EXPANDING THE JURISDICTION OF THE JURY: PROBLEMS OF STABILITY OF LEGISLATION AND LEGAL TECHNOLOGY
DOI:
https://doi.org/10.52026/2788-5291_2022_69_2_134Keywords:
jury trial, stability of legislation, legal technique, jurisdiction, extension of jurisdiction, exclusion of duplication, appeal, cassationAbstract
The jury has established itself as a fair trial. Such justice is explained by the legal status of the jury trial, because in essence it is a kind of intermediate position between the government and the people. The independence of jurors is the main difference between a jury trial and a professional court. Therefore, a jury trial is necessary in a democratic society. There is a jury trial in Kazakhstan, but it is not in demand. The statistics provided on the consideration of cases by courts with the participation of jurors shows a significant reduction in such cases.
There is a need to expand the category of cases considered by jury courts. In the Address to the People of Kazakhstan «New Kazakhstan: the path of renewal and modernization» on March 16, 2022, the President of the Republic of Kazakhstan spoke about the expediency of expanding the category of cases involving a jury trial.
In order to increase the category of cases considered by courts with the participation of jurors, it is necessary to solve several legal problems. The first problem is the problem of the stability of the criminal procedure legislation, through the improvement of the norms governing the institution of jury trial. Such an approach is necessary in order to comply with legal techniques, since the simplicity and accessibility of the presentation of norms will avoid legal conflicts and will have a positive impact on law enforcement practice. The author's position of the article-by-article determination of the jurisdiction of the cases of the jury is presented.
The second legal problem is the duplication of norms, which is found in articles 52, 321, 631 of the Criminal Procedure Code of the Republic of Kazakhstan. The justification for excluding such duplication is presented, since it does not correspond to legal technique and clutters up the CPC of the Republic of Kazakhstan.
The third problem is the review of court decisions with the participation of jurors. The current practice of reviewing court decisions generates citizens' distrust of justice. The author's vision of reviewing such decisions in the court of appeal in an expanded jury is presented.