Draft bill #3843 of July 14, 2020 

Cosponsors: 4 MPs from the Servant of the People faction with Pavlo Frolov as the first signatory 

Status: adopted in the first reading 

Who is affected: judiciary 

Summary: 

  • the bill establishes jury criminal courts of original jurisdiction 
  • a jury court will consist of one professional judge and a jury panel 
  • the professional judge will manage the sessions, but the decision on guilt or innocence will be made solely by the jury 
  • the jury panel will consist of eight individuals randomly selected from citizens of Ukraine. To become a juror, the person will have to: 
    • be a citizen of Ukraine 
    • be of 21 years old or older 
    • reside permanently in the area where the court operates 
  • a person will not be allowed to be a juror if they: 
    • have been declared legally incompetent or incapacitated 
    • are undergoing treatment for alcoholism, drug addiction, toxicomania, and/or have chronic mental or other illnesses 
    • have an unspent or unexpunged criminal offense and/or are a suspect/defendant in a criminal case 
    • are the President of Ukraine, hold a high-ranking position in state bodies, serve as a judge, prosecutor, court staff, lawyer, notary, priest, or civil servant 
    • have received an administrative sanction for a corruption offense within the past year 
    • do not speak Ukrainian 
    • are a participant in the criminal case being heard by this court (claimant, victim, plaintiff, defendant, etc.), or have close relations with participants in this case (relative, family member) 
    • have previously participated in this proceeding as a witness, expert, specialist, representative of a probation body, translator, investigator, prosecutor, defender, or legal representative 
    • are a close relative or family member of a juror of this court 
    • have a personal or family interest in the outcome of the case 
  • the State Judicial Administration will be the body responsible for compiling and maintaining the list of juror candidates. This list will be compiled based on information from the Register of Voters and other state databases. The procedure for providing candidates will be established by the Cabinet of Ministers 
  • an automated system will randomly select juror candidates and forward the list to the judge. The court will send each candidate a written invitation and a questionnaire. This will be done via registered mail, which the candidate will have to receive at least 10 days before the court session 
  • the invitation will explain the juror’s rights and obligations, requirements, and reasons for declining this role. The candidate questionnaire will include questions about education, work experience, and basic biographical data. Its form will be approved by the State Judicial Administration 
  • simultaneously with the invitation, the court will send a written notice to the juror’s employer informing them that the individual is summoned for juror duties. A refusal to release the employee from work will be considered contempt of court 
  • after selection, jurors will take an oath and elect a chair of their panel. The chair will communicate with the judge on behalf of the jurors, lead discussions in the deliberation room, record voting results on a special sheet, and announce the jurors’ decision in court 
  • it will be allowed to remove a juror from participating in the case if: 
    • they fail to perform their duties 
    • there are grounds to believe they have been influenced and have become biased 
    • they themselves have been brought to criminal responsibility 
    • based on a motivated statement from one of the parties in the criminal proceedings 
  • after the defendant’s last word, the presiding judge will formulate questions that the jurors must answer. The judge will read them and discuss them with the parties involved in the case. The following questions will be mandatory: 
    • has it been proven that a criminal act occurred for which the person is accused? 
    • has it been proven that the alleged act was committed by the accused? 
    • has it been proven that the accused is guilty of the alleged act? 
    • are there circumstances that mitigate the penalty of the guilty person? 
    • are there grounds for compensation for moral damages caused to the victim by the guilty person? 
  • for each question on the jury questionnaire, jurors will be required to answer “yes” or “no” 
  • the verdict will be the jury panel’s answer to the questions formulated in the questionnaire 
  • after the jurors announced their decision, the judge will render a verdict — acquitting or convicting 
  • a guilty verdict by the jury court can be appealed in an appellate court in the case of: 
    • procedural violations during the selection of the jury panel 
    • violations of criminal procedure law 
    • the severity of the penalty imposed on the accused 
  • a guilty verdict by the jury court and the decision of the appellate court can be appealed in cassation court based on: 
    • violations of criminal procedure law 
    • severity of the penalty imposed on the accused 
  • while performing their duties in the jury court, jurors will receive compensation. The amount will be proportional to the salary of a local judge. Jurors will also have the right to reimbursement for travel, accommodation, and food expenses. These expenses will be covered from the government budget via the territorial offices of the State Judicial Administration. 

What is right: 

  • involving citizens in the consideration of criminal cases can reduce distrust toward judges, promote a more objective consideration of cases, and decrease the possibility of influence on decisions through bribes or coercion 
  • the introduction of a jury court meets international standards and is a step toward strengthening the principle of citizens’ participation in the judiciary 
  • the jury verdict mechanism helps reduce the risk of bias from professional judges 
  • automated and blind selection of jurors lowers the likelihood of manipulation and pressure 
  • the draft bill includes procedures for excluding a juror in case they lose impartiality or fail to fulfill their duties. 

What is wrong: 

  • compensation for jurors and reimbursement for transportation and accommodation requires significant budget expenditures. It is necessary to assess whether there are financial resources to implement the draft bill 
  • citizens without legal education may lack the necessary skills to assess complex legal issues, which may affect the quality of decisions 
  • the organization and functioning of the jury panel may prolong the consideration of criminal proceedings 
  • despite mandatory requirements and checks, there are still risks of influence on jurors during the proceedings. 

Alternative solution: 

  • introduce a jury court in several regions for pilot testing before scaling it up nationwide 
  • conduct a detailed budget assessment for the establishment of jury trials and explore alternatives to reduce costs 
  • hold extensive consultations involving specialists in criminal law, jurisprudence, and human rights to refine the proposed mechanisms 
  • ensure a broad information campaign for citizens about the workings of the jury court, their rights and obligations. 

Why this is important: 

The introduction of jury trials is an essential step toward reforming Ukraine’s judicial system, strengthening democratic institutions, increasing trust in justice, and ensuring greater fairness in criminal proceedings. This is not only a reform but also part of the broader process of modernizing the state in line with European values.