Formation of the main composition of jurors the presence of alternate jurors and a substitute judge
In accordance with the mandatory requirement of Article 556 of the CPC, two alternate jurors, without any reservations or circumstances, must be identified at the time of the formation of the main jury and must always be present in the courtroom during the trial, except in cases where, in accordance with the law, they must be temporarily removed by the presiding judge along with the main jurors. assessors. As for the reserve judge (who is also the presiding judge), in accordance with art. 313 CPC, a substitute judge may be appointed (note: he may, but he should not!) when considering a case that requires a long time for its investigation. As a rule, the consideration of a case with the participation of jurors requires a long time. And not only a juror, but also a professional judge may have circumstances that prevent him from continuing to participate in the trial (for example, an illness requiring long-term treatment, disqualification on grounds that became known during or at the end of the judicial investigation, etc.). In the absence of a substitute judge, the sick judge is replaced by another, and the case starts over (Article 312 of the CPC). Therefore, the need to appoint a substitute professional judge in a case considered by a jury is self-evident. After all, if a substitute judge was appointed from the very beginning, then the consideration of the case in the event of the judge's departure does not begin anew, but continues. Chapter 57 of the CPC does not say anything about who and in what order decides on the appointment of a substitute judge when considering a case with the participation of jurors. In this case, reference should be made to article 302 of the CPC, according to which a judge, when making a decision on the appointment of the main trial, considers this issue and indicates in the decision on the appointment of a substitute judge.
Formation of the main composition of jurors the presence of alternate jurors and a substitute judge
It seems that the judge's ruling issued after the preliminary hearing of the case may also indicate this decision. And if the need to make a decision on the appointment of a substitute judge became apparent already during the consideration of the case, the judge decides this issue during the trial in accordance with the procedure provided for in Article 325 of the CPC, i.e. issues a decision on the appointment of a substitute judge, which is not subject to appeal. Which of the judges of this court will be personally appointed as a substitute in this process, apparently, should be determined by the chairman of this court. According to the second part of Article 313 of the CPC, a substitute judge is present in the main court proceedings.: a) from the beginning of the opening of the court session; b) from the moment the court makes a decision on his participation. Now let's shift this rule to trial by jury and see when a substitute judge should be appointed. If it is decided that a substitute judge is appointed from the beginning of the opening of the court session, then it is necessary to determine when such a moment comes. Chapter 57 of the CPC does not clearly specify when the presiding judge announces, as indicated in article 331 of the CPC, the opening of a court session. However, in the first part of Article 551 of the CPC, a reservation is made that the selection of jurors is carried out after meeting the requirements of Articles 331-344 of the CPC.
Thus, the presiding judge announces the opening of the court session on the day and hour appointed by his own decree, by which the candidates for jurors and the parties must appear in court. Consequently, a substitute judge may be appointed from that moment on in the manner described above, which is notified to the parties. As already noted, according to the law, a decision on a substitute judge can be made in the subsequent period, for example, after the formation of a panel of jurors, before the start of a judicial investigation, during a judicial investigation, and from that moment he is present in the courtroom. A substitute judge enjoys all the rights of a judge (presiding judge) from the moment the previous judge retires. If the substitute judge was present at the hearing of the case not from the moment of the opening of the court session, but later, then in accordance with part 2 of art. 313 He has the right to resume any investigative actions carried out in his absence.
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