Проблемы совершенствования деятельности суда присяжных в современной России

The author, a Commissioner on human rights of the RF, presents a report in accordance with item 2 of the clause 33 of the federal law concerning commissioners on human rights, which decree possibility of preparing special reports on separate problems of human rights preservation. One of the major elements of the court-legal reform in Russia was undoubtedly the rebirth of the jury, called for normalizing and making more effective the judicial system, promote formation of a new law thinking and in the end to become a guarantee of irreversibility of democratic reforms in the State and the society. One has to pronounce, the author says, that at least at first stages the institution of juries has not told sufficiently upon the quality of justice. Juries’ verdicts sometimes evoke not less misunderstanding than court’s decisions adopted without them. Many organizational and methodological questions need specification, first of all questions connected with choice of juries. Growth of law thinking has not yet taken place and feed-back with the society acts feebly. But the author has presented this report not because there were some complains on the work of the jury. The Commissioner hopes to attract by it attention to the problems of the jury development in Russia. And it depends on how the jury’s practice is being formed, will it become an effective instrument of human rights and freedoms defense, or will remain unclaimed.

Опубликовано: Безопасность Евразии. 2004. № 4 (18). С. 229-243.