TYPOLOGY OF PARTICIPATIONS FORMS OF PEOPLE'S REPRESENTATIVES IN CRIMINAL PROCEEDINGS: GENESIS AND CLASSIFICATION

The article is devoted to the study of the typology of participations forms of people’s representatives in the criminal process. In modern legal realities, there remains a steady demand for democratization through the improvement and expansion of people’s participation in justice, including through the transformation of the form of citizen participation, which determines the timely updating of the study of this topic. The objectives of this study are: a brief overview of the genesis of forms of popular participation in justice, which allows us to trace the evolution of this institution in historical retrospect due to the process of transplantation; presentation and interpretation of the historical classification of forms of popular participation based on the work of R. Vogler, with its comparison with the modern classification of Russian researchers. The research methodology includes a set of general scientific and special legal methods: analysis and synthesis when considering the genesis of the forms of participation of people’s representatives in the criminal process and their classification; deduction, formal legal and comparative methods when systematizing the forms of popular participation in the criminal process of various states, as well as induction — when revealing the absence of a direct correlation between the form of popular participation and the legal system in which the institute operates. Based on the results of the study, the following conclusions were drawn: the mixed form of popular participation was historically formed in the process of adapting the institution to the criminal process of the continental (investigative) type; R. Vogler’s historical classification distinguishes between direct and indirect participation of non-professionals, where the latter is the most common forms in modern criminal proceedings. The hybrid form stands out as a synthetic construction that combines elements of separate and mixed collegiums in one production. The author concludes that the most stable and proven forms are separate and mixed collegiums, which corresponds to the classification of Russian researchers, but their connection to the Anglo-Saxon and Continental legal families is not absolute.