DOI: 10.7256/2454-0706.2021.6.35721

Abstract: This study is devoted to the implementation of the constitutional right of citizens to participate in the administration of justice in the Russian Federation. The relevance of the topic is seen in view of the continuing problems associated with the legal regulation of the mechanism for attracting citizens to such participation. The paper uses formal-legal, system-structural, predictive methods, as well as methods of analysis, synthesis, deduction, induction, dialectical method. The author examines the controversial issues related to the implementation of the constitutional right to participate in the administration of justice, the problems of its implementation by citizens of the Russian Federation at the present time.The novelty of the research is manifested in the identification of the main problems of the realization of the constitutional right of citizens to participate in the administration of justice, as well as in the author's proposals for their solution. In particular, the study analyzes the problems existing in the functioning of the institutions of arbitration and jurors, evaluates the proposals of the legal community on the possible expansion of the scope of jurors. The author comes to conclusions about the need to make adjustments to the legal regulation of the procedure for involving arbitration assessors in the judicial process, taking measures aimed at changing the attitude of citizens to participate in the administration of justice; about the need to make adjustments to the legal regulation of the procedure for the formation of a jury panel, the premature expansion of the jurisdiction of criminal cases to a court with the participation of jurors and the inexpediency of extending the scope of the activities of jurors in civil disputes.

DOI: 10.25136/2409-7136.2021.3.35064

Abstract: The article considers the evolutionary transformation of securing the right of citizens to participate in the administration of justice. The author has carried out a detailed analysis of the origins of the birth of the right of citizens to participate in the administration of justice and formulated the main results of the development of the legislative consolidation of this right by referring to the analysis of legal acts of various historical stages and a comparative legal study of the experience of regulating this issue. In the course of the research, the author focuses on the evolution of the forms of citizens' participation in the administration of justice, the understanding of the citizen's competence in this area, the relationship with other political rights and freedoms of citizens. The author comes to the conclusion that the legislative consolidation of this right has a direct relationship with the social standards of a certain historical stage. The key aspects of the historical and legal development of the institution of citizens' participation in the activities of the courts can rightly be considered: - recognition of the fact of society's participation in the implementation of justice; - recognition of the institution of citizens' participation in the activities of the courts as a component of society; - registration of the institution of citizens' participation in the activities of the courts from the institution of society to a full-fledged component as part of state power;<- complication of the configuration of the circle of subjects of legal proceedings from the involvement of individuals as assessors directly in the court to the establishment of the right of these subjects to participate directly in the administration of justice. The author's approach to highlighting the forms of evolution of the legal regulation of the right of citizens to participate in the work of the judicial system seems to be original.