The author reveals the experience of the functioning of the jury in the legal proceedings of foreign countries in accordance with its main models in the world legal practice. Particular attention is paid to the procedure for the formation of jury lists and their quantitative composition; judicial review of cases involving juries; the specifics of the decision to recognize the guilt (innocence) of a person in the commission of a crime. The concept of a verdict is investigated. The provisions of the new Criminal Procedural Code of Ukraine regulating the functioning of the jury in the court of first instance are analyzed. It is established that the Ukrainian legislation borrowed the continental (European) model of the jury trial, which together with professional judges decide the issue of fact and law issues.
The article examines the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The aim of this study was to analyse the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The constitutional design provides for the creation of rational structures for the functioning of public authorities, which should ensure democratic standards, economic development, anti-corruption policy by implementing the principles of the rule of law. The study used data on indicators that describe the state of the rule of law (Rule of Law Index), democracy (Democracy Index) and corruption (Corruption Perceptions Index). Methods of graphical comparison, scattering diagrams, classification of countries by categories were used. A graphical model of the dependence of the rule of law on the development of democracy and perceptions of corruption for 25 European countries is built on the basis of these factors. It is proved that the studied indicators are dependent: countries with a high Rule of Law Index (high level of restrictions on the powers of government institutions, protection of fundamental rights, law enforcement, security) have a high Corruption Perceptions Index (high level of anti-corruption) and Democracy Index. It is concluded that it is necessary to develop the constitutional provision of the rule of law by strengthening democratic values, improving economic growth and competitiveness, increasing control over corruption. Further research should analyse the impact of rule of law factors in low- and middle-income countries.
The aim of this research is to reveal historical and contemporary aspects of the similarity, difference, and interaction of Christian and legal spheres of social reality. The legal nature of the proposed study obliges the use of the formal legal (dogmatic) research method with special attention paid to the content and sanctions of legal prescriptions. Thus, the historical development confirms the constant need of mankind both in the picture of the world, the model of the worldview offered by religion, and the normative regulator based on absolute transcendental values. The fundamental role of religion in the origin and development of the law is proved by historical facts.
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