陪审团审判是合法裁决的保障:宪法、法律和经济原则

V. Berch, A. Lankevych, Yurii Bysaha
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摘要

文章专门分析了陪审团审判作为法律决策保障的宪法、法律和经济基础。在建设民主社会和法治的背景下,陪审团审判的问题仍然极为重要。根据三权分立的原则,陪审团审判是一种确保公众对司法进行监督并对法院判决的合法性产生重大影响的制度。本研究的主题是与陪审团运作有关的宪法和法律关系,以及与之密切相关的经济关系。对这一主题的研究对于确保司法的有效性、保护人权和公民权利与自由以及增强公众对司法系统的信心具有重要意义。本文旨在分析陪审团审判所依据的宪法和法律框架及经济原则,并确定其作为司法系统合法决策保障者的作用。文章的研究方法包括分析法、比较法、实证法、结果综合与概括法和历史法。本文的成果包括对陪审团在法律体系中的作用和意义、其组成和程序运作的特殊性及其对执法和人权保护的影响的分析。该出版物分析了陪审团作为法律决策保障的宪法和法律框架。作者分析了国内外使用陪审团审判的经验,研究了其利弊、经济因素和影响,以及规范陪审团审判活动的法案及其运作的基本原则和程序。结论是,陪审团审判发展的历史背景表明了其在司法中的重要作用。在界定陪审团在现代法律制度中的作用和职能时,我们可以注意到它对确保公平审判和保护公民权利的重要影响。然而,也有一些问题和挑战需要关注,特别是在实践中提高陪审团的有效性和不可侵犯性的问题。本研究的结论是,陪审员制度对于确保司法公正和公众信任至关重要,由确保其独立性的宪法原则决定,需要完善立法、培训陪审员并考虑其进一步发展的经济后果,分析结果以及与欧美经验的比较方法证明了这一点。
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TRIAL BY JURY AS A GUARANTEE OF LEGITIMATE DECISIONS: CONSTITUTIONAL, LEGAL AND ECONOMIC PRINCIPLES
The article is devoted to the analysis of the constitutional, legal and economic foundations of the jury trial as a guarantee of legal decision-making. The issue of jury trial remains extremely relevant in the context of building a democratic society and the rule of law. In accordance with the principles of separation of powers, a jury trial is an institution which ensures public control over justice and significantly affects the legitimacy of court decisions. The subject of the study is the constitutional and legal relations related to the functioning of the jury, as well as the economic relations closely related to it. The study of this topic is important for ensuring the effectiveness of justice, protecting human and civil rights and freedoms, and increasing public confidence in the judicial system. The purpose of the article is to analyse the constitutional and legal framework and economic principles underlying the jury trial and determining its role as a guarantor of lawful decision-making in the judicial system. The methodology of the article includes the method of analysis, comparative method, empirical method, method of synthesis and generalisation of results, and historical method. The results of this paper include an analysis of the role and significance of the jury in the legal system, the peculiarities of its composition and procedural functioning, as well as its impact on law enforcement and human rights protection. The publication analyses the constitutional and legal framework of the jury as a guarantee of legal decision-making. The authors analyses the domestic and foreign experience of using a jury trial, examines its advantages and disadvantages, economic factors and impact, as well as the legal acts regulating the activities of a jury trial, and the principles and procedures underlying its functioning. It is concluded that the historical context of the development of the jury trial demonstrates its significant role in the administration of justice. When defining the role and functions of the jury in the modern legal system, one can note its important impact on ensuring fair trial and protection of citizens' rights. However, there are problems and challenges that require attention, in particular, the issue of increasing the effectiveness and inviolability of the jury in practice. The conclusion of the study is that the institution of jurors is crucial for ensuring the fairness of justice and public trust, is determined by the constitutional principles of ensuring its independence, requires improvement of legislation, training of jurors and consideration of economic consequences for its further development, as evidenced by the results of the analysis and comparative methods with the European and American experience.
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