Browsing by Author "Kuznetsova, Liudmyla Valeriyivna"

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    Foreign experience in the formation of jury trials (based on the example of North American and European countries)
    (ГО «Всеукраїнська асамблея докторів наук з державного управління», ГО "Асоціація науковців України", Видавнича група «Наукові перспективи», 2025) Кузнецова, Людмила Валеріївна; Kuznetsova, Liudmyla Valeriyivna; Сібільова, Олена Вікторівна; Sibilyova, Olena Viktorivna
    In this article, the authors analyze the experience of the jury system as a component of democratic justice and the judicial system in foreign countries. They examine the advantages and disadvantages of introducing the jury system in countries belonging to the Anglo-Saxon legal family and the Romano-Germanic legal family. The authors examine models of jury trials in the United States and England (common and distinctive features of countries in the Anglo-Saxon legal family), Germany and France –the birthplace of the jury system in the Romano-Germanic legal family, as well as Georgia, which belongs to the Romano-Germanic legal family but has chosen the American model as its example.The process of reforming the judicial system in Ukraine is linked to the establishment of the court as an independent branch of government. Fair trial and adequate protection of fundamental human and civil rights and freedoms enshrined in the Constitution and international documents are possible under conditions of procedural legislation that is close to international standards. The development of a country's social and economic relations directly depends on its human potential, which is why studying foreign experience in implementing the jury system as a means of protecting human rights and freedoms is a crucial task for any social and legal state. Jury trials have undeniable advantages. These include the parties' right to form a jury by filing reasoned and unreasonable challenges, the independence of jurors from professional judges who may use their authority to influence jurors, and the absence of bias against the defendant, which is ensured by prior ignorance of the case materials and negative information about the defendant.The authors raise the question of the expediency of the jury system in Ukraine, given that cases are reviewed by professional judges in the appellate court. Under such conditions, if any of the parties to the proceedings disagrees with the court's verdict, it has the right to appeal the verdict to a higher court. The article states that the formation and functioning of a jury court is generally carried out in stages. First of all, it is necessary to distinguish between the judicial stage of forming a jury: determining the criteria for selecting jurors, compiling and approving their lists, and forming a jury as a stage of administering justice.