Abstract
A prerequisite of the research of issues covered by this paper is the relevance of the existing problem of collecting and checking personal data of jury members (or jury member candidates) to verify information reported by them at the stage of jury formation. The purpose of this research is to define a link between checking the personal data of jury members and the legal nature of jury proceedings and to find a balance between the need to restrict access need to ensure the legal composition of the court. To address these issues, the paper studies doctrinal approaches of Russian and foreign scientific literature, uses analysis methods, legal-technical and comparative-legal methods. This research has found that collecting and verifying personal data of jury members is typical of Russian and foreign models of proceedings in a jury court. However, a balance between the need of such research and ensuring the independence of jury members in the Russian court practice is not always observed, which is caused by gaps in legal regulation. Therefore, it seems interesting to study approaches to legal regulation of such practice in foreign models (anonymous jury and conditions of disclosing data of jury members; restricting the right to collect data of jury members in the USA after adjuration). These research results are new since they have not been described in the Russian legal periodicals and monographic literature. New research results are represented by describing problems of obtaining information of jury members by prosecution authorities, which is relevant for Russia and has never been studied before.
Highlights
The legal practice of considering criminal cases with a jury has brought attention to the problem of collecting and checking the personal data of jury members at various stages of legal proceedings and during further stages of the criminal process
This need collides with the issues of ensuring judicial independence of jury members determining restriction of access to personal information on jury members. Resolving this collision has a significant theoretical and practical value for court proceedings with jury members. This is a purpose of this paper whose goal will be checking two hypotheses: 1. Verifying personal data of jury members is typical of this form of court proceedings and is observed in its statutory regulation and legal practice; 2
The limits of such checks are defined by the balance of values: the need to restrict access to personal data of jury members as a guarantee of their independence and the need to ensure the legal composition of the court, which prevents reporting incorrect personal data by jury members
Summary
The legal practice of considering criminal cases with a jury has brought attention to the problem of collecting and checking the personal data of jury members (or jury member candidates) at various stages of legal proceedings and during further stages of the criminal process. In this manner, checking personal data of jury members being a relevant guarantee of ensuring the legality of the court composition is objectively necessary and caused by the essence of jury proceedings suggesting that objective and impartial representatives of society take part in justice. Verifying personal data of jury members is typical of this form of court proceedings and is observed in its statutory regulation and legal practice; 2 The limits of such checks are defined by the balance of values: the need to restrict access to personal data of jury members as a guarantee of their independence and the need to ensure the legal composition of the court, which prevents reporting incorrect personal data by jury members
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