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ПОНЯТИЕ СУДА ПРИСЯЖНЫХ В ФОКУСЕ ИСТОРИКО-ПРАВОВОГО И СРАВНИТЕЛЬНО-ПРАВОВОГО АНАЛИЗА
The article is devoted to the search for a universal operational concept of a jury trial at the present stage of development of legal science. The need to search for such a concept, in the opinion of the author, is due to the diversity of both historical and modern models of this legal institution, as well as the frequent confusion in the academic literature of various forms of participation of the people in the administration of justice, caused by the lack of a generally accepted understanding of the essential features that definitively determine the institution of the court with the participation jurors. In this regard, in this paper, the author attempts to more clearly conceptualize the most general definition of a jury trial by identifying the essential features that define this form of legal proceedings and distinguish it from other types of popular participation in justice. This goal is achieved in the article through the analysis of historical models of courts with the participation of representatives of the people (including the ancient Greek helium, the ancient Roman courts, the permanent comitium (Questium), the veche and the institution of judicial men in Ancient Russia, the medieval forms of Sheffen courts, such as the themic courts in Germany and the courts echevens in France, as well as the prototypes of the modern institution of the English jury), and their modern forms that exist in foreign countries. Based on the results of the analysis, the author comes to the conclusion that the jury is characterized by two essential features, the absence of which in one or another model of the people's court does not allow us to call it a jury, namely, the unprofessionalism of the people's judges, as well as separate decision-making and differentiation of competence between them and professional judges. In conclusion, the author comes to the conclusion that all models of popular participation in justice that do not have the essential features of a jury trial are not such (even in the format of a "hybrid" or regional form of jury trial) and should be classified as Sheffen courts. Keywords: jury trial, jurors, jury trial models, sheffen court.