The Russian Criminal Jury: Recent Developments, Practice, and Current Problems
The existence of jury trials in modern Russia is perhaps surprising for foreign observers. Sometimes seen as a withering flower in a snowy country with bears, the jury is nonetheless a real, working institution in Russia. Its legislative and practical mechanisms will be presented in this Article, which is divided into three parts: Part I will analyze the history of the Russian jury before 1917, the subsequent Soviet development of the idea of lay participation in criminal justice, and the reintroduction of the jury in 1989–2002. The current legislation, case law, and statistical data will be the subject of part II. Part III will discuss the problems and perspectives of jury trials in Russia. A short conclusion will present an assessment of the present and the future.
The judicial statistics on criminal trial by the courts concludes about trace amount of absolutory sentences in modern Russia (0,8 %). The constitutional principle of doing justice by the citizens (for example: jury) is not getting development , but conversely is limiting by the «cutbacks» of the competence of the jury. The article presents a brief retrospective of development of jury trials in Russia , as well as reflect the participation in the establishment and development of jury at the present stage by the authoritative lawyer – S.A. Pashin. Author marked the most pressing problems of functioning of the jury in connection with the implementation the appellate from 1 January 2013. Article aims to acquaint readers with the participation of Personality - S.A. Pashin, in the establishment and development of jury which, need development in the future.
The Commentary deals with the German legislation on the legal assistance in criminal matters as well as some other states.
The author of the article on the basis of analysis of examples from judicial practice tries to draw the readers’ attention to the problems related to a new type of judicial proceeding — «On Special Procedure of Taking Judicial Decision in Conclusion of Prejudicial Agreement of Cooperation» (Chapter 40(1 of the Criminal Procedure Code) and proposes to evaluate the consequences of decision taken by the judge in the part of punishment for participants of procedure.
The article gives examples of the newest investigative-judicial practice. The analysis of such practice will allow to make a conclusion that definite algorithm of application of articles 108–109 of the Criminal Procedure Code of the Russian Federation taking into account the requirements of Chapter 40-1 of the Criminal Procedure Code has not been worked out so far.
The numerous verdicts on the cases with pre-judicial agreements on cooperation have entered into force. The analysis of these documents allows: firstly to reveal problems inherent for the new type of judicial proceeding, secondly, evaluate the consequences of application of chapter 40-1 of the Criminal Procedure Code of the RF for participants of the procedure. The reader is presented with four articles which analyze judicial practice.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/