MORAL AND ETHICAL QUALITIES OF A JUROR AND METHODS OF ENSURING THEIR COMPLIANCE IN COURT PROCEEDINGS

Abstract

The purpose of the article is to study the problem of insufficient regulation of the moral and ethical qualities of jurors in domestic legislation, to determine the significance of these qualities for the functioning of the jury trial and to develop proposals for improving the national system of jury selection. The paper substantiates the thesis that the moral and ethical characteristics of juror candidates have a direct impact on the fairness of court decisions, the level of citizens’ trust in the judicial system and the legitimacy of the trial in general. Research methods: to achieve the goal, a set of methods of scientific knowledge was used, in particular: comparative legal analysis - to compare Ukrainian requirements for juror candidates with foreign experience, primarily the American voir dire procedure, which allows the court and the parties to assess the moral qualities and possible bias of candidates; systemic and structural approach - to determine the place of moral and ethical qualities in the general system of legal guarantees of a fair trial; logical-legal and generalizing methods – for formulating proposals for improving the legislative provisions regulating the institution of juries. In addition, ethical analysis was applied to identify the relationship between the personal moral values of a juror and his behavior in the trial. Results: it is proven that the current requirements for jury candidates in Ukraine are mainly formal and do not provide an adequate level of moral verification. As a result, it is possible for individuals who do not have sufficient moral maturity, critical thinking or awareness of social responsibility for the decisions made to be included in the jury. The author analyzes the positive and negative aspects of the American voir dire procedure, noting that despite the risk of subjectivity, it creates real mechanisms for screening out biased or morally dubious candidates. Based on this experience, a set of measures is proposed to improve the Ukrainian model: formation of jury lists exclusively from among volunteers; introduction of additional criteria of moral suitability (in particular, taking into account reputation, social authority, previous experience of public activity, absence of criminal records and addictions); establishment of a minimum level of education; conducting short-term training or ethical briefing before performing duties. The importance of granting the candidate the right to refuse participation without administrative or social pressure is separately emphasized. Discussion: the study determined that the moral and ethical qualities of a juror - such as impartiality, honesty, responsibility, ability to empathy and self-control - are the basis for an objective consideration of the case. Their absence can lead to a distortion of justice and loss of trust in the institution of a jury trial. The author emphasizes that a juror must be not only formally law-abiding, but also morally stable, able to make decisions guided by a sense of justice, and not by emotions or external influence. It is proposed to focus on international ethical standards, in particular the Bangalore Principles of Judicial Conduct, which can serve as a methodological basis for creating a code of ethics for jurors. The conclusions substantiate that the future expansion of the institute of jury trials in Ukraine requires a revision of the current draft law, taking into account the proposed mechanisms of moral and ethical control. This will contribute to improving the quality of justice, strengthening the legitimacy of judicial decisions and building public trust in the judiciary.