CRIMINAL PROSECUTION OF TERRORIST CRIMES IN JURY TRIAL: LEGALITY AND APPROPRIATENESS

Abstract

Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others - categorically against such form of legal proceedings.
 Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling.
 Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase in efficiency of criminal legal proceedings.
 Applications: This research can be used for the universities, teachers, and students.
 Novelty/Originality: In this research, the model of Criminal Prosecution of Terrorist Crimes in Jury Trial: Legality and Appropriateness is presented in a comprehensive and complete manner.