Features of proof in cases considered by a court with the participation of a jury: some aspects

Authors
  • Omelyanenko M.E.

    M. E. Omelyanenko. Vladivostok State University of Economics and Service. Vladivostok. Russia

Abstract

The presentation of evidence by the participants in the process during the trial court with participation of jury has a number of peculiarities due to the specifics of trial in this form of judicial pleadings and regulated by Chapter 42 of the Code of Criminal Procedure of the Russian
Federation. Аarticle analyzes the problematic aspects of legal proceedings in court with the participation of a jury. The object of research is totality of social relations that develop during the course of judicial investigation in criminal cases, considered by court with the participation
of a jury. The subject of research is norms of the current Russian criminal procedural legislation, which regulate the specifics of proof in cases considered by the court with the participation of jurors, materials of judicial statistics and law enforcement. The purpose of
the study is to identify topical problems in the study of evidence in court with the participation of jurors. Work methods. In conducting the research, in order to obtain a scientific result, statistical, comparative legal and formal legal methods based on the principles of scientific
knowledge were used. Theoretical, normative and empirical basis of research. When studying the procedure for legal proceedings in cases considered in court with participation of jurors, author used scientific publications on the topic of research, analyzed regulatory features of
the trial in this category of cases and the situation of foreign states governing institution of jury. Because of study, the problematic aspects of judicial investigation were identified, affecting content of jury's verdict. The empirical basis of the study is the decisions of the courts
of different regions of the Russian Federation and statistical data of the Judicial Department at the Supreme Court of the Russian Federation.


Keywords: criminal proceedings, jury trial, proof, judicial investigation, limits of investigation
of the actual circumstances of the case.