Russian legislation has established the involvement of citizens in a verdict in court cases. This principle is specified in 32 article 5 of the main document - the country's Constitution. Citizens are involved in the exercise of judicial law only as a jury. The role is limited in representing the interests of the Russian public. To date, only criminal hearings of regional significance are submitted to the court of assessors. In civil proceedings, practice involving citizens is not applied, although this is stipulated in the aforementioned article of the Constitution of the Russian Federation.
Legal status of jurors. The basics
The situation of citizens involved in adjudication brings them closer to the head of the court. Based on h. 1 Article. 11 of the Law on the Judicial System, they are not judges. Features of the status of jurors lies in their temporary position and authority. They are participants in the proceedings as long as the proceedings are ongoing.
Throughout the duration of the hearing, members of the jury have the status of judges in relation to their independence. In other words, a citizen makes a decision on a case independently without external influence on his decision. Any jury influence is punishable by law.
Who can be on the jury?
The procedure for the election of a jury has legislative support. Choosing participants in the trial, the court relies on Art. 3 of the Federal Law of August 20, 2004 N 113-ФЗ "On jurors of federal courts of general jurisdiction in the Russian Federation". Which defines the list of requirements for candidates. Candidates are not considered if it:
- persons under 25 years old;
- citizens with a previous conviction, and she remained outstanding or not withdrawn;
- by a court decision relating to the legally incompetent or having judicial limitation of legal capacity;
- persons who are registered in a neuropsychiatric dispensary, are addicted to drugs, alcohol, other substances prohibited by law and registered in drug addiction departments;
- persons involved in police investigations as suspects or accused in court;
- citizens who cannot attend court hearings due to mental or physical disabilities;
- an obstacle to participation in a court may be a language barrier; persons who do not speak the language of the hearing are not allowed to sit as a jury.
In addition, the age of the candidate may not exceed 70 years.
Candidate Lists
The legislation of the Russian Federation strictly regulates requirements, the selection procedure, the status of jurors. At the end of every four years, lists of persons - candidates for juries are formed. In accordance with Art. 4 of the Federal Law "On jurors of federal courts of general jurisdiction in the Russian Federation", candidates are selected by executive authorities. Two lists are compiled, the first of which is the main, the second is the spare. They contain the names of candidates who have permanent residence and stay in the region and meet the requirements for assessors. The purpose of compiling a reserve list is the timely replacement of a person from the main list who, for whatever reason, cannot take part in the consideration of a court case.
It is important that the reserve list consists of the number of candidates not exceeding 25% of the total in the main list.At the same time, the persons included in the reserve list are elected from those who live in the administrative unit where the court is located.
Jury selection
The status of jurors requires certain rules in the selection of candidates. Based on data on voters, executive and administrative bodies conduct random selection of candidates using the State Automated System "Elections".
According to the selection results, the lists are adjusted based on the requirements for the status of jurors. Persons inconsistent with Art. 3 of the Federal Law, as well as in cases where a person submits an application about the impossibility of fulfilling the role of a jury. The reason for the refusal may be:
- the language barrier;
- health status;
- refusal is accepted from persons who have reached the age of 65;
- the position of judge, inquiry officer, lawyer, bailiff, detective, working in private order - if the person continues to carry out activities or the term for its termination is less than five years;
- military personnel and those dismissed in retirement, if five years have not passed since the dismissal;
- service in the ranks of the church;
- work in psychotropic drug trafficking supervision bodies, in customs and internal affairs bodies, during the period when a civil debt has been enforced in court, and if five years have not passed from the moment of dismissal from the duty station.
Credentials
Art. 333 of the Code of Criminal Procedure of the Russian Federation contains the powers of a jury:
- Participation in all aspects of the criminal case, clarification of issues and data of interest, familiarization with all case materials. Inspection of material evidence and documents in the case is carried out directly in the courtroom.
- To make requests through the chairperson for an explanation of the norms and laws voiced in the process.
- Record the necessary and important facts of the case.
The status of jurors does not allow them to leave the courtroom during the hearing, to discuss the trial with third parties, to speak out before the verdict is issued, to study and collect information on the hearing case outside the courtroom, to transmit information to third parties regarding discussions in the deliberation room.
Paragraphs 1, 2 and 4 of Part 1 of Art. 299 of the Code of Criminal Procedure of the jury to answer questions in the questionnaire during the meeting. The interrogators have the right to mitigate the punishment by indicating this in the verdict and based on Art. 339 Code of Criminal Procedure.
Empowerment: how it goes
The status of jurors, the procedure for vesting powers is determined by the laws of the country, namely, Art. 326 Code of Criminal Procedure. It forms the procedure for compiling lists on the basis of which jurors are vested with powers of such.
The number of jurors in the Russian court is 12. In addition, there are 2 additional seats in the collegium, if one of the main assessors for some reason cannot take part in the hearing, one of the two additional candidates will replace him. Spare jurors are endowed with the same rights as complex ones.
The deadline for citizens to fulfill their jury obligations is 10 days once a year. If the hearing provides for a longer period, then the presence of the assessor is extended for the entire duration of the trial.
Role in court
According to the laws of the Russian Federation, the status of jurors is mandatory for selected persons. And it is defined not only as the right to make court decisions, but also as the duty of a citizen of the country.
The status of a jury is equal to the status of a judge who presides in the courtroom. The difference is in how the verdict is issued by a commission of citizens.
After the parties to the defense and the accusation, the jury is given evidence of evidence indicating the defendant’s guilt or innocence of the act. At the end of the hearing, the panel of assessors is invited to a separate room where they answer questions about the hearing. Namely:
- on the evidence or unprovenness of an unlawful act;
- the guilt or innocence of the defendant, based on evidence and evidence;
- evidence or evidence indirectness;
- on the recognition of the defendant guilty or innocent.
Based on the answers of the jury, the judge pronounces the verdict. This limits the role of the jury in the trial. On current issues concerning the legal side, the judge decides on his own.
Provision of jury material rewards
From the period of participation in the trial, the jury shall be charged a salary equal to half the salary of a judge, calculated on the basis of the number of days of the trial. This amount should not be less than that received by the jury at the main place of work. Funds are paid from the federal budget. Travel expenses and transportation to the place of court are subject to compensation in the manner and amount for the court in a particular region. During the performance of a civil debt, the main workplace is maintained, and the term is included in the length of service.
Description and differences of jurors and arbitrators
The foundations of the legal status of jurors and arbitrators are regulated by the laws of Russia. Jurors appear in the courts of the Russian Federation at a level above the district level. Usually they are attracted to consider criminal cases.
Every four years, the lists of the main and reserve members of the jury are updated. The number of persons and information about them are provided to the governor of the region and then to the municipal representative office. Immediately before the court session, the chairman selects candidates from the lists.
The difference between arbitration assessors is that they appear only in the courts of first instance. Attraction of citizens to consideration of cases occurs at the request of the parties. The board consists of one professional judge and two arbitration assessors.
Arbitration assessors may be represented by chambers of commerce and associations. Legal powers are equated with judicial. Resolve mainly economic disputes.
The immunity of assessors
Law of the Russian Federation No. 113 in Art. 12 states that jurors, members of their families and their property are inviolable for the period provided for by legislative acts. The Constitution of the Russian Federation provides for the rights and freedoms of judges and jurors of jury and arbitration tribunals, as well as the Federal Law on December 31, 1996 “On the Judicial System of the Russian Federation”. Law enforcement agencies ensure the safety of those involved in litigation.