The litigation system of Federation

The litigation system in Russia can be divided into 2 main branches: Civil and Criminal. They are similar in many ways; however there are many differences. For example there is no jury in the Civil litigation. The Civil Procedural Code doesn't mention the possibility of having a jury trial. As for me I agree with this position of RF Legislator. There are several reasons for such decision. The main reason is that people that constitute (or in our case that could constitute) the jury are not professional officials.

That is why their mentality differs a lot from that one of a professional judge (this is the reason for excluding professional lawyers etc from the jury in Criminal Process). Issues that arise before the judge in civil case are more complicated and confused than jury's ordinary everyday-business. If we compare Civil Process with Criminal Process we can mention that in Criminal Process the aim of jury's work is to decide about facts, meanwhile facts in the civil case require special knowledge from the jury.

The judge has qualification that allows him to evaluate all the peculiarities of the case. Besides the opportunity to appeal to the higher level court (the term used in RF for this is "cassation"), where the qualification of judges is higher, itself guarantees that the final decision of a court would be correct, that is just and lawful. I should mention other negative features of a jury that in my opinion are its characteristic features:

1) emotions sometimes prevent the jury from correct decision; the perfect actor's performance of a lawyer becomes more significant than common sense; 2) the jury (in 9 Subjects of RF where the jury exist) is elected by the secretary of the court from the same area as the court; the court accepts cases to the trial according to territorial principle > the majority of defendants come from the same area as the jury > the possibility of "special attitude" to the defendant is highly possible;

3) some people argue that it is almost impossible to influence the jury because the votes are divides between all members of the jury; however I should mention that one can graft only one member of the jury ( or even two) and this cheater can influence the jury opinion not only by his own vote but by persuading others. It's almost impossible to choose between RF and US litigation system (if we consider jury factor), because the jury in RF doesn't stand comparison with the jury in US litigation system because of the following:

1) the jury in RF presents only in criminal cases (and only if the defendant wants so); 2) there is a jury only in 9 Subjects of RF – so the right to have one's case decided by the jury has no real basis; 3) the technical support for jury's work in RF is very poor: the fees paid to the jury are very low, list of possible jury members from which the secretary selects members for the bench is not updated, etc; 4) there is no money to pay for the long procedure (described in the Criminal Procedural Code of RF) if the case should be decided by the jury;

5) the percentage of pre-trial bargains in RF is extremely low > almost all cases are decided in court + there are numerous cases  litigation system of RF is not able to handle such amount of trials and especially preparations for the trial. On the basis of the described above I can make a conclusion: the litigation system of the US based on the jury decision works – that's the only criteria we should compare the "jury aspect" in these 2 countries. As for Russia – the forming of jury-decision-based-system is in progress if we consider criminal procedural law; civil procedural law doesn't need this institution.