Guarantees of the Independence of Jurors and the Role of the Chairman in Their Implementation

Abstract

The problem of the independence of jurors is not new and sufficient attention has been paid to it in the domestic as well as foreign science of criminal procedure. Despite the results obtained by scientists, the domestic legislator still has problems leading to negative judicial practice in view of violations committed in the field of ensuring the independence of juries. This problem was especially relevant against the background of the expansion of the scope of the jury trial and an increase in the number of criminal cases considered in this form. One of the segments of this scientific direction is the underestimation of the role of the presiding judge, his powers, the implementation of which can either prevent a violation of the independence of the jury, or neutralize their consequences. Accordingly, the study of the powers of the chairman, the mechanisms of their implementation, aimed at ensuring the independence of jurors, is relevant. The purpose of this study is to develop a number of author’s proposals and recommendations for improving the criminal procedure law and the practice of its application in terms of ensuring the independence of jurors by the presiding judge. Within the framework of the stated goal, the following tasks were set: clarification of the meaning and criminal procedural content of the concept of “independence” and its interpretation in relation to the procedural position of jurors; determination of the set of procedural means that act as guarantees of the independence of jurors in criminal proceedings; allocation of the procedural powers of the presiding judge, aimed at ensuring the independence of jurors and identifying problems in their implementation; formation of author’s proposals to improve the legislative regulation of the powers of the presiding judge and recommendations on the practice of their implementation. Research methods: dialectical, analysis, synthesis, generalization, formal legal, comparative legal, heuristic, legal modeling. The results of the study were the author’s formulation of the concept of “independence of jurors”, proposals to clarify the totality of guarantees of the independence of jurors, as well as additions in terms of the totality of the powers of the chairman, aimed at creating the necessary conditions for the activities of jurors.