A juror is a person who, in cases determined by the procedural law and with his or her consent, decides cases in court together with a judge or is involved in the administration of justice. Currently, Ukraine is preparing to introduce a foreign-style jury trial model, i.e., when the jury will decide the fate of the accused and the presiding judge will approve the jury’s verdict.
Who will become a juror will actually be decided by a “blind” lot – they will be selected by an automated system from a register formed on the basis of the State Voter Register. It will be possible to refuse this honor only under circumstances specifically defined in the law, such as maternity leave or childcare.
As a “thank you”, jurors are offered to be paid based on the salary of a first instance judge (63 thousand hryvnias per month), and as a “stick” – fines for ignoring the obligation to serve as a juror.
If a person simply “does not want” or “cannot” to serve, this will not be a reason for a citizen not to fulfill his or her duty and will result in a fine. In addition, an employer who is unwilling to let his or her employee go to court may also be fined.
How to find a jury?
On September 30, 2024, the Verkhovna Rada Committee on Legal Policy, headed by former judge Denis Maslov, suddenly decided to recommend for adoption in the first reading the draft law 3843 on jury trial, introduced in July 2020. The composition of the jury will be formed on the basis of random automated selection of jury candidates from among citizens permanently residing in the relevant “judicial district”.
“The administration of justice by a citizen of Ukraine who has been selected as a juror is not only a right, but also a constitutional and civic duty,” the authors wrote in the draft.
Failure to arrive or late arrival to participate in the selection of the jury or to attend a court hearing without valid reasons will be considered contempt of court and will result in a fine.
One of the main questions that was raised even before the full-scale invasion in 2022 was where to find jurors who would agree to participate in the hearings and have the consent of their employer, as they would need to be absent from work.
It is important to note that juries still exist in criminal cases. Thus, in accordance with the Criminal Procedure Code of Ukraine (the “CPC”), criminal proceedings in the court of first instance for crimes punishable by life imprisonment are conducted at the request of the accused by a jury consisting of two judges and three jurors. However, it is still quite difficult to find them.
“My court has not had a jury for almost three years, because the district administration has not approved the jury list because no one wants to volunteer. What jury bench? These cases will not be considered for years,” judges comment on the bill.
“There used to be two people’s assessors, and they could not be persuaded to come to court, and it is unclear who will ensure their appearance, and why and who needs it,” the lawyers note.
According to the draft law, the State Judicial Administration (SJA) will be responsible for creating and maintaining the Register of Jurors, which will be based on the data from the State Voter Register and other state registers. In order to compile the list of jury candidates, the SJA and its territorial bodies will be entitled to receive information about voters containing personal data from the Register. The SJA will establish the procedure for the functioning of the system of random (blind) automated selection of jurors for summoning to a court hearing.
The employer (head of an institution or organization, regardless of subordination and form of ownership) will be obliged to release the juror from work for the duration of his/her duties in the administration of justice. Refusal to release them will be considered contempt of court. Thus, the employer may be held liable.
In addition, officials and managers of enterprises, institutions and organizations will be required to provide the necessary information at the request of the SJA to compile lists of jury candidates. Officials and heads of enterprises, institutions and organizations will be held liable for failure to provide, refusal to provide, provision of incomplete or distorted information, as well as provision of information beyond the established time limits.
The authors of the draft law stipulate that jurors shall be paid remuneration for their duties in court, calculated from the salary of a local court judge, taking into account the actual time worked in accordance with the procedure established by the SJA. Jurors are also offered reimbursement for travel and accommodation expenses, as well as per diem. These payments are planned to be made at the expense of the State Budget of Ukraine by the territorial departments of the SJA. However, it is not yet known whether there will be enough money for this. It is possible that 
the “budget” for jurors will be found through fines imposed on companies.
Thus, the institution of juries in Ukraine may eventually become operational, but a system of fines in case of failure to appear for trial is a mechanism to ensure justice and maintain the efficient operation of the judicial system. Jurors play a key role in sentencing, and their absence can lead to disruption of the trial process, delays in the consideration of cases, and unnecessary costs. Penalties for failure to appear should serve as a means of encouraging citizens to take responsibility for fulfilling their duties, as well as protecting the rights of those involved in court proceedings. Such a measure can help to maintain fairness and legality by ensuring that the required number of jurors participate in the trial. But there are still many uncertainties, so it remains to be seen whether this idea will be effective.
