НОРМАТИВНО-ПРАВОВА ФІКСАЦІЯ МОРАЛЬНО-ЕТИЧНИХ ВИМОГ ДО ДІЯЛЬНОСТІ ПРИСЯЖНИХ В УКРАЇНІ ; LEGAL FIXATION OF MORAL AND ETHICAL REQUIREMENTS FOR JURORS IN UKRAINE

The article reflects the results of the study of the problem of regulatory and legal regulation of moral and ethical requirements for jurors in Ukraine. The study of the formation, development and significance of the jury trial institution in the process of reforming the judicial system of Ukraine is of particular scientific relevance and social significance, since the jury trial is considered to be one of the most democratic legal institutions in the world practice of judicial proceedings. The conclusions state that a jury is a product of a particular society that it represents and from which its members are formed. Therefore, it is the general culture, in particular, the legal culture of society, its level, that determines the effectiveness of this judicial institution. In general, it can be stated that the general principles of activity and requirements for the personality of a professional judge and a juror as subjects of judicial proceedings are mostly the same. However, Ukrainian legislation clearly does not regulate moral and ethical criteria for the selection and activities of jurors, and in fact does not provide for them. First of all, we are talking about the special Law of Ukraine «On the Judiciary and the Status of Judges». The text of the CPC provides a more detailed, though cursory and insufficient, regulation of this issue. However, it is clearly unregulated at the level of the Code of Civil Procedure, which indicates the formality of the legislator’s approach to the activities of the jury in general. Therefore, we propose to make appropriate amendments to all the above-mentioned legislative acts, taking into account the norms of international law and the texts of the fundamental acts of the central bodies of judicial self-government. The statutory fixation of moral and ethical requirements as the basic criteria for the selection of both professional judges and jurors will make it possible to bring judicial activity closer to society and raise its authority as a sign of building a democratic state ...