Shikhovtsova A.O. —
Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage
// Legal Studies. – 2021. – ¹ 4.
– P. 1 - 8.
DOI: 10.25136/2409-7136.2021.4.35375
URL: https://en.e-notabene.ru/lr/article_35375.html
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Abstract: The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement. Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.
Shikhovtsova A.O. —
Some aspects of the evolution of the legal regulation of the right of citizens (population) to participate in the administration of justice in Russia
// Legal Studies. – 2021. – ¹ 3.
– P. 1 - 8.
DOI: 10.25136/2409-7136.2021.3.35064
URL: https://en.e-notabene.ru/lr/article_35064.html
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Abstract: The article considers the evolutionary transformation of securing the right of citizens to participate in the administration of justice. The author has carried out a detailed analysis of the origins of the birth of the right of citizens to participate in the administration of justice and formulated the main results of the development of the legislative consolidation of this right by referring to the analysis of legal acts of various historical stages and a comparative legal study of the experience of regulating this issue. In the course of the research, the author focuses on the evolution of the forms of citizens' participation in the administration of justice, the understanding of the citizen's competence in this area, the relationship with other political rights and freedoms of citizens. The author comes to the conclusion that the legislative consolidation of this right has a direct relationship with the social standards of a certain historical stage.
The key aspects of the historical and legal development of the institution of citizens' participation in the activities of the courts can rightly be considered:
- recognition of the fact of society's participation in the implementation of justice;
- recognition of the institution of citizens' participation in the activities of the courts as a component of society;
- registration of the institution of citizens' participation in the activities of the courts from the institution of society to a full-fledged component as part of state power;<- complication of the configuration of the circle of subjects of legal proceedings from the involvement of individuals as assessors directly in the court to the establishment of the right of these subjects to participate directly in the administration of justice.
The author's approach to highlighting the forms of evolution of the legal regulation of the right of citizens to participate in the work of the judicial system seems to be original.