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THE ROLE OF A PROFESSIONAL JUDGE IN A COURT INVOLVING A PEOPLEВ’S ELEMENT IN WORLD PRACTICE

A. Kozyavin, D. Chistilina

Abstract

The aim is to conduct a comparative legal research of the functioning of various forms of legal proceedings with the participation of the peopleВ’s element in foreign countries. The authors pay special attention to the definition of the role of a professional judge in such courts. Its methodology includes both the general scientific methods and the specific juridical methods of cognition. The result of the research is an identification, separation from the multifaceted legal experience of developed democratic countries and substantiation of the most optimal legal regulatory features of such institutions in terms of their functional purpose. In keeping with democratic values, the modern society of most post-Soviet countries with the development of legal culture comes to the realization that citizens should be able to exercise control over the activities of law enforcement authorities and criminal justice. These institutions of civil society (as recent scientific research confirmed) only contribute to improving the quality of pre-trial investigation and ensuring fair justice. The forms of criminal justice responsible for ensuring the participation of citizens in the administration of justice in the state are those that enable the individual to participate directly in the decision-making of the judiciary by implementing the principles of genuine democracy and civic self-regulation. Today in world practice there are two of them: a classical model of the jury and the court of lay assessors. Moreover, each of them provides for a well-defined (wide or narrow) powers of a professional judge, on the extent of which depends the degree of independence of citizens and the final prospects for the development of the system of people's democratic justice, its effectiveness and ability to social and legal adaptation due to influence of different social factors on them. Thus, the development of an optimal model of the functioning of the court with the participation of the people's element is a socially-systemic task that requires a comprehensive dogmatic, comparative legal and political and legal approach in order to form the model of the jury, which is more consistent with the legal system of the state.

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DOI resolver: doi.org/10.5593/sgemsocial2018/1.2/S02.114

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