The jury in the Ukraine will move to a new level. It will happen if Parliament approves the package of government bills, be able a jury in court proceedings. The package was submitted to Parliament recently and has all chances to be approved. As a result, Ukrainian courts jury will not be exactly like similar institutions in the U.S. and other Western democracies, but is in fact very close to them. And another little known until now, the Institute can enter into the lives of each of us.
A package of bills proposed by the Cabinet, change the procedure for appointing the jury, and (most importantly) a mechanism for the court and its essence. Thus, the draft “On amendments to the Law of Ukraine” On judicial system and status of judges” concerning improvement of the procedure of forming the list of the jury” suggests that in the future the list of the jury will form the State judicial administration without the involvement of local councils. To do this, she will have access to the voter lists. In fact, every citizen of Ukraine can receive the invitation to become jury. But without the personal consent in the jury, nobody will write. And help still have to collect yourself. But, according to the authors, the approval of this project will allow to solve the “personnel problem” with the jury.
“Here, of course, also possible problems. For example, many do not reside at the place of registration, accordingly, will not receive the agenda”, – said the head of the Association of chartered of Ukraine Sergey sakhonenko.
But the main change carries the draft “On amendments to some legislative acts to ensure the participation of jurors in the administration of justice”. Key among them are the following:
The jury will be able to consider crimes for which the punishment from 10 years and above. In fact, this rule is unimportant will increase the number of cases that will be considered by the court. As for the most serious crimes provides for a maximum punishment of life imprisonment. That is, they may want to consider the jury and existing law. But some extension of the range of cases will still be. For example, under a trial by jury, if approved changes will be subject to conviction for espionage, sabotage, creation of illegal armed formations (article 260 of the criminal code), theft of weapons (article 262 and 410), rape with grave consequences, etc.
Criminal cases will consider the court, composed of seven jurors and one judge (now recall that three jurors and two judges). And only at the request of the suspect, the jury may be changed on a regular (now the opposite).
The jury will answer only one question: guilty or innocent suspect in the crime. Its decision, the jury is not obliged to explain. However, it needs “to provide a clear answer with the obligatory explanatory word or phrase that reveals the essence of the answer”.
After the announcement of the verdict of the jury, their participation in the trial ends. The decision on punishment based on the verdict of the jury shall judge.
If the jury decided that the suspect is not guilty, he straightway without delay be released from custody. The law of appeal from the decision of the jury remains unchanged: this decision may be challenged before the appellate bodies.