Electivity of judges and collegiality of criminal cases in the Russian Empire, the USSR and the Russian Federation; the jury or the court of lay assessors?

The idea of people's participation in the formation of the judiciary and its representatives in the administration of justice is not new. It has been implemented in most countries, including in Russia in the 19th century, so it is not disputed in the literature, but, on the contrary, widely supported, especially during the formation and development of democracy. What has always been disputable is the question concerning the forms of participation. The democratization of the judicial system, neutralization of its corporate nature and strengthening of the judiciary independence will depend on the return to the electivity of judges and their accountability to voters. There is nothing wrong in the fact that this principle was acting in the Soviet Russia. The history should be treated with responsibly and care. It is not reasonable to consider certain periods of the development of Russia in black and white: all that happened in the post-reform Russia of the 19th - 20th centuries was good, while all that happened under the Communism was bad. It is my deep conviction that it is better to elect inferior judges (magistrates, federal district courts) than to have them appointed. The electivity makes judges closer to the voters, that is, to the people. The judicial system is closed and isolated from the people who practically do not participate in the administration of justice. In accordance with the Criminal Procedure Code of the Russian Federation the criminal proceedings at first instance can be considered solely by a professional judge, three professional judges and a court jury. Any criminal case can be considered by a professional judge solely, as it happens with the majority of criminal cases. Although particularly dangerous crime against the state are to be considered by three professional judges, crimes of little or average gravity (with the consent of the accused) - by a single judge, all other crimes are to be considered collectively with the participation of one professional judge and two lay assessors.

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