The Verkhovna Rada has taken an important step towards reforming the judicial system by adopting the draft law “On Jury Trials” in the first reading. This initiative aims to ensure greater citizen participation in the administration of justice and increase trust in the judicial system.
What does the draft law provide for?
Draft law No. 3843, which has been under consideration since 2020, proposes the introduction of a full-fledged jury system in accordance with Article 124 of the Constitution of Ukraine. The main provisions of the document are aimed at regulating:
- Juror Status
The draft law guarantees the immunity of jurors and provides for compensation for their participation in court proceedings. - Juror Selection Procedure
Candidates for the jury will be selected with the consent of both the defense and the prosecution. The judge will only intervene to resolve disputes. - Court Process Format
The jury trial will consist of a jury (8 persons) and a professional judge. The jurors will deliver the verdict on guilt, while the judge will determine the sentence and punishment.
Why is a jury trial needed?
According to the explanatory note to the draft, the introduction of jury trials is aimed at:
- Restoring Trust in Justice
Citizens tend to trust verdicts rendered by representatives of the people more than judges associated with the authorities. - Increasing Process Transparency
Juror participation will help reduce the risk of corruption and subjectivity in judicial decisions. - Fulfilling Constitutional Obligations
The Constitution provides for public participation in the judicial process, which has so far been implemented only formally.
How Will the Jury System Work?
The draft law is based on international standards and proposes clear criteria for participation. The jury panel is formed by Ukrainian citizens who meet requirements similar to those for judges. However, certain categories of individuals, such as civil servants or those with a criminal record, cannot serve as jurors.
Verdict and Sentence
Jurors will make decisions on guilt by consensus or majority vote. The judge, relying on the verdict, will approve the sentence. Acquittals can only be appealed due to procedural irregularities in the selection of the jury panel.
Possible Challenges
- Lack of Trust in the System
Despite the reform, the overall level of distrust in the judicial system remains high. - Organizational Difficulties
Finding, selecting, and training jurors can be a lengthy and complex process.
Conclusion
Introducing a jury system in Ukraine is a step towards democratizing justice, aimed at increasing trust in the judicial system. However, the effectiveness of this reform will depend on its implementation and the willingness of citizens to participate in the administration of justice.
This initiative could be crucial in ensuring fairness and transparency in judicial decisions, but its success will rely on societal support and political will.
