Jury trial and future prospects its improvement in the Russian criminal procedure legislation

Jury trial is traditionally one of the topics that constantly attract the attention of scientists. Despite the fact that a lot of research has been carried out, significant results have been obtained in terms of solving numerous problems, there are still not isolated issues that occupy scientists and practitioners. It should be noted that to date, the fundamental problems have not been solved, for example, the conceptual apparatus, the principles of criminal proceedings and their implementation in the conditions of a jury trial, the social and legal assessment of the results of the jury trial, and others. The purpose of this study is to demonstrate the incompleteness and the urgent need to continue fundamental research, as well as to offer the scientific community author's conclusions and conclusions on a number of conceptual issues. The research objectives are related to this goal and included: the study of the theoretical foundations of the jury trial, its history, legislative and other normative legal acts; identification of gaps in the conceptual apparatus and the development of approaches to their elimination; the study of scientific papers on the principles of criminal justice; compilation of a review of scientific literature on fundamental issues of jury trial; study of the results of related scientific research (sociology, economics, psychology, IT technologies, etc.).

The study was conducted using a set of methods, including theoretical, empirical and combined methods of obtaining, processing and evaluating the information received (dialectical, analysis, generalization, logical, system-structural, formal-legal, comparative-legal, linguistic-legal). Various types of interpretation of criminal procedural norms were also applied: literal, restrictive, distributive, etc.

As a result of the conducted research, author's conclusions, conclusions were formulated and some problematic judgments of a theoretical and law-enforcement nature were formulated: the definition of a jury trial was presented; the legal status of some ideas underlying the organization and functioning of a jury trial (justice, publicity, collegiality) was specified; promising scientific directions for the continuation of jury trials were identified; in particular, the mechanism of ensuring the independence of jurors in the domestic criminal procedure law.

Some conclusions served as the basis for proposals to improve the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation), in particular Article 5 (basic concepts), as well as Article 8.1.

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