nazarov-a-d_disser

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c) there is no need for that:
- judges:	55,6%
- officials of prosecution office:	38,9%
- investigators:	23,1%
- advocates:	30,1%

23. Do you think it is possible to make a legal provision that enables the prosecutor to be involved in announcing individuals as indicted:

а) yes, that can be done regarding all the categories of offences;

- judges:	0%
- officials of prosecution office:	0%
- investigators:	5,1%
- advocates:	10,4%

b) yes, that can be done regarding certain categories of offences (complicated, «well-known crimes», etc);

- judges:		11,1%
- officials of prosecution office:		16,7%
- investigators:		25,6%
- advocates:		0%
c) there is no need for that.
- judges:		88,9%
- officials of prosecution office:		83,3%
- investigators:		66,7%
- advocates:		90,1%
24.	Do you think it is possible to provide the prosecutor with the duty to compose the
indictment:
а) yes;
- judges:		0%
- officials of prosecution office:		0%
- investigators:		20,5%
- advocates:		20,7%
b) yes, if the investigator will be involved;
- judges:		0%
- officials of prosecution office:		5,6%
- investigators:		5,1%
- advocates:		0%

c) yes, if the investigator will be involved and only regarding certain categories of offences (complicated, well-known cases etc.);

- judges:	5,6%
- officials of prosecution office:	0%
- investigators:	7,7%
- advocates:	0%
d) there is no need for that.
- judges:	94,4%
- officials of prosecution office:	94,4%
- investigators:	66,7%
- advocates:	80,2%

25. Do you consider yourself as a supporter for the grand jury court, which are deemed to make less mistakes:

а) yes, it is necessary to increase the number of offences that fall into the grand jury court category, jury trials have to take place even in city courts (district courts);

- judges:	5,6%
- officials of prosecution office:	5,6%

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- investigators:	15,4%
- advocates:	30,7%

b) yes, but for certain categories of offences the number of jurors can be reduced (reduced to 2,3,5, etc., of individuals):

- judges:	22,2%
- officials of prosecution office:	5,6%
- investigators:	15,4%
- advocates:	40,4%

c) grand jury court is not useful, there have to be the bench of qualified judges that decides cases;

- judges:	22,2%
- officials of prosecution office:	50,0%
- investigators:	33,4%
- advocates:	10,2%

d) grand jury court is not useful, there have to be qualified judges that decide case on their own;

- judges:		55,6%
- officials of prosecution office:		61,1%
- investigators:		12,8%
- advocates:		0%
26.	What is your opinion on pre-trial cooperation agreement:
а) the chance of mistakes increases;
- judges:		27,8%
- officials of prosecution office:		16,7%
- investigators:		10,3%
- advocates:		20,8%
b) the chance of mistakes decreases;
- judges:		16,7%
- officials of prosecution office:		0%
- investigators:		10,3%
- advocates:		0%

c) the number of such abovementioned mistakes is equal to the number of mistakes that occur in other cases.

- judges:		72,2%
- officials of prosecution office:		77,8%
- investigators:		76,9%
- advocates:		90,2%
27.	What is your opinion on the special procedure for taking a court decision if the
accused agrees with the charge brought against him:
а) the chance of mistakes increases;
- judges:		33,3%
- officials of prosecution office:		22,2%
- investigators:		12,8%
- advocates:		30,9%
b) the chance of mistakes decreases;
- judges:		22,2%
- officials of prosecution office:		5,6%
- investigators:		7,7%
- advocates:		0%

c) the number of such abovementioned mistakes is equal to the number of mistakes that occur in other cases.

- judges:	55,6%
- officials of prosecution office:	72,2%
- investigators:	79,5%

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- advocates:		70,8%
28.	What is your opinion on the situation when the case is decided by the sole judge:
а) the chance of mistakes increases;
- judges:		11,1%
- officials of prosecution office:		5,6%
- investigators:		10,3%
- advocates:		30,9%
b) the chance of mistakes decreases;
- judges:		22,2%
- officials of prosecution office:		11,1%
- investigators:		17,9%
- advocates:		0%

c) the number of such abovementioned mistakes is equal to the number of mistakes that occur in cases decided by the bench of judges:

- judges:		77,8%
- officials of prosecution office:		72,2%
- investigators:		66,7%
- advocates:		0%
29.	Why do the judges quite seldom deliver acquittals:
а) due to the effectiveness of the investigation;
- judges:		72,2%
- officials of prosecution office:		38,9%
- investigators:		69,2%
- advocates:		10,1%
b) acquittals put the further judicial career at risk;
- judges:		0%
- officials of prosecution office:		0%
- investigators:		25,6%
- advocates:		50,9%
30.	Why do the courts quite seldom dismiss the criminal cases, taking non-rehabilitative

grounds into consideration (not taking into account the number of such cases dismissed by Magistrate courts):

а) due to the effectiveness of the investigation;

- judges:	44,4%
- officials of prosecution office:	27,8%
- investigators:	76,9%
- advocates:	10,3%

b) dismissing the case taking non-rehabilitative grounds into consideration puts the further judicial career at risk;

- judges:	0%
- officials of prosecution office:	0%
- investigators:	10,3%
- advocates:	30,6%

31. Why do the judges quite seldom return the case files to the prosecutor, such procedure is reflected in article 237 of criminal procedural law code of Russian Federation:

а) due to the effectiveness of the investigation;

- judges:	38,9%
- officials of prosecution office:	33,3%
- investigators:	84,6%
- advocates:	10,2%

b) returning the case to the prosecutor can lead to problems in mutual relations between the prosecutor and the judge;

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- judges:		0%
- officials of prosecution office:		0%
- investigators:		17,9%
- advocates:		40,4%
32.	Why do the judges quite seldom find some evidence inadmissible:
а) high quality of investigation;
- judges:		66,7%
- officials of prosecution office:		27,8%
- investigators:		87,1%
- advocates:		10,3%

b) there can be problems in mutual relations between the judge and the prosecutor if the evidence will be found inadmissible;

- judges:	0%
- officials of prosecution office:	0%
- investigators:	7,7%
- advocates:	30,8%

33. What is the required job experience in order to effectively administer the justice for the candidate that plans to hold the judge office:

а) experience in investigative bodies;

- judges:	66,7%
- officials of prosecution office:	44,4%
- investigators:	33,4%
- advocates:	10,9%
b) in the prosecution office;
- judges:	50,0%
- officials of prosecution office:	38,9%
- investigators:	10,3%
- advocates:	40,8%

c) in the prosecution office or investigative body;

- judges:	55,6%
- officials of prosecution office:	83,3%
- investigators:	48,7%
- advocates:	40,7%
d) in defense bar;
- judges:	50,0%
- officials of prosecution office:	11,1%
- investigators:	10,3%
- advocates:	40,8%

e) in courts (secretary, consultant, assistant);

- judges:	11,1%
- officials of prosecution office:	16,7%
- investigators:	35,9%
- advocates:	30,2%

f) in the investigative body and defense bar;

- judges:	11,1%
- officials of prosecution office:	5,6%
- investigators:	0%
- advocates:	10,8%

g) in the prosecution office or defense bar;

- judges:	11,1%
- officials of prosecution office:	5,6%
- investigators:	2,6%

357

- advocates: 20,9%

h) in public service, including teaching experience at universities of law;

- judges:	0%
- officials of prosecution office:	0%
- investigators:	5,1%
- advocates:	0%
i) in any sphere;
- judges:	0%
- officials of prosecution office:	0%
- investigators:	10,3%
- advocates:	10,7%