Social and Legal Studios

Abstract

The article deals with the legal nature of the judge’s/juror’s dissenting opinion in criminal case, its essence and value. The problems of the operating statutory regulation of the institution of the judge’s/juror’s dissenting opinion in the criminal proceeding and the ways of their decision are offered. The role of this institution in the process of democratization of society is revealed and its basic functions are distinguished. The main author`s attention is centered on the grounds of making the judge’s/juror’s dissenting opinion, its concept and legal consequences. It is established that dissenting opinion of a member of judicial assembly is a problem institution of the Ukrainian criminal proceedings. A dissenting opinion in the criminal proceeding is a right of a professional judge or juror not to agree with the position of the majority, offering other solution of an examined situation. The possibility of acquaintance of participants of the judicial trial with a dissenting opinion corresponds the democratic requirements of modern justice. There is a groundlessness of the same requirements for a structure of an dissenting opinion and for the court decision. A dissenting opinion can be informal. The opinion of a judicial assembly member should include the expounded essence of divergences and the variant of the correct decision of the question. It is proved that the participants of criminal proceeding have the right to an acquaintance with a dissenting opinion. It is established that the dissenting opinion is the judicial guarantee of independence of judicial assembly members. If the dissenting opinion does not reflect represented opinions of other members of the judicial assembly, the secret of deliberative room is not broken

Keywords: judge’s/juror’s dissenting opinion of a judicial assembly member, criminal proceeding, conference of judges, judgement

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