Article 5214

Title of the article

POLITICAL CAUSES OF ABOLITION OF THE INSTITUTION OF THE JURY MEMEBERS BY THE BOLSHEVIKS

Authors

Shukyurov Aleksey Tofikovich, Applicant, Komi Republican Academy of Government Service and Administration (11 Kommunisticheskaya street, Syktyvkar, the Republic of Komi, Russia), esmira2001@mail.ru

Index UDK

343.195

Abstract

Background. Relevance of the research topic is conditioned by the lack of research works investigating political causes of abolition of the institution of the jury members after the October revolution of 1917. In conditions of the problem of formation of the institution of the jury memebers in modern Russia due to the ongoing criticism of the present institution it is expedient to study the paradigm of the political institution of the jury members – the genesis of the institution in the second half of XIX century in the Russian Empire, the political causes of its abolition by the soviet power and the occurred need in revival of the institution of the jury members in modern Russia. The aim of the research is to study the institution of the jury members at various stages of political development of Russia (the Soviet Union), to reveal the political causes of the decision by the soviet officials to abolish the institution under consideration, as well as to show the following substitution of the institution in the USSR and the attitude to the institution of the jury members during the tsar’s, soviet and modern political regimes. The objective of the research is to forecast the development prospects of the institution of the jury members in the political system of modern Russia, to reveal the importance of the institution in securing human rights and freedoms, in formation of the constitutional state. Such approach to the problem makes the present article not only a research one but also a practical one.
Materials and methods. For solution of the set objectives the author used the general scientific (analysis, synthesis) and the private-scientific research methods (comparative analysis, historical, statistical). Application of various research methods allows simultaneous comprehensive, full and objective study of the institution under consideration.
Results. The complex and system research of plotical causes of abolition of the institution under consideration by the Bolsheviks in USSR was conducted for the first time. On the basis of the studied material analysis the author distinguished the institution of the peoples’ assessors from the institution of the jury members. The materials and conclusions may be used in preparation of course and diploma works, as well as for modernization of educational programs in political science, Russian state and law history, state and law theory, constitutional and criminalprocedural law.
Conclusions. The institution of the jury members is the checks and balances restraining the state authority from influencing justice administration. Existence of the institution of the jury membres is possible only in a constitutional state as there is no such dictator who wishes to share power with citizens. Due to these causes the institution of the jury memebers – the institution of peoples’ representation in the court – was abolished by the Bolsheviks after the October revolution. 

Key words

jury trials, dictatorship of the proletariat, extraordinary trio, revolutionary tribunals, lay judges. 

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References

1. Lenin V. I. Poln. sobr. soch. [Complete works]. Vol. 22.
2. Kodintsev A. Ya. Vysshie organy yustitsii SSSR i sotsialisticheskaya zakonnost' v 30-kh godakh XX veka [The supreme body of justice of the USSR and the socialist legality in 1930s]. Legal reference system “ConsultantPlus”.
3. Krylenko N. V. Sudoustroystvo RSFSR [Judicial of the RSFSR]. Moscow, 1923.
4. Pashin S. A. Kratkiy ocherk sudebnykh reform i revolyutsiy v Rossii [Brief description of judicial reforms and revolutions in Russia]. Available at: http://www.strana-oz.ru
5. Savitskiy V. M. Pered sudom prisyazhnykh: vinoven ili ne vinoven [Before the jury trial: guilty or not guilty]. Moscow, 1995.
6. Ezhenedel'nik sovetskoy yustitsii [Soviet justice weekly]. 1922, no. 27–28, pp. 1–5.

 

Дата создания: 14.11.2014 09:36
Дата обновления: 14.11.2014 11:28