The Generation of the Competitive Process in the Institute of Juridates in the Countries of the Common Law

Abstract

More than 20 years have passed since the beginning of the judicial reform, which changed the judicial system that existed in the Soviet era, the position of the court and the role of representatives of the population in the process of considering and resolving a criminal case. At the same time, the comparative legal aspects of the implementation of the adversarial principle with the participation of jurors still remain insufficiently studied, since there are practically no works, with the exception of some articles by N. V. Radutnaya, such as «Trial by jury in the continental system of law», «Juror in Criminal Procedure», which raised issues related to the emergence of an adversarial model of criminal proceedings with the participation of representatives of the people. The aim of the work is to develop a theoretical understanding of the genesis of adversarial proceedings in common law countries with the participation of jurors. This goal predetermined the need to identify the historical path of the formation and development of forms of participation of representatives of the population in the administration of justice in Ancient Greece, England and the United States. Particular attention is paid to the comparison of historical features that took place in a specific period of development of the state, which later served as the basis for the reception of provisions on the adversarial form of criminal proceedings with the participation of jurors in other countries. As a methodological basis, the work used formal and logical methods (induction, deduction, analysis, synthesis, hypothesis, analogy), the ascent from the abstract to the concrete, as well as some special scientific methods: historical, comparative legal, technical and legal. The theoretical significance of the work lies in the formulated conclusions, which can serve as a basis for the development of theoretical and practical provisions on the adversarial form of criminal proceedings with the participation of jurors in the Russian Federation in order to improve the current criminal procedural legislation.