The military jury court in Russia as an object of chronodiscrete monogeographical comparative jurisprudence

The article is devoted to the study of the military jury court in the pre-revolutionary and in the inter-revolutionary period of 1917, on the one hand, and in modern Russia, on the other hand. The aim of the study is to conduct a comparative legal analysis of the military jury court in the inter-revolutionary period of 1917 and in the Russian Federation from the position of chronodiscrete monogeo-graphical comparative jurisprudence. The criteria for the analysis are: jurisdiction to the military jury court, requirements to jurors of military courts, number of jurors, the role of jurors in military courts in criminal proceedings. During the study the analysis of the Russian legislation of the second half of the 19th - early 20th centuries and the end of the 20th - early 21st centuries was conducted. The acts of the Supreme and Central state bodies of pre-revolutionary and inter-revolutionary Russia as well as the federal legislative and sublegislative acts of the Russian Federation were studied. The methodology of the article includes techniques of analysis and synthesis; special formal-legal and comparative-historical techniques. The analysis of the Russian legislation gave an opportunity to determine that the jury court in the Russian Empire first appeared in 1864; however, the military courts of the Russian Empire did not involve a public element in the administration of justice. At the same time it was discovered that during the development of the Military Judicial Charter of 1867, a certain attempt to implement the ideas of the Judicial Charters of 1864 in the activities of military justice bodies was made. In this connection it was intended to introduce a certain analog of jurors in the military courts of the Russian Empire by having temporary judges in the military courts who would only decide the question of the defendant's guilt or innocence, but the idea was not realized. It was identified that the first practical implementation of the idea of introducing jurors in the domestic military legal proceedings began to be realized in 1917 after the Provisional Government came to power; but the military courts of the jury were abolished after the October Revolution in 1917. During the Soviet period of Russian history, there was neither a jury court, nor, especially, a military jury court in our country. In the Russian Federation, jurors began to participate in criminal proceedings as experiment in several regions in 1993. However, in military court proceedings, the jury in the Russian Federation appeared only on January 1, 2004, when they began to operate in our country in military district (naval) courts. It is also stated that from June 1, 2018, garrison courts will also have trials with the participation of jurors. A conclusion is made that there is every reason to consider a military jury court in our country as a chronodiscrete judicial institution. Consequently, the historical experience of its existence can be used at present.

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