TRIAL BY JURY AS A GUARANTEE OF LEGITIMATE DECISIONS: CONSTITUTIONAL, LEGAL AND ECONOMIC PRINCIPLES

• Published in: Baltic Journal of Economic Studies Vol. 10; no. 2; pp. 33 - 41
• Main Authors: Berch, Veronika, Lankevych, Andriy, Bysaha, Yurii
• Format: Journal Article
• Language: English
• Published: Izdevnieciba “Baltija Publishing” 01.01.2024
• Subjects: constitution; corruption; criminal orders; economic impact; jury trial; legal liability; legality of a court decision; orders
• DOI: 10.30525/2256-0742/2024-10-2-33-41
• ISSN: 2256-0742

The article is devoted to the analysis of the constitutional, legal and economic foundations of the jury trial as a guarantee of legal decision-making. The issue of jury trial remains extremely relevant in the context of building a democratic society and the rule of law. In accordance with the principles of separation of powers, a jury trial is an institution which ensures public control over justice and significantly affects the legitimacy of court decisions. The subject of the study is the constitutional and legal relations related to the functioning of the jury, as well as the economic relations closely related to it. The study of this topic is important for ensuring the effectiveness of justice, protecting human and civil rights and freedoms, and increasing public confidence in the judicial system. The purpose of the article is to analyse the constitutional and legal framework and economic principles underlying the jury trial and determining its role as a guarantor of lawful decision-making in the judicial system. The methodology of the article includes the method of analysis, comparative method, empirical method, method of synthesis and generalisation of results, and historical method. The results of this paper include an analysis of the role and significance of the jury in the legal system, the peculiarities of its composition and procedural functioning, as well as its impact on law enforcement and human rights protection. The publication analyses the constitutional and legal framework of the jury as a guarantee of legal decision-making. The authors analyses the domestic and foreign experience of using a jury trial, examines its advantages and disadvantages, economic factors and impact, as well as the legal acts regulating the activities of a jury trial, and the principles and procedures underlying its functioning. It is concluded that the historical context of the development of the jury trial demonstrates its significant role in the administration of justice. When defining the role and functions of the jury in the modern legal system, one can note its important impact on ensuring fair trial and protection of citizens' rights. However, there are problems and challenges that require attention, in particular, the issue of increasing the effectiveness and inviolability of the jury in practice. The conclusion of the study is that the institution of jurors is crucial for ensuring the fairness of justice and public trust, is determined by the constitutional principles of ensuring its independence, requires improvement of legislation, training of jurors and consideration of economic consequences for its further development, as evidenced by the results of the analysis and comparative methods with the European and American experience.