Конституционный Суд Российской Федерации о суде присяжных в районных судах

Abstract

The article provides an overview of the decisions of the Constitutional Court of the Russian Federation on the limitation of the constitutional right of the accused to trial by the court with the participation of jurors in the transfer of the criminal case from the regional (regional) to the district court. The author analyzes the legal position of the Constitutional Court of the Russian Federation on the appeals of citizens who have committed crimes for which the death penalty or life imprisonment is provided. The reason for their consideration was the uncertainty in the question of whether the Constitution of the Russian Federation corresponds to the norms of the code of criminal procedure governing the jurisdiction of these criminal cases. The conclusions of the Constitutional Court of the Russian Federation on the jurisdiction of criminal cases to the jury are contradictory. The Constitutional Court of the Russian Federation found the restriction of the right to trial by jury when transferring the case to the district court of accused women and accused men over 65 years of age to be contrary to the Constitution of the Russian Federation. However, the Constitutional Court of the Russian Federation recognized the deprivation of the right to trial by jury of juvenile defendants in the transfer of the case to the district court as relevant to the Constitution of the Russian Federation. It is concluded that it is necessary to conduct further research and study the practice of jury trial in district courts, taking into account the legal positions of the Constitutional Court of the Russian Federation. Key words: jury, district court, the right of the accused to trial by jury, legal positions of the Constitutional Court of the Russian Federation.