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The Issue of the Implementation of the Principle of Competition in a Jury Trial

Student: Lashkul Aleksandra

Supervisor: Anton Ilyin

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

The implementation of the principle of competition in a court with a jury in the Russian Federation should primarily take place through the prism of ensuring a balance of interests of all participants in the process. Strict distribution of the functions of the subjects of the court session, coupled with the impossibility of replacing one person with another in the process, the real implementation of the provision of equal rights and opportunities to present their positions in the case under consideration, as well as structured regulation of the court's activities, beyond which it can not go and ensuring the necessary conditions for the parties to implement their procedural duties - what should ideally ensure the operation of adversarial proceedings in court. But, as will be reflected in this study, there is a sufficient number of controversial provisions, both in the legislation itself and in judicial practice, which allows us to say that much needs to be adjusted in order to achieve the goal of citizens ' trust in the court and the harmonious interaction of all participants in the process of reviewing the case and passing a fair sentence. The main purpose of this work is to develop ways to solve the problems of the prevailing role of the jury in the court's verdict of guilt of a person, to strengthen the operation of the principle of competition and the need for permanent implementation of the latter in conjunction with other principles of judicial proceedings in the Russian Federation. It is extremely important to achieve strict interaction of the principle of competition with other guidelines specified in both the Constitution of the Russian Federation and the code of Criminal Procedure, in aggregate, and not separately, since it is the relationship of the fundamental foundations of judicial proceedings that will bring us closer to the goals of achieving fair justice.

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