Getting Information from Jurors: Procedural Issues Arising in Connection with the Legal Position of the Constitutional Court of the Russian Federation

Abstract

The paper analyzes the decisions of the Constitutional Court of the Russian Federation, which provided for the possibility for the court of appeal to receive explanations from jurors in connection with the illegal influence exerted on them. Attention is drawn to the fact that the legal position taken by the Constitutional Court of the Russian Federation leads to certain procedural problems. The Court does not explain what procedural status a juror will have, pointing only to the impossibility of giving him the status of a witness; speaking about the explanations of the juror, the Court suggests warning him about the responsibility for giving false testimony. The Court considers the explanations of jurors as the evidence, but it contradicts the basic provisions of evidentiary law.

The authors conclude that the legislator faces the most difficult task to resolve procedural issues of obtaining information from the jury, because the Constitutional Court of the Russian Federation does not answer these questions. The article also reflects the position of the Supreme Court of the Russian Federation, the opinions of several scientists are presented. One of the possible solutions is to follow the provisions of Article 8.1 of the Code of Criminal Procedure of the Russian Federation in case of illegal influence on jurors during the justice process.