Ilya Novikov, a partner at Barristers JSC, delivered a presentation at the Y. L. Bronz Forum on Criminal Law and Procedure on the prospects for introducing a jury trial system in Ukraine. As is well known, Draft Law No. 3843 “On the Jury System,” which the Verkhovna Rada of Ukraine adopted in the first reading on December 5, 2024, provides for the introduction of the classic jury trial model—with a separate law that will define the standards for selecting jurors, their rights, the format of the verdict, as well as organizational and procedural safeguards. 
In his remarks, the speaker emphasized that the adoption of the new legislation could be more than just a formality; it could bring about a profound change in the entire judicial system.

According to Ilya Novikov, the Constitution of Ukraine enshrines precisely the traditional jury trial model, whereas the current “3+2” system does not comply with either the spirit or the letter of the Constitution. The introduction of a true jury trial will inevitably affect the entire judicial practice: from the quality of investigations to the public reputation of the courts.

The attorney emphasized that the introduction of the jury system is not merely a legal innovation but a social signal. At the same time, he cautioned that the first acquittals—of which there will inevitably be many—could trigger a wave of disappointment and even a reversal of the reform. “This is a once-in-a-generation opportunity. If it is squandered, it will be nearly impossible to return to this idea,” he noted.

Among the main risks, Mr. Novikov cited the enormous infrastructure costs (over 12 billion hryvnia), the ill-conceived organization of proceedings in district courts, and the threat of cases being derailed due to a lack of alternate jurors. At the same time, he emphasized that the effectiveness of the institution depends not on quantity, but on the quality of the bill’s structure and the system’s readiness to meet new challenges.

As an alternative, he proposed establishing jury courts at the appellate court level, adopting the traditional 12-juror model, and providing for broad recusal provisions to ensure a truly representative jury. “A jury trial should serve as a means of exerting pressure on the parties to the proceedings and a guarantee of the integrity of the investigation, rather than a mere formality,” the attorney concluded.

In his concluding remarks, Ilya Novikov emphasized: today we are one step away from making a decision that could reshape criminal proceedings for decades to come. However, only a professional discussion and a responsible approach to the details can prevent risks and make the jury system an effective mechanism of justice.

Ilya Novikov noted that all comments and proposals formulated on behalf of the Ukrainian National Bar Association (NAAU) have already been submitted as amendments to Bill No. 3843, which passed its first reading in December 2024. At the same time, it is unclear whether parliament will heed these proposals. That is precisely why the attorney emphasized the importance of support not only from fellow attorneys but also from the entire legal community, as discussion of this issue requires broad professional participation. “If we leave the process solely to the discretion of lawmakers, who often view jury trials through the lens of movie or TV show stereotypes, we will be the ones left to deal with the consequences, and the outcome may be far from what we expect,” he concluded.