Jury trial as an element of democratization of the judiciary

Authors

  • G.Z. Kozhakhmetov
  • M.B. Rakhimgulova

Keywords:

jury trial, democracy, popular participation, the principle of the presumption of innocence, justice, judicial power, the functioning of the jury trial,, the jury, the criminal process, the proceedings.

Abstract

Investigating the criminal procedural norms describing the conditions and the mechanism for the implementation of the jury trial in the Republic of Kazakhstan, it should not go unmentioned that its significance in this process can undoubtedly be considered very important. Of course, the narrow nature of the expression associated with the criminal process is of such importance. At the same time, it is in the context of such a narrow nature, and there are all sorts of arguments about the essence of democratization of public administration through law. The article is devoted to the role of the institution of jury trial as an element of democratization of the judiciary, reflected in its purpose and ability to fulfill this mission. The content of such an exceptional institution as a jury is studied and studied from the standpoint of its existence as a way of democratization of society. The correlation of the objectives of the jury trial in the criminal process, its actual state and the possibility of performing this function through the current design of the rules governing the existence of jury trials are analyzed. The article deals with the essence of democracy, as a judicial system and law, as an instrument for regulating public relations Authors have made attempt to give the answer to a question: «why does the jury
trial take place in the structure of the criminal procedural legislation?».

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Published

2018-06-30

Issue

Section

THEORY AND HISTORY OF STATE AND LAW