OPERATIONAL-INVESTIGATIVE SUPPORT FOR CRIMINAL CASE PROCEEDINGS IN JURY TRIALS

Abstract

Introduction. The jury trial institution represents one of the most important democratic forms of administering justice, guaranteed by the Constitution of the Russian Federation. Citizen participation in the administration of justice ensures objectivity and impartiality of judicial decisions, enhances public trust in the judicial system, and promotes the implementation of the principles of adversarial proceedings and equality of parties. At the same time, the consideration of criminal cases with jury participation creates specific conditions requiring specialized operational-investigative support to protect trial participants from unlawful interference and to ensure the proper functioning of justice.

The relevance of the research topic is determined by the expanding application of the jury trial institution in Russian criminal proceedings. Whereas previously the jury trial only functioned in the courts of the constituent entities of the Russian Federation and considered a limited range of cases, with the expansion of the list of criminal offenses that can be tried with the participation of jurors at the district court level, this institution has become more accessible to citizens, which increases its significance in the system of the administration of justice.

The growing risks of unlawful influence on jurors by interested parties constitute another factor determining the relevance of this issue. Recent judicial practice demonstrates numerous attempts to exert pressure on jurors, including threats, bribery, and psychological influence through mass media and social networks. Particularly alarming are instances of influence on jury panels in cases involving crimes committed by organized criminal groups, which possess significant financial and organizational resources to exert pressure on trial participants.

The necessity to maintain a balance between guarantees safety for trial participants and the observance of procedural rights of the parties constitutes a complex law enforcement challenge. Excessive security measures may restrict the parties' rights to a fair trial, the openness of proceedings, and the right to defense, while on the other hand, insufficient protection of jurors jeopardizes their life and health and creates conditions under which the delivery of an unjust verdict cannot be ruled out.

Materials and Methods. Operational-investigative activity is a crucial instrument for ensuring the security of court proceedings. With regard to jury trials, operational-investigative support acquires particular significance due to the specifics of this form of judicial proceedings. Unlike professional judges, jurors do not possess specialized knowledge in law and judicial practice, making them more vulnerable to various forms of psychological influence, manipulation, and disinformation. Furthermore, jurors are engaged in court proceedings episodically, for short periods, which complicates the organization of their long-term protection and requires prompt responses to emerging threats.

The aim of the research is a comprehensive analysis of organizational forms and practical aspects of operational-investigative support for criminal case proceedings in jury trials. To achieve this aim, the following objectives have been set: to define the system of operational-investigative measures for ensuring the security of court proceedings; to examine the specifics of operational-investigative support for jury trial proceedings; to identify problematic aspects of operational-investigative support and propose solutions based on domestic and foreign experience.

The methodological foundation of the research comprises general scientific methods of inquiry (analysis, synthesis, induction, deduction, systems approach) as well as specialized methods: the formal-legal method was used to analyze normative legal acts regulating operational-investigative activity and jury trial proceedings; the comparative-legal method was applied to study foreign experience in ensuring juror safety; the systemic-structural method allowed for the examination of operational-investigative support as an integral system of interrelated elements. The empirical basis consists of rulings of the Plenum of the Supreme Court of the Russian Federation, judicial practice materials, departmental methodological guidelines, and foreign experience in ensuring juror safety.

Results and Conclusions. Operational-investigative support is an integral component of the modern jury trial system in Russia. It serves as a critically important state response to real threats posed by organized crime, which could otherwise paralyze the administration of justice by lay jurors. The viability of this system rests on a delicate balance: it must provide reliable protection against coercion while strictly observing procedural boundaries to maintain the legitimacy of the jury's verdict. Further development of this system will also require the adaptation of operational-investigative support to counter new threats of the digital era, such as the deanonymization of jurors through social networks and informational influence on jurors, while simultaneously strengthening legal safeguards against potential abuses. Ultimately, operational-investigative support is an instrument designed to ensure the «purity of the external environment,» enabling jurors to deliver a verdict guided solely by the evidence examined and their conscience.

Discussion. Research into the problems of ensuring the safety of trial participants requires further analysis in the context of finding an optimal procedural balance. The task of legal scholarship is to develop specific criteria and legal mechanisms that would ensure necessary protection (primarily of jurors) without crossing the line beyond which the fundamental principles of justice – openness, adversarial proceedings, and the right to defense – are violated. A key direction for further research is the formalization of conditions and limits of permissible restrictions on the procedural rights of trial participants for the purpose of achieving the goals of justice.