Guarantees and legal responsibilities as the main structural elements of jury status in Ukraine
DOI:
https://doi.org/10.31548/law2019.04.019Abstract
The main condition for ensuring the rule of law is the independence of the judiciary, which is not a prerogative or privilege and is not provided to protect the interests of its own judges but to protect the rule of law and all those who seek and expect justice. Judicial independence is a mean to ensure the impartiality of judges; therefore it is a prerequisite for the guarantee that all citizens will be equal before the court. Independence is a fundamental requirement that allows the judiciary to protect democracy and human rights.
Respect for the court is an integral part of the individual's respect for state power as a whole and an important guarantee of the timely, objective, impartial justice in Ukraine, and therefore the issue of ensuring and practicing the constitutional guarantees of the independence of judges and jurors – objects of justice.
The purpose of the study is to determine the factors influencing the implementation of the jury guarantees of independence and integrity, the conditions of their work and pay, as well as the responsibility of the jury during the conduct of legal proceedings.
Representatives of the people are professional judges and involved in cases provided for by law for the administration of justice, who are the carriers of the judiciary in Ukraine, who carry out justice regardless of legislative and executive power. In exercising justice, judges should affirm the independence and independence of the courts guaranteed by the Constitution and laws of Ukraine, increase the authority of the judiciary, ensure the binding decision of courts through fair, impartial and timely consideration and resolution of court cases, adherence to the judge's oath, proper legal reaction to the facts of pressure on interference with judicial activity and other unlawful encroachments on justice. If there is reason to believe that an attempt is being made to impose independence on the judge's impartiality, he must take measures to stop such an attack and bring the perpetrators to legal liability.
The jurors are subject to guarantees of independence and immunity of judges during their execution of their duties in the administration of justice. Independence of the jury is ensured by: the procedure provided for by law for the administration of justice; a prohibition, a threat of legal liability, any interference with the activity of justice; the established procedure for the selection of jurors; inviolability of the jury; providing at the expense of the state the material and social security of the jury.
Guarantees of realization of rights and performance of duties are one of the structural elements of the legal status of a jury.
Keywords: jury trial, judicial decision, jury rights, jury independence, jurors' immunity, jury accountability, jury fees
References
Virtuk, N.V. (1985). Legal status of the person in the USSR. Moskva: Yurid. lit., 175 (in Russian).
Unnamed, V.M. (2013). May be the subject of the decision of knowingly unjust sentence people's assessors and jurors: to the problem statement. The journal of the Kyiv University of Law, 3: 288–291 (in Ukrainian).
Nashik, T. (2014). Guarantees of the rights of jurors as a means of ensuring the legality of the court decision. Legal Bulletin, 6: 378–384 (in Ukrainian).
On the independence of the judiciary (2007): Resolution of the Plenum of the Supreme Court of Ukraine dated June 13, 2007, № 8. The official website of the Supreme Court of Ukraine. Available at: http://www.scourt.gov.ua (in Ukrainian).
On approval of the procedure for payment of remuneration and reimbursement of expenses for travel and hiring of housing, daily allowances for people's assessors and jurors during their duties in court (2002): Resolution of the Cabinet of Ministers of Ukraine dated October 11, 2002. Official bulletin of Ukraine, 42, 1930 (in Ukrainian).
On the Judiciary and the Status of Judges: Law of Ukraine dated June 02, 2016, № 1402-VIII. Available at: http://zakon2.rada.gov.ua/laws/show/1402-19 (in Ukrainian).
Rabinovich, P.M. (1997). Human rights and citizen in the Constitution of Ukraine (to the interpretation of the original constitutional provisions). Kharkiv: Law, 64 (in Ukrainian).
Shcherba, V.M. (2014). To the issue of responsibility of the jury. Scientific Bulletin of Uzhgorod National University. Series: Right. 24(4): 138–141 (in Ukrainian).
Law Encyclopedia (1998). Red.: Y.S., Shemshuchenko and others. Kyiv: Ukr. Encyclopedia, 1(A; G), 672 (in Ukrainian).
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