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Title: Lay adjudication reforms in the transitional criminal justice system of the Commonwealth of Independent States
Author: Kovalev, N. P.
ISNI:       0000 0001 1813 2528
Awarding Body: Queen's University Belfast
Current Institution: Queen's University Belfast
Date of Award: 2008
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The subject of this research is lay adjudication reform in the transitional criminal justice systems of the Commonwealth of Independent States (CIS). The study considered the existing lay adjudication systems of Belarus, Russia, Tajikistan, Ukraine and Uzbekistan as well as proposals for the introduction of lay adjudication in such CIS jurisdictions as Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan and Ukraine. On a theoretical level the study analysed the relationship between lay adjudication and the transitional process taking place in the criminal justice systems of the CIS. In practical terms, the thesis proposed a conceptual framework for lay adjudication reform in the transitional criminal justice systems of the CIS and an optimal model of lay adjudication for such systems. Part One of the thesis identified the main models of lay adjudication that can be used for lay adjudication reforms and provided an analysis of the historical, political and social context of lay adjudication reforms in CIS jurisdictions. It was concluded that lay adjudication reforms in the CIS jurisdictions may have two outcomes: 'domestication' of lay adjudicators by the post-Soviet criminal justice culture depriving lay adjUdicators of independence and impartiality; and the reshaping of the current criminal justice systems by making them more fair, accountable and democratic. It was argued that the second s~enario would only be possible if the government ensured the independence and impartiality of lay adjudicators by enacting appropriate legislative safeguards. Part Two of the thesis contained proposals for such safeguards with respect to a number of issues: the scope of lay adjudication; selection of lay adjudicators; trial process and rules of evidence; deliberation of the court, verdict rules, sentencing, and finally appellate review of the verdicts.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available