Ukraine will have a full-fledged jury trial: Rada approves draft law as a basis
5 December 14:26
Today, on December 5, the Verkhovna Rada approved as a basis a draft law on a full-fledged jury trial in Ukraine. This was announced by MP Yaroslav Zheleznyak, Komersant ukrainskyi reports.
In particular, the Rada approved as a basis the draft law No. 3843 on jury trials, which was submitted four years ago – on July 14, 2020.
In total, MPs adopted two laws on jury trials as a basis:
no. 3843 – the Law on Trial by Jury. 232 MPs voted in favor.
3844 – Law “On the Judiciary” in connection with the jury trial. The document was supported by 237 MPs.
According to a broadcast from the session hall by Oleksiy Honcharenko, a member of the European Solidarity faction, MP, it appears that the MPs first voted to combine the consideration of the two bills and consider them under a shortened procedure. Thus, the draft law on the establishment of the court was adopted in the first reading with revisions. They also supported the document on amendments to judicial legislation.
Although the Constitution of Ukraine provides for the possibility of people’s participation in the administration of justice through juries, the principle of their work is still based on Soviet practice.
Trial by jury: what is proposed in the draft law
Draft Law No. 3843 states that a jury trial is a form of direct realization of the natural right of the people to the administration of justice enshrined in the Constitution of Ukraine. Such a court will hear criminal cases at the first stage of the trial.
The jury consists of one professional judge and the jury bench. The judge presides over the session and is responsible for procedural matters, but does not participate in the decision on the guilt of the accused.
The jury consists of eight citizens of Ukraine permanently residing within the judicial district. The composition of the jury is formed on the basis of a random automated selection of jurors.
After hearing the case, the jury decides on the charges (verdict).
Who can become a juror
A juror can be a citizen who has reached the age of 21 and is a permanent resident of the territory covered by the jurisdiction of the relevant court. Officials, attorneys, notaries, etc. will not be able to become jurors.
A person selected for jury duty is obliged to inform the court of the circumstances that make it impossible for him or her to participate in the administration of justice. Failure to provide such information, if available, entails bringing the perpetrators to justice.
Thus, if a person is selected as a juror, he or she must fulfill his or her duty.
Who cannot be a juror:
- persons recognized by the court as having limited legal capacity or incapacitated;
- persons who are registered in a narcological, psychoneurological institution in connection with treatment for alcoholism, drug addiction, substance abuse and/or have chronic mental or other diseases that impede the exercise of the rights and duties of a juror;
- persons who have an outstanding or unexpunged criminal record and/or are a participant in criminal proceedings as a suspect or accused;
- officials, lawyers, notaries, etc.
A citizen selected to the list of jurors is obliged to inform the court of the circumstances that exclude his or her participation in the administration of justice. Failure to provide such information, if available, provides for bringing the perpetrators to justice.
