«Нуллификация» уголовного закона в суде с участием присяжных заседателей
The author analyzes the debatable and unclear concept of jury’s ‘nullification’ in contemporary Russian criminal procedure. The article begins with the definition of the nullification and proposing its types i.e. nullification in abstracto and in concreto including nullification due to personal sympathies and antipathies in relation to a defendant or a victim and due to exceptional excuses non recognized by the criminal law. Then author analyzes the current case law practice of the Russian Supreme Court and shows that the legally permissible cases of the nullification are exceptional today. The appellate practice of the Russian Supreme Court strongly restrict the defence in its attempts to call the jury for nullification. The problem lies in theoretical understanding of jury’s competence especially in relation to so-called the third question on guilt and innocence. The author concludes that the current practice should be more favourable to jury’s nullification.