define the trends of its development and improvement. It must be admitted, that the application of the dialectical method of objective reality’s scientific cognition let to consider the stages of formation of the jury. Moreover, it was done fully, in correlation with other phenomena of social life and in according to its legal registration. This fact is connected with the distinction between the concepts of «preparing the preliminary list of jurors», «formation of the jury», «the preparatory part of the court trial». The analyzing date of the criminal procedure act recusals of jurors’ norms and its implementation in the judicial practice has allowed to conclude that the personal qualities of the speaker play an important role in the process of realization the citizens’ right of the Russian Federation to participate in the administration of justice. It is important to keep in mind that consideration these qualities could help to overcome a discussion about the correlation of rights, obligations and civil juror’s duties. The author used various methods of analysis to express and argue a number of his own positions, which reveal the «internal» technology of the court’s activities and of the parties to criminal proceedings for the resolution such a point as the allotment of jurors. The author worked on the basis of systematization of special literature in such a question as grounds and procedure of motivated and unmotivated branches of the jury’s applications. Moreover, he emphasized a significant contribution in the resolution of this question by the Supreme Court of the Russian Federation.