Розгляд цивільних справ за участю суду присяжних в Україні

Abstract

The article is devoted to the issues of retrospective analysis of the development of the jury trial in Ukraine, starting from its actual origin in the ancient Russian state and ending with the modern period, analysis of the peculiarities of civil cases involving jurors, But both then and now, controversy over him continues. There are supporters who consider it the most democratic institution in the country, which helps to reduce cases of unilateral and biased civil cases, increase public confidence in justice, and there are opponents who advocate its complete elimination due to a number of existing shortcomings. -political institution of power. It is worth noting that the development of the institution of a jury trial in most civilized countries was based on both the English experience and their own legal traditions and national characteristics. In general, the practice of introducing juries in different countries of the world shows that acting as an indicator of national legal awareness and readiness for reform, the jury, on the one hand, reflects the characteristics of the society in which it operates, and on the other hand - affects changes in professional and everyday legal awareness. Peculiarities of consideration of civil cases with the participation of jurors are determined. Emphasis is placed on the fact that there is still a division of competence between a professional judge and jurors. The participation of jurors in civil proceedings is aimed at ensuring the tasks of civil proceedings, which include fair, impartial and timely consideration and resolution of civil cases in order to effectively protect violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities. persons, interests of the state. The administration of justice with their participation is aimed at the observance of civil procedural form, due process, principles of civil procedural law, and the exercise by litigants of their procedural rights and responsibilities. This will increase the personal responsibility of judges for their decisions and rulings in civil proceedings. The procedural position of jurors is regulated by the norms of the Constitution of Ukraine, laws and bylaws. In itself, the idea of such a form of justice with the participation of representatives of the people in order to control the judiciary and increase public confidence in it is quite good, because it benefits both the state and society. However, the analysis of current legislation, case law shows a lot of shortcomings and problems in the jury trial, which require their elimination. There is a need to adjust the existing practice on this issue, taking into account the position of the European Court of Human Rights. It has been found that the jury has deeper problems, which arise from the problems of other spheres of public life. Lack of clear and detailed regulation by the legislator, unwillingness to work with such a system, irresponsibility and even unprofessionalism of officials who compile lists of jurors, judges and much more lead to defects in the activities of this court. It should be noted that the study of approaches to solving the problems of civil cases by a jury indicates the need to improve existing legislation.