PECULIARITIES OF CONSIDERATION OF CIVIL CASES WITH THE PARTICIPATION OF JURY IN UKRAINE

Abstract

The article examines the features of civil proceedings with the participation of jurors in Ukraine. It is determined that jurors all over the world are persons who, in cases specified by law, may be involved in the administration of justice and resolve criminal, civil and other cases. It is established that Until 2017 (until the relevant amendments to the Civil Procedure Code of Ukraine, which essentially became the basis for a new version of the codified act) in Ukraine there was both an institute of jurors and an institute of lay judges. Therefore, it was after the relevant changes were made that lay judges were replaced by jurors, although if we compare the mechanism of their functioning, only the name has changed. It is concluded that the importance of the participation of jurors in these categories of cases is traditionally associated with the provision of additional guarantees of respect for the rights of the individual in making appropriate decisions, given their exceptional importance for the legal status of the person. In fact, the participation of jurors is designed to enrich the court with life experience and values of society, which significantly affects the authority of the judiciary. It is established that today there are some arguments about the inexpediency of jurors in civil proceedings, so most of them are unprofessional, in particular the inability to properly assess the evidence provided by the court, as well as emotionality in decision-making. Such factors are considered more favorable for the accused, which is confirmed by the high level of acquittals with the participation of jurors in world practice. In any case, the jury trial is treated as more humane and gives the accused a better chance of proving his innocence.