Realizing Constitutional Citizens Right for Participation in Economic Justice

Abstract

The paper studies constitutional grounds for the involvement of citizens in state affairs and administering justice considered as the fundamental principles of relations between a democratic state and its citizens, with an emphasis that court cannot be separated from society as courts will not become efficient bodies of social control without response from society. The author develops the idea that the institutes involving citizens to administering justice are an efficient tool to fight corruption in judicial system, to promote a truly independent justice and may influence the formation of civil society, the development of civil responsibility and civil consciousness. The paper scrutinizes the objects and objectives of applying this institute, identifies their differences and features in terms of various types of justice. The instances of involving citizens in administering justice are presented on the examples of arbitrazh jurors in economic trials. The case practice is based on arbitrazh courts. The paper considers the changes in the arbitrazh procedural legislation and the resulting changes in administering justice which lead to adverse consequences represented in curtailing this institute and thus impossibility to compose the group of judges and jurors of people with economic background. The paper revealed the causes of this tendency on the basis of statistics, arbitrazh practice and sociological research. In particular, the author examines the process of composing the group of arbitrazh jurors in court to identify positive and negative processes and their causes, influence of Russian business community. The paper analyzes the corps of a particular arbitrazh court considering an economic dispute. Besides, general issues and their causes are studied in the paper.