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: 10.25136/2409-7136.2021.4.35375

Abstract: The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement.  Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.