Abstract
Introduction. The article examines the evolution of the institute of jurors in Russia from the moment of its formation in 1864 to the beginning of the XX century by using a wide list of normative acts, works of domestic and foreign jurists, the works of the Commission for the Revision of legal provisions on the judicial part of 1894 and materials of law enforcement practice. In addition to assessing the all-Russian legislation, a historical and legal analysis of the regional legal framework of the period under review on the jury trial is being conducted. In particular, the paper reflects the peculiarities of the functioning of this form of legal proceedings in the Kuban region, based on archival sources. Theoretical Basis. Methods. The study was conducted using a wide range of both general scientific (the principle of historicism, analysis, comparison, induction, deduction, systematic approach) and private scientific methods of cognition (formal legal, historical legal, comparative legal). Results. The legislative consolidation of the legal status of the jury court in the normative acts of the Russian Empire was characterized by significant dynamism. Starting from the last quarter of the XIX and up to the beginning of the XX centuries, this institution was repeatedly reformed, in particular, with regard to the order of formation; jurisdiction of criminal offenses. These changes were due to the results of law enforcement practice; their assessment by government agencies. Significant work in this regard was carried out by the Commission to review the legal provisions on the judicial part at the end of the XIX century. In Kuban, according to archival sources, this form of legal proceedings was introduced only in 1906, which is explained by the national and ethnic characteristics of the local population, its legal awareness and legal culture. At the same time, even after 1906, estate judicial institutions continued to operate in the region, in which jurors did not participate. Discussion and Conclusion. Thus, the jury trial in Russia in the second half of the XIX – early XX century, despite certain shortcomings, was firmly entrenched in the system of domestic judicial proceedings and was abolished only in the post-imperial period – in 1917 In Kuban, this institution continued to function until 1920 – the establishment of Soviet power in this territory.
Published Version
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