Суд присяжних як форма безпосередньої демократії в Україні: виклики та перспективи його становлення

The purpose of this article is to conduct a comprehensive constitutional and legal analysis of the institution of jury trials as a form of direct participation of the people in the administration of justice in modern Ukraine, as well as the problems and prospects of its development. Based on the conceptual framework presented, it can be argued that the jury trial represents one of the most effective forms of direct democracy. In the context of Ukraine’s current constitutional development, the jury trial plays an important role in ensuring fairness and transparency in judicial proceedings. The Constitution of Ukraine explicitly provides for public participation in the administration of justice through juries. However, the constitutional right of Ukrainian citizens to participate in the administration of justice via jury trials in cases defined by law has not been fully realized. Moreover, even the limited instances in which jurors have been involved in the adjudication of certain categories of cases have often taken place in violation of existing legislation. These circumstances highlight the need for reform of this institution, taking into account international legal standards and the particularities of Ukraine’s legal system in the post-war period.Reforming the jury trial system in wartime conditions presents significant challenges. Nevertheless, such reform is essential to preserve the traditions of constitutional democracy. The main direction of the reform process should include addressing several urgent issues: introducing a classical model of jury trial that maintains a balance between public participation and judicial independence; ensuring the independent status of jurors during the adjudication process; and improving the procedures for compiling jury lists and enhancing jurors’ qualifications.

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-09-27
Primary Topic
Jury Decision Making Processes
Type
article
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article

Суд присяжних як форма безпосередньої демократії в Україні: виклики та перспективи його становлення

Scientific periodicals of Ukraine
Jury Decision Making Processes
article

Суд присяжних як форма безпосередньої демократії в Україні: виклики та перспективи його становлення

article en

Abstract

The purpose of this article is to conduct a comprehensive constitutional and legal analysis of the institution of jury trials as a form of direct participation of the people in the administration of justice in modern Ukraine, as well as the problems and prospects of its development. Based on the conceptual framework presented, it can be argued that the jury trial represents one of the most effective forms of direct democracy. In the context of Ukraine’s current constitutional development, the jury trial plays an important role in ensuring fairness and transparency in judicial proceedings. The Constitution of Ukraine explicitly provides for public participation in the administration of justice through juries. However, the constitutional right of Ukrainian citizens to participate in the administration of justice via jury trials in cases defined by law has not been fully realized. Moreover, even the limited instances in which jurors have been involved in the adjudication of certain categories of cases have often taken place in violation of existing legislation. These circumstances highlight the need for reform of this institution, taking into account international legal standards and the particularities of Ukraine’s legal system in the post-war period.Reforming the jury trial system in wartime conditions presents significant challenges. Nevertheless, such reform is essential to preserve the traditions of constitutional democracy. The main direction of the reform process should include addressing several urgent issues: introducing a classical model of jury trial that maintains a balance between public participation and judicial independence; ensuring the independent status of jurors during the adjudication process; and improving the procedures for compiling jury lists and enhancing jurors’ qualifications.

Scientific periodicals of Ukraine
Peace, Justice and strong institutions
Openalex Percentile: Top 26%
Jury Decision Making Processes
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