The topics of research is due to topics. How to write the relevance of the topic of course work? The relevance of the problem, object and research methods
- Used in the lessons of the Russian language, art historical didactic material has a direct and hidden impact on the education of schoolchildren, forms their aesthetic taste.
Research methods
It is also important to determine the methods of scientific research. At various stages of the study, a complex of complementary methods is usually used. In science, the universal research method was not developed. Each chooses the most acceptable, based on the theme and objectives of the study.
but) General Tools Methods:
Descriptive, assuming the coverage of methodologically significant aspects;
Theoretical analysis (allocation and consideration of individual parties, features, features, properties of phenomena);
Comparative analysis (comparative comparable), which makes it possible to compare anything within the framework of the stated topic;
Historical (diachronic, gential and historical, comparative historical) and logical methods that reveal the dynamics of the development of the educational process;
The deductive method is climbing from the abstract to a specific, assuming the detection of the main connection of the object under study;
Inductive method of generalization of data obtained by empirical;
Characteristics of research material
In the introduction under the heading "Study Material" (less often "sources of research"), it is necessary to characterize the material on which the study is based. Get acquainted with some structures that are often used in scientific works to characterize the research material. Note that in the structure of proposals, non-valid (binding) verbs are commonly used ("Listen", "used", "become", "appear", etc.):
- The following texts served as an analysis base ...
- the material of the study was the existing programs in the Russian language ...
- Tape records were used as material research ...
- Analysis was also attracted by written works of students.
- sources of material were intelligent dictionaries
Since scientific works are accepted to clearly characterize the volume of the material on the basis of which the study was conducted, often the author specifically stipulates which material they were not analyzed.
It is possible to use the following design:
- Study material served ...
- The basis of the work is based on research materials ...
- Outside the analysis left ... as they deserve special attention and may be subject to independent research. At work is not analyzed also ...
Testing and implementation of research results
There are several forms in which the testing of scientific research can undergo.
- Separate areas and fragments of the study were reflected in publications.
- The main conclusions were set forth in the speeches on Daleev readings and at the scientific and practical conference of students.
- The main provisions of the work were the approbation in the form of ...
- The work received a positive assessment on speeches
- Approbation of certain provisions of work took place in the form of a report at the student conference.
Get acquainted with a fragment of scientific work:
- The research materials were used in the lessons of the Russian language in high school D. Noshino Abansky district, in high school number 2 of Kansk, as well as in speeches at the regional student Daleev readings (2002) and at the regional regional conference, held on the basis of the Cana Pedagogical College in 2003.
Sample administration
You can not learn the grammar of the language, vocabulary, stylistics, phonetics in the separation from the surrounding reality. The task of the student teacher consists primarily in making training raising so that the tasks in the Russian language helped the schoolboy to actively engage in creative activities so that the younger generation learned to penetrate the secrets of nature and social development. In this sense, the study of the native land will appear the gracious, nutrient medium, which will help the teacher to convey to the awareness of students about the regularities of the diverse world, reveal and show the history, culture and life of our people, the beauty and greatness of his language. The local lore material used in the lessons of the Russian language will serve as an active means of forming specific ideas and concepts, thereby contributing to the comprehensive development of students.
The study of the native land is of great interest for the teacher-writer himself, introduces him to scientific activities, produces the skills of the researcher, and this will require additional knowledge in the field of history, geography, ethnography and other sciences.
All the above and determined relevance This study, which is due to the search for spectacular, pathways aimed at overcoming formalism in the teaching of the Russian language.
Teach students to see and understand the beauty of the surrounding world, to instill love for native places, to people living near, finally, to the great and mighty Russian language, these are the primary tasks of a wonderful teacher who uses local history material in the lessons.
Object Research is the process of weapons of students in the knowledge system, ways to assimize educational information in the Russian language and the effectiveness of the speech developed on the basis of the use of local history material in the Russian lessons. Thus, local history material in Russian lessons is subject Our study.
purpose Studies: Prove the importance of applying local lore educational and didactic material, implementing the principle of inter-mediated relationships as one of the fixed assets in solving comprehensive learning and education tasks.
Objective and object Research is determined by workers hypothesisThe basis of which was the following provisions:
- local lore material as an educational and didactic, reflecting the principle of inter-subsecutive relations, contributes to solving a number of learning tasks - stronger and in-depth learning of knowledge, the development of language and speech skills and skills;
- Used in the lessons of the Russian language, local history didactic material has a direct and hidden impact on the upbringing of schoolchildren.
To achieve the goal and checking the hypothesis, it was necessary to solve the following tasks:
- analyze psychological and pedagogical and methodological literature on the issue of research in order to determine the theoretical foundations of using local lore material in the lessons of the Russian language;
- determine the location of local history in the system of interdisciplinary bonds;
- to identify the principles of the selection of the didactic material of local lore, show its influence on the education of schoolchildren;
- show system of receptions for the use of local history material in the lessons of the Russian language as one of the ways of implementing interdisciplinary connections.
Sources of research :
- theoretical provisions of the classics of pedagogy (, J. G Rousseau,), modern teachers (, etc.) of outstanding psychologists (, etc.) and methodists (, etc.,) working on the problems of interdisciplinary connections and the use of local lore material;
Research methods :
study and analysis of psychological and pedagogical and methodological sources on the problem; Experimental work, observation of educational activities in the lessons of the Russian language when using local lore material, processing the results of work, systematization and generalization.
Novelty of research It is an attempt to theoretically substantiate the use of local history material in the Russian class lessons as didactic when implementing interpremary ties; The paper proposes an approach to solving complex learning and education tasks on the material of local history in the implementation of interpremary relations on the example of studying the topic "Lexik" in grade 5.
Practical significance Research is as follows:
- the proposed approach to solving comprehensive learning and education tasks on the material of local history, the implementation of the principle of inter-subsequent relationships in the study of the topic "Lexik" in grade 5, can serve as a methodological guidelines in the work on the topic "Lexik".
- the theoretical aspect of the work can be used by the teacher in selection of the didactic material of local lore nature to effectively solve the problems of developing and educating learning.
Structure of work: The work consists of an introduction, two chapters, conclusions, applications, a list of literature, numbering 54 names.
Approbation : The results of the study were successfully tested at the Regional Scientific and Practical Conference (Krasnoyarsk, 2001)
Main part
The main part contains material that is selected by the student to consider the problem. It should not be created by very voluminous work, turning your work into mechanical rewriting from different sources of the first material that fell. More attention is better to pay for the reasonable distribution of material on paragraphs, the ability to formulate their name, compliance with the logic of the presentation.
The main part is divided into chapters (most often 2, less often 3), with each chapter - from two-three paragraphs (items). Chapters should be commensurate to each other, both by structural division and volume. The content of the main part should accurately comply with the topic of work and fully disclose it, to show the author's ability to compressed, logical and argued with the material.
The main part, in addition to the content as far as far as the content, should also include his own opinion and formulated independent conclusions based on the facts given. It is necessary to approach the lighting of low-prospective and discussion problems. It is impossible to represent as indisputable one of the existing views. Very well, if you express your own opinion on this issue, justify it or motivate your consent or disagreement with an already expressed point of view.
If the work represents a monographic abstract, then the construction of its main part largely depends on the structure of the source text, it is subject to the laws of its internal organization.
Most often, initially outlines the main theoretical provisions on the topic under study, theoretical understanding of the problem, and then a concretized methodological plan of the text actual or empirical material, which is argued confirms the above the theory, based on the analysis of the existing practice of teaching the Russian language. In the process of analysis, it is possible to determine the direction and those questions that need to be solved in the upcoming study in order to improve the process of studying the Russian language.
Any scientific work should contain a generalization. Generalizations are the basic meaning of scientific research. It is impossible to recognize a satisfactory work in which the facts are absorbed, examples, positions, views of scientists, etc. are listed, and there are no generalizations, the writing service cannot compare the material, combine, to be generalized.
Each chapter and work as a whole is completed with conclusions. Conclusions must be brief, with specific data on the results. Out of the wording should be excluded with general phrases, no meaningful words.
First chapter - Theoretical, usually reviews. It sets out the history and theory of the issue, the critical analysis of the literature is given, the conceptual apparatus is determined. This contains a referractive presentation (estimated nature) scientific research In this area, the quality of the problems already studied is drawn to attention, the circle of unresolved problems is indicated, the boundaries of the phenomena under study under study, theoretical prerequisites for studying this problem are revealed.
Chapter 1. Theoretical foundations of problem learning
1.1. From the history of the question
1.2. The concept of "problem learning". Its types, levels
1.3. Methods of problem learning
The first condition for any scientific work is accurate communication with the actual material, confirmation of the provisions of the provisions by convincing evidence. You must specify whose reasoning or conclusions you use, noting the view of the researchers on this issue.
The ability to generalize "and independently critically think" manifests themselves in the ability to build conclusions. Conclusions are a consequence of reasoning, evidence, material analysis. For example, developing the idea that the question of the words of the category of the state is controversial in Russian linguistics that there is no choice on the possibility of attributing this discharge to a special part of speech among scientists, you note that some scientists consider words categories of states a special part of speech Other - do not distinguish them from the composition of the nouns, adjectives and the shortcomings, from which they occurred. The basis for this scientists find the fact that the words of the category of states coincide in shape with adverbs, brief adjectives of the middle kind and nouns, therefore are homonyms. Here it is possible for a particular conclusion that the latter reason can not be an obstacle to the allocation of words of the category of state in a special part of speech.
In the conclusions on the first chapter, theoretical provisions should be identified to which the author of the work will rely during further research.
Second chapter - Practical, experimental experimental (the empirical) is dedicated to the description of the methods and the presentation of the empirical results of that research, methodological or applied work, which was done by the student. The chapter should be aimed at solving the selected problem and contain a detailed and systemic description of the practical results of the direct analysis of the methodological material on the research topic, the argued interpretation of its own observations and conclusions. In the second chapter (and in subsequent chapters, if any) a description of the research process, the methodology and technique of research achieved is covered. An analysis of the textbooks and programs included in this chapter is aimed at determining the effectiveness of the content and methodology of training.
This chapter shows the student's ability to plan and conduct an experimental study.
In methodical work in which there are no obvious hypotheses, the chapter describes the measures taken to highlight empirical indicators, checking or improving the reliability of developed, improved or compared methods. In applied jobs in which hypotheses are also absent, this chapter records the procedures for solving the practical problem obtained in this process results. In this case, the chapter also contains an assessment of the effectiveness of the proposed solutions. In experimental experimental work, this chapter presents the procedure for checking the experimental hypothesis, aimed at testing the truth of the proposed theoretical constructions, and the results obtained here.
This chapter includes the rationale for the used methods, which contains a response, why these methods were used and what their advantages are before others. Description of methods involves a description of the tasks that performed the subjects and the instructions they received.
In addition, it is necessary to give demographic (age-age) and a qualitative characteristic of the selected subject.
Analysis of the data confirms or refutes the hypothesis extended.
The results of the work must be submitted to the reader understandable. The data is translated into the form convenient for perception - graphs, tables, diagrams that demonstrate the quantitative ratios of the data obtained. With the abundance of illustrative materials of the study, the application may contain the most indicative of them from the point of view of the interpretation of the results.
You can select the following stages of experimental work:
1. Building a hypothesis, formulating the purpose of the experiment, which, as a rule, begins with the verbs: find out ..., reveal ..., form ..., justify ..., check ..., determine ..., Create. .., Build ... You need to answer my question: "What do you want to create in the end of the organized experiment?"
2. Creating an experiment program.
3. Development of paths and methods to fix the results of the study.
4. Experimental experiment.
An experimental chapter may consist of three paragraphs:
§1 Psychological and pedagogical substantiation of age and typological features of the perception of schoolchildren.
§2 Justification of your work technique under the stated topic.
§3 Description of the experiment.
The experiment includes 3 stages: a statement forming and final.
A selection work is carried out on the statement stage, allowing to identify the level of schoolchildren's development before the method of implementing the technique.
At the forming stage, the developed methodology is applied.
At the final stage of the experiment, control cutting work is carried out.
For a student's experiment, a student must have developed their training techniques, abstract lessons, didactic material for students. The technique should be line up not only on private, but also on general concepts.
At the same time, methods of fixing the stroke and the results of experimental work are determined, the criteria for evaluating the results of the work carried out with students, tasks for verifying the effectiveness of the technique implemented.
The central moment of experienced work is the conduct of lessons on which the work technique developed by the student is tested. Conducting lessons requires not only the implementation of the methodological system, but also observing students. During the lesson, it is necessary to record its results.
It is necessary to compare the results obtained with the initial hypothesis and answer the questions: how these results relate to the hypothesis, to which this hypothesis is confirmed by the results, as the data obtained correlated with the existing data on scientific publications, which conclusions bring this comparison, etc. During the discussion, new hypotheses appear that do not have confirmation, you can set out them and specify possible ways to confirm them. If negative results are obtained that do not confirm the hypothesis, they should also be set forth. This gives accuracy and persuasive work.
In the conclusions on the second chapter, the results of experimental work should be presented.
Conclusion
In conclusion, the results of the study are summed up: the conclusions are formulated on the paragraphs to which the author came, their significance is indicated, the possibility of introducing the results of work; Attention is drawn to the implementation of tasks and goals (purposes) nominated in the introduction; The prospects for further work in the framework of affected problems are scheduled. This confirms the relevance of the study. In general, the conclusion should give answers to the questions: why did this study taken? What is done? What conclusions came the author? In conclusion, you should not repeat the content of the introduction and the main part of the work, which is a typical execution error that continues to conclude a problem.
The conclusion should be clear, brief and thorough, resulting from the main part of the main part.
Sample conclusion
One of the indispensable conditions for successful work in the Russian language is to, teaching, constantly developing students. It is unacceptable, in our opinion, to reduce the learning towards the assimilation of only a certain linguistic and speech material. It is necessary to teach in such a way that the mental abilities of students develop at the same time. Usage rules, for example, contribute little to development. The formulation of creative tasks, the creation of problem situations, the search for rational ways to solve certain typical learning tasks to significantly affect the mental development of schoolchildren. Therefore, the organization of problem learning at school is one of the important and complex tasks of the present time.
Deciding in the introduction of the task, we came to the following conclusions:
1. Under the problematic training, such an organization should be understood as the organization of the educational process, which includes the creation of a problematic (search) situation in the lesson, the initiation of students needs to solve the problem, involving them in independent cognitive activities aimed at mastering new knowledge, skills and skills. , the development of their mental activity and the formation of the skills and ability to independently understand and assimilate the new scientific information. But, despite close attention to the issues of the introduction of problem learning in school practice, to develop its technology, in our opinion, it is incredibly difficult to implement in practice the problem learning "in its pure form" as a type or system of learning, as it requires a significant restructuring as content and training organization; In this connection, mainly the problem presentation of individual elements of the educational material occurs, problematic tasks are solved mainly by "strong" students. Problem learning is also carried out on electives, competitions, competitions.
2. Problem learning has a system of methods (a method of problem presentation, partly - search, research), based on the principles of problemability and goaling; Such a system provides a teacher managed by the process of educational and cognitive activity of students, the assimilation of scientific knowledge, methods of mental activity, the development of their mental abilities.
3. Organization of a problem lesson represents difficulties not only for beginners, but also for experienced teachers who are guided by the traditional structure when constructing it. Meanwhile, the problem of the problemability of the lesson is the presence in its structure of the stages of search activity (the emergence of the problem situation and formulation of the problem; nomination of proposals and justification of the hypothesis; proof of the hypothesis; verification of the correctness of the problem).
4. Didactically cognitive activation is achieved through the question, the task, task, visibility, speech, and more often their combination. Under certain conditions, these elements become in the hands of a teacher tool to create a problem situation, initiating interest and emotional attitude of students, mobilizing their will, encourage action.
The most important means of organizing the problem of problem learning stimulate the active cognitive, exploratory activity of students, bring up their desire and the ability to look for, to know the new one.
5. A comparative comparable analysis of textbooks shows that the textbook R. N. Buteva (the educational program "School 2100") is more focused on problem learning, since it contains high-level learning tasks of didactic difficulty. Performing such tasks, students penetrate the essence of the studied facts and phenomena, as they show cognitive independence, which is the ability to solve problems without help from outside (that is, without the help of the teacher).
However, in our opinion, the teacher must strive to increase the degree of complexity of training tasks, regardless of the textbook chosen by him, permeate the elements of educational activities. different types Classes in the Russian language, make lessons a variety, entertaining, creative.
After all, creative educational activities, unlike reproductive, provides a better learning assimilation, gives a pronounced developing effect, and also brings up active, initiative personality
application
Applications are a mandatory component of the course and output. They are not counted in the specified work
The content of the application is very diverse. Auxiliary or additional, reference and experimental material is placed here, clearly representing the results of the study: various kinds of table, schemes, diagrams, methodical, illustrative material, experimental programs, instructions, reporting forms, for example, samples of student work, the contents of the questionnaire, abstracts and fragments of lessons , etc. Applications are associated with the main part of the work, make up a single whole with it, are drawn up as a continuation of work on subsequent numbered pages, having them in the order of reference in the text.
At the beginning of the application, you must provide a general list of all applications.
Examples of including applications in the main text:
- As soon as the disciples mastered the algorithm, the reduction of logical operations begins. Some are intended to be meaningful, some - intuitive, without tension of thought and memory. At first, the action is conveniently fixed in a special table (Appendix 2).
- For example, when repetition at the beginning of the 5th grade "Noun" Noun "The fairy tale devoted to the decisions of nouns will help to actualize the knowledge of the spelling of the case endings. (Appendix 7)
- If the child could not write an exciting fairy tale, but he composed an interesting story or a poem, then it was undoubtedly necessary to encourage him. An example of a student of grade 6, see Appendix 5.
Requirements for writing and paperwork
Requirements for a coherent speech statement:
Subordination of all proposals for the implementation of one goal, ideas, the main thought;
Logical and language connected;
Structural ordering;
Meaning and composite completion;
Style homogeneity.
Making up the course work, the author must remember that each structural part (Introduction, the head of the main part, conclusion, application, bibliography) begins with a new page. All pages must be numbered (the title page is not numbered). The numbering of the pages on which the application is being made should be through and continue the overall numbering of the pages of the main text. Applications are numbered by Arabic numbers (without sign no), indicating the word "application" in the upper right corner, for example: " Appendix 1 "," Appendix 2"And so on. From the new line they write the name of the application.
First page - content (Table of contents) - a list of structural elements (chapters, paragraphs, etc.), compiled in the sequence in which they are given. The content indicates the page number on which the head of the chapter, paragraph, etc. is located.
The headlines presented in the content must accurately repeat the headlines in the text, be brief, clear, consistently and accurately reflect the internal logic of work. The headlines of the same stages of the heading must be placed in each other. The headers of each subsequent stage are shifted to the right with respect to the headlines of the previous stage. All headlines begin with a capital letter without a point at the end.
Sophisticated terms encountered in the text are necessarily explained in special footnotes or directly in operation.
Only generally accepted abbreviations and abbreviations are used, the meaning of which is clear from the context.
Citation rules should be followed. It is better to resort to internally links, which are made in brackets. For example:, which means: 28 - source number in the literature list, 104 - page number. Or [, p.48], where the author is indicated (you can with the source) and page number.
The necessary parameters of indentation during printing: one interval from the chapter and two - from paragraph (item) inside it.
The list of references is made in alphabetical order the names of the authors.
Print Standard:
- type - Times New Roman
Kehel 14 p.
Arctic interval - 1.5;
Left field size - 3.0 cm;
The size of the right field is 2.5 cm;
Upper size - 2.5 cm;
Lower - 3.5 cm.
Terms of tables and schemes:
The numbering is made by Arabic numbers;
Above the right upper angle are placed on the appropriate inscription (table, diagram) with an indication of the sequence number;
Tables are equipped with thematic headlines with the inscription in the middle of the page. Names are written from the capital letter without a point at the end.
Title page:
Name of the Ministry;
Name of the academic institution;
Title of the department;
Surname and initials of the student, his group number;
Surname, initials, scientific rank, position of the supervisor.
Sample plan of work on the topic "The collective form of the organization of educational training in the lessons of the Russian language"
How to determine the relevance of the topic?
It is the relevance of the chosen theme and becomes usually a stumbling block for many students and therefore we decided to try to help students understand this issue. It is no secret that if the work is not relevant, then its writing does not make any sense and, as a result, will not be credited, or, at best, it will not be assessed not to the highest rating. Speaking by scientific language, the relevance of any chosen topic when writing a student term paper Determines, on the one hand, a more specified and detailed study of a particular section of this academic discipline, and on the other, and this in itself is no less important, the need to enhance the learning process and an increase in the efficiency and effectiveness of the student's work independently.
So how to correctly formulate and, most importantly, argue the relevance of your chosen the topic of scientific coursework? Well, first, you should not start from afar, with common blurred phrases that do not have anything with the need to study this question at all and finish with the words "... that explains the relevance". More logical will begin with the words "the relevance of the selected study theme is due to ...." and then briefly and concisely clarify why it is the study of the chosen question or a problem that is important modern stage development of this scientific discipline. Secondly, and this is very important, the relevance should be clearly and scientifically substantiated, and this, in turn, means that a student, as a work author, is necessary in one small paragraph to state exactly, in his opinion, is the relevance, Namely the importance and timeliness of the chosen themes.
The relevance is easy to substantiate direct analysis of the current situation in the development of the studied industry and the obvious need for further deepest and detailed study of this or that direction. You should also draw special attention to the visible lack of or lack of necessary scientific information or receptions and methods that are required to solve or analyze a specific aspect. In addition, we recommend considering the chosen topic in the context of the socio-political or economic situation in the country, based on the topic of which discipline you write the course work. I do not extend, in our opinion, it will also indicate how it is a further and more in-depth study of a specific topic or a question will be able to influence the change in the situation for the better not only within a certain scientific discipline, but also in the life of society or a certain public group as a whole .
But, if, in spite of everything written above, the student still has questions about how to formulate and substantiate the relevance of the course work, we recommend it to pay special attention to the following advice.
First, it should be determined and justify the importance of the problem under study in comparison with other thematic directions. Then formulate and appreciate the need for its further study for this industry of science and possibly society as a whole.
The formulation of the relevance of work can be started, as already mentioned above, with such words: "The relevance of the topic of course work is due to the fact that at the moment ...". Or, as an option, first mention everything, in your opinion, important arguments and facts, and summarize, indicating that: "The aforementioned and substantiates the relevance of the chosen topic".
It should be noted that when the relevance of the chosen course of the course work, as well as when writing throughout the course work as a whole, is especially valued by the author's own opinion, his views and conclusions, and his personal vision of the importance of the problems under study. Since it is obvious that if the author is well and thoroughly studied and analyzed all the features of the material under consideration, it will be able to light up with ease and respond to all theoretical and practical questions on the topic of its scientific research.
It should not be made an explanation of the importance of the topic extensive in its size, it should be not more than 6-7 proposals, which will be enough to disclose the importance of the issue under study and mention all the main facts that will be considered to consider the chosen topic as relevant. But remember that the rationale for relevance should not be too short. Having studied it, reading or checking coursework, should make sure the topic is indeed relevant and that its further research can bring practical benefits. It is also important to note that significance, that is, the relevance of the topic under study, it is necessary to explain and is argued, as a rule, before the objectives and tasks are determined.
Well, at the end, I would like to recall that any element of the course work should be a fragment ended in a sense and grammatical terms, all offers and ideas should be logically constructed and interrelated.
Introduction 1.
Conclusion 3.
Introduction
The relevance of the study is due to the fact that in modern conditions for the development of the economy, ensuring the viability and continuity of the development of enterprises are possible mainly by increasing the competitiveness and selling products, which can be achieved to a greater extent by reducing the cost of production and sale of products. Reducing costs for sale increases the mobility of the enterprise in market conditions and the efficiency of sales activities. To reduce these expenses, it is necessary to create a system of management accounting and their control. Management accounting system for sale will serve as a basis for the adoption of effective management solutions (pricing, product range, etc.). In this regard, many Russian companies consider for themselves the most priority task of building a system of management accounting and control costs for sale and take steps to create it.
Having studied existing ones scientific work According to managerial accounting, it can be concluded that the problem of management accounting costs for sale is not enough worked and, accordingly, its targeted study is necessary.
The goal of the course work is the analysis and improvement of management accounting of expenses for the sale of the enterprise.
To achieve this purpose, the following main tasks were solved:
reveal the concept and classification of expenses for sale;
consider the essence and principles of expense management for sale;
give a brief organizational and economic characteristics of the object of observation;
evaluate the organization of synthetic accounting of expenses for sale at the enterprise;
estimate analytical accounting, management reporting and control of sales costs in the enterprise;
suggest ways to improve management accounting costs for the sale of goods at the enterprise.
The object of study of the course work is the trade enterprise LLC Tekhnoresurstroy.
The subject of the study is the methodology of the management accounting system and the control of sales costs in the enterprise.
The information base of the study is the regulatory documentation, literature on accounting financial and managerial accounting, financial management, data of synthetic and analytical accounting of expenses for sale, the accounting statements of the enterprise for 2006-2008.
The following research methods were used in the paper: Methods accounting (Double recording, balance generalization, accounts), methods of financial and economic analysis, statistics, etc.
Conclusion
Summing up the exchange rate, we can draw the following conclusions:
Sale expenses include the costs associated with selling products (works, services) paid by the supplier. The cost of sale together with the production cost form the full cost of sold products.
For the accounting of expenses for sale use an active account 44 "Sale expenses". The debit of this account takes into account the cost of selling from a loan of relevant material, settlement and monetary accounts. After each month, expenses for sale are written off at the cost of sold products. They relate to certain types of products directly, and if it is impossible to be distributed in proportion to their production cost, the volume of products sold at wholesale prices of the organization or in another way.
Sale expenses management is the fulfillment of the entire set of management cycle functions aimed at improving the efficiency of resource use in the enterprise. For management accounting, the analysis of factors affecting the level of circulation costs is important. These factors can be divided into manageable (depends on the activities of the enterprise) and unmanaged (independent). The unguided factors, first of all, include the price factor (except prices for its own goods), as the prices for materials, inventory and economic supplies, tariffs for transport services, rental rates, interest for the use of loans, etc. depend on external conditions and provide Direct impact on the sum of costs. The managerial can include the factors of the organization and management of economic processes, which include the degree of rational use of basic and working capital, the study of market conditions, the choice of effective forms of commercial service, improving labor productivity, rational implementation of credit and financial transactions.
The practical part of the study was carried out on the materials of Tekhnoresurstroy LLC. The main activity of Tekhnoresurstroy LLC is the wholesale and retail trade in construction materials, heating systems, window sills, components, etc.
Tekhnoresurstroy LLC takes into account the costs of appealing on the balance sheet account 44 "Sale expenses." According to the debit of account 44 "Sale expenses" during the reporting month accumulates the amount of the organization of the costs associated with the sale of goods. Sale expenses are reflected in the relevant articles in the reporting period to which they relate. Regardless of the term of the occurrence and time of payment. The costs produced in the reporting period, but related to the following reporting periods, are reflected in the debate of the Balance account 97 "Expenses of future periods". Then they write off to the cost of sale. Accounted on account 44 sales costs (costs of circulation) coming to the goods implemented for the current month at the end of the month are written off into the debit of account 90 "Sales", and the transportation costs for goods will be distributed between the goods sold and the balance of goods in the warehouse. Analytical accounting on the balance sheet account 44 is conducted by types and items of expenses.
For management accounting in Tekhnoresurstroy LLC, the Department of Management Accounting and Control is responsible. The Accounting and Department of Management Accounting and Control in Tekhnoresurstroy LLC is two equal divisions, which is directly guided by the financial director. But both departments are managerial and accounting - work in close cooperation with each other. After all, primary data that enters the accounting program, serve as the basis for management accounting and analysis.
The Department of Management Accounting and Control is a report on the company's expenses in the context of structural divisions. Thus, the company's management can trace the cost of both separate items (cost elements) and the company's structural divisions.
To control the expenditures in LLC Tekhnoresurstroy, use the method of comparison. It is based on the summation of deviations from the established standards of costs. The costs of costs represent reports with a reflection of planned (established estimates) and actual indicators, as well as deviations on them.
In general, it can be noted that management accounting in Tekhnoresurstroy LLC plays a double role: acts as a management control tool and at the same time is an internal control tool for the organization.
For the purposes of management accounting, it is useful to keep accounting costs for warehouses, retail points, etc. This accounting will allow you to analyze the effectiveness of the work of each trading point.
Also Tekhnoresurstroy LLC it is advisable to organize analytical accounting of costs for the method of attributable to the costs of individual commodity groups and structural units, i.e. Accounting direct and indirect costs. Direct at the trade enterprise are the costs that can be directly attributed to the corresponding view of the goods being implemented. Indirect include the costs associated with the implementation of several (all) types of goods. In combination, taking into account costs in the context of the outlets (zones), the accounting of direct and indirect costs provides useful information about the profitability of the goods of each type, contributes to effective pricing.
The relevance of the selected study is due to the fact that the construction of a state state in Russia is unthinkable without the effective protection of the rights and freedoms of citizens. One of the means of such protection is the court, the judicial procedure. The problem of protecting human rights in criminal proceedings is particularly relevant, where the interests of the state, society and individuals intersect, and the interests of the individuals need high protection.
The democratization of the domestic criminal procedure was expressed primarily in the revival of the jury since 1993. As is known, the citizens of our country at the constitutional level are guaranteed the right to participate in the administration of justice (part 5 of Art. 32 of the Constitution of Russia). The implementation of this constitutional right to the direct participation of citizens in legal proceedings began with the Renaissance in the Russian state of the jury. At the same time, it is probably difficult to find a criminal procedure institute that would cause large disputes into the circle of scientists and practitioners, dividing them into two irreconcilable opposing camps than the jury court. Moreover, the discussions relate to both the individual aspects of the jury of the jury, such as the optimal definition of the circle of criminal cases, sought up this court and the very existence of this institution.
The current state of the domestic legal system determines the objective need to further reform Russian criminal procedure legislation based on deep theoretical and practical studies, including in terms of the activities of the jury. Without a study of a rich foreign experience, where the jury court is recognized as a legal institution, it is impossible to develop the most suitable complex of procedural rules for the protection of rights, both participants in criminal proceedings and the candidates themselves.
Of all the common law countries, which are inherent in the jury, the United States is most important to comparative legal analysis with the Russian Federation due to the comparability with its territorial sizes and federal state Device. In addition, for the first time in the history of domestic criminal procedure legislation, with the adoption of the new Criminal Procedure Code in 2002, production in the jury Court is regulated on the Anglo-American model, which necessitates the need for studying and evaluating the feasibility of borrowing the US experience, where this institution has passed Century-old test and is distinguished by a detailed legal regulation. The above circumstances have led to the relevance of the topic of research.
It must be said that current issues related to the activities of the Jury Court were studied quite in detail in pre-revolutionary Russia. The work used the works of such Russian scientists like T.V. Aparova, K.F. Guzysenko, A.A. Kvachevsky, S.A. Kolomna,. Larin, V.Melnik, V.M. Nikolaiki, V.N. Osipkin, S.V. Praskova, A.K. Romanov, V.N. Rudenko, N.I. Stabers, I.Ya. Shestakova, I.G. Shcheglovitov, S.V. Scherbakov, as well as foreign specialists who investigated the features of the jury: W. Bernam, k. Mittermayer, D. Inta. The object of my research is the formation and development of the jury in the US in the middle of the XX century.
The purpose of the study will be to study the formation and development of the jury in the United States in the second half of the 20th century.
To achieve the goal, the following tasks will be solved:
1. Show the origin and development of the jury in England;
2. Describe the emergence, development and features of the jury in the United States in the XVIII-XIX centuries;
3. Describe the activities of the court of jury in the United States after World War II: the formation of the jury, the procedure for the work of the jury in the opposing court proceedings.
The structure of the work flows from these tasks, which consists of administration, two chapters separated by paragraphs, conclusions and a list of used literature.
Chapter I. History of the Jury in the US
§ 1. The origin and development of the jury in England
Since the most ancient times, along with despotic modes, there were and existed, albeit relatively short historical time, democratic republics, in which the power was not focused in the hands of one person or group of people, and in a large part was delegated to free citizens. It is in such states a trial, including criminal cases, was really open, vowels. Moreover, citizens themselves could directly participate in the administration of justice. Usually, the Athenian state and ancient Rome, the court in which occurred as such the most famous ancient states, in which the consistent participation of representatives of the people who have followed the process, and often have a significant impact on the adoption of one or another court decision. In this regard, the criminal process of ancient Athens and Rome wore a pronounced contestant in nature, when representatives of the charges and protection, in addition to the simple statement of the circumstances and their arguments, should have been convinced of their right and national representatives participating in the criminal process.
In the later century of the Middle Ages in Europe countries, the investigative (inquisition) criminal process became more and more common. Already in the XII century. It was allowed to use torture. Characteristic features of the search process: an extensive initiative of the judicial authorities in the initiation of criminal prosecution and investigating the case, the inslace of legal proceedings, his writing, limiting the procedural rights of the accused.
The relative exception from this trend was medieval England, where the jury was created and acted, where the royal power was limited to a certain extent, the presence of independent cities and sufficiently strong urban classes. In England, the contestant nature of the criminal process was preserved, the participation of jury provided a certain control of the Company over the trial.
Starting from the XII century. In England, the system of central courts was operating: "The Court of the Royal Bench", "The Upper Court of Chancellor", "Treasury Court", "Court of General Tools", as well as traveling courts of "assisions", which not only developed the overall right of England, but also generalized the most important The rules of legal proceedings.
The features of English proceedings formed on the basis of the merger of the Anglo-Saxon and Norman elements are usually associated with the institution in the same XII century. The jury vessels in which professional judges participated in order to resolve exclusively legal issues (Matter of Law), and aspects from the people to resolve the issues of the fact (Matter of Fact), as well as the emergence of the legislative body. Over time, the situation was developed, by virtue of which the legal norm set forth in the court decision is obligatory for the lower court or the court of equal instance. This is the so-called precedent theory, which has created a case law system (CASE LAW). It is believed that the principle of the precedent was formed at least in the XII century. or even earlier.
In the Royal Courts after the Norman conquest, prosecution was applied on an indictment involving jury. King Heinrich II (1154-1189) in the second half of the XII century. The law of 1166 established that 12 knights or other free people from each hundreds - jury must submit to the Royal Traveling judges when those stayed in the district, all those suspected of failing (murder, robbery, robbery, arson, counterfeitness, theft , rape) on the basis of any information, including those derived from the sheriff. They gave material to charge. Persons on whom jurors indicated how to criminals were immediately arrested and the Royal Court. Later from this institute was developed by the Institute of English Big, or Indusing Jury.
Approximately from the beginning of the XVI century, in the English process, the functions of witnesses and jury were distinguished: the first reported to the information known to them, and the second were resolved the verdict - the question of guilt was decided. Only in 1670, the rule was raised for which the jury could be punished for his verdict.
Consideration of the case by the court of jury in English customs was considered as the right of the accused, denying his guilt, and was determined by his agreement.
Under pressure from public opinion in the XVIII - XIX centuries. Torture in English courts gradually stopped, and this is the opposite extreme, in cases considered with the participation of jurors, did not interrogate the accused.
According to the law of 1825, only English male citizens are not under 21 years old and not older than 60 years old, who own land or house, bringing net income of at least 10 pounds per year, subject to ownership of the right of ownership or bringing revenues of at least 20 pounds, subject to ownership of the right lease. In the jury lists, persons occupying an apartment, an annual fee for which not lower than 20 pounds could also be made.
The criminal process has two jury compositions: a great jury (Grand Jury) and a small jury (Petty Jury). According to the general rule of crimes for which the punishment of liberty is imprisoned for a period of 6 months, the accused may be devoted to the court only by the decree of a large jury. This institute was considered in the British theory of one of the guarantees of personal freedom of citizens. The accused could be turned into a defendant only after the prosecution nominated against him will be confirmed by the verdict of the jury of 12-23 fees (that is, the voice of fray).
The law on the judicial procedure for the general law of 1854 has already admitted that, by agreement of the parties, civil case could be considered solely judge. The law on the management of Justice of 1933 provided that only cases of certain categories could be considered with the participation of jury, including deception cases, defamation.
In 1967, the principle of the unanimity of jurors regarding the submission of verdict in criminal matters was abolished, and from 1971 and in civil cases. The jury's jury decision is accepted if at least 10 of the 12 jury meetings voted for him.
Since 1972, property values \u200b\u200bfor jury was canceled in England, since due to the growth of material and educational level The masses of the masses, the property values \u200b\u200bbegan to be considered as an unfair and taught the privilege of the rich. At the same time, the minimum age for jurors was reduced from 21 to 18 years. The jury can be any citizen of the country aged 18 to 70 years. He must live in England at least 5 years after he turned 13 years old, and should be included in the voter lists. Law enforcement officers, members of parliament, lawyers, doctors, priests, some categories of convicts, suffering from mental illnesses, cannot be jaured.
Nevertheless, the compere process that has historically formed in England marked the victory of the bourgeoisie over feudal absolutism and was most common in states with the so-called Anglo-Saxon system of law. In the field of the organization and activities of the Court, this meant the replacement of the officials of the absolutist state by the courts of jury, and the inquisition, secret and written criminal proceedings - the process of competing, which was carried out vowelly and orally and where the accused had procedural rights of the part.
§ 2. The emergence, development and features of the jury in the USA in the XVIII-XIX centuries.
The United States of America arose as an independent state as a result of the revolution of 1776. The struggle of states for independence lasted until January 1783, when England recognized the independence of the United States. This was preceded by the period of the colonial domination of England, which began in 1606. English kings distributed huge colonies to individuals by almost the rights of feudal owners, assigning political, administrative and judicial functions.
A large jury arose in the middle of the XII century in England and is associated with the name of King Heinrich II. The first official jury were created in Massachusetts, and by 1683 in each colony operated their big jury (Grand Jury) in one form or another.
Aboven in England in 1933, but a large jury preserved to date in the United States considers the evidence submitted by the accusation and makes a decision: there are reason to believe that the crime was committed by this person, and whether it should be a person to appear before the court.
The small board of jurors in the criminal trial hear evidence and makes a decision on fact, legal
questions refer to the competence of the judge. Historically, a small jury was a meeting of witnesses, eyewitnesses and other persons living with accused nearby, they were instructed to solve the issue of the guilt of the person, and then the Royal Coroner brought the decision of the jury, that is, the communities where the accused, execution. Small jury consisted of 12 people, and the verdict of the jury was supposed to be delivered unanimously. The US states modified the old model. In many states, the number of jurors decreased twice (Florida) and the courts began to allow the unanimous jury decision by virtue of the high cost of creating a new jury. The Supreme Court found that the minimum number of jurors in the courts - 6, but in this case they should take the verdict unanimously.
The legislation of the US states is distinguished by the spirit of greater freedom, so public prosecutors have been introduced everywhere in America; An increase in the number of ships does not allow in America obstacles in the judgment of the Court. In America, legal means of protection for atrocities are offered, but there are no such institutions acting one. In America, each state has a special development of jurisprudence and this explains a wide variety of criminal proceedings. The idea of \u200b\u200buniversal equality before the law affects the preparation of jury, and the composition of the court.
The special system of American life creates a special look at the administration. In America, the right to draw up jurisdles is not provided by Sherif. It should be noted that in many states according to the decree of the law, officials, like judges, are chosen by the people themselves, so judges, being dependent on the people and fear to get under public opaway, often pushing the people's prejudices and the spirit of the party.
In the North American colonies whose residents have discovered a significant social and political activity and the spirit of counteraction of the metropolis, the English authorities have not always encouraged the development of the jury. In any case, it was in the conditions of an increasing crisis in relations between London and the colonists in the early 1770s. This infringement of the rights of Americans has found mention in the declaration of independence of 1776.
In America, the former colony of Great Britain created its own democratic state with one of the first constitutions in the world. The British rulers once again initiated the prosecution against the Americans for the illegal transportation of goods on the courts of other powers, but local jurors constantly justified the defendants.
It was during this period that after the ages of the closedness and cruelty of the court, the best minds of the revolutionary movement in Europe and the liberation movement in America realized the maximum importance of legislative consolidation of the requirement of openness, publicity of the trial. Thus, the norms on open consideration of court cases were included in the Constitution of new bourgeois-democratic states.
The initial text of the Constitution of the United States of America did not contain a separate norm about the publicity of the trial, but in the famous Bill on Rights 1789 - 1791. (The first 10 amendments to the Constitution) Such a rule was fixed.
Adopted in 1868. The XIV amendment to the US Constitution in aggregate with the decisions of the US Supreme Court spreads the rights and guarantees proclaimed in the Federal Bill on Rights to all states. Part of this amendment states that "no state should publish or implement laws that limit the privileges and freedom of citizens of the United States. No state should be deprived of any life, freedom or property without proper legal procedure and cannot refuse to face his power, equal to all the protection of the law. "
In subsequent years, the US Supreme Court interpreted these guarantees in such a way as to adapt the institution of the court of jury to changing conditions. The Supreme Court ruled that the right to the jury did not apply to small cases, and that any defendant may refuse his right to the jury and demand that the judge disassembled. At first, all jury jury consisted of 12 people who were obliged to make solutions unanimously. But the Supreme Court made additional flexibility to the system, resolving that in some cases the number of the jury may not exceed six people and that not all verdicts should be carried out unanimously.
Chapter II. The activities of the jury in the United States in the second half
§ 1. Formation of the jury
The initial stage of the judicial review is to resolve the issue of who will consider this case - jury jury (small jury) or professional judges. According to 5 and 14, amendments to the Constitution, everyone has the right to consider it properly by law. But the right to choose the jury's jury is not all. Of course, it is recognized as the right to choose the jury of the jury among the accused in Felon or Midminor. The right to be convicted and devoted to the court, not otherwise than on the basis of "legitimate decisions of the fellow citizens", adopted in the United States takes its origin from the English Charter of Valivity 1215
Long before the trial of the authorities of this territory, on the basis of voter lists, lists of persons who can be jurors are drawn up. These lists are complemented by lists of tax authorities, lists of value and lists of people who have driving license. Participation in the trial as a jury is the privilege and responsibility of a citizen at the same time. Based on these lists, choose a certain number of persons. Of these, they exclude persons accused of serious crimes who do not know how to read and write in English, persons involved in a special professional list (according to which people with certain professions cannot be judicial jury, about 70 professions).
It is important to keep in mind that recently in the United States there is a tendency to cancel all automatic liberations from the duties of the jury, including any liberation for lawyers and even for judges. The basis for cancellation was the constitutional right of citizens to the representative composition of the board. "The fear that the presence of a lawyer in the jury will create problems," Professor W. Bernham writes, "is considered exaggerated, since the task of jury is to identify the actual side of the case, and for this, legal education is not a hindrance."
All remaining candidates are checked for impartiality. The lists also exclude those persons for whom the mercy of the jury will be an exorbitant cargo (disabled, elderly). Selected people are at the right time to court, where they are distributed between the courts of court sessions. The prosecutor and the defender also lead the sworn. They detect among them those relating to the case or simply regardless of the affairs. This is the most difficult to comply with the condition for the formation of the jury, as it is practically impossible to find persons fully impartial to business. Sometimes the selection according to the most difficult affairs can last up to 70 days. The accused, judge and lawyer have the right to a motivated jury, the number of jurors, which may not be given the person's data, is regulated in each state by their own law. After that, the prosecutor and defender gives the right of unmotivated taps. Here the number of taps depends not only on the state law, but also from the category of crime. So, when accusing in a gravily Felon, a lawyer and the prosecutor can take up to 20 jurors.
The minimum amount of jury, which should remain after all taps, should be 12. In the process of discharged the jury, it leads to interrogation in the presence of all persons participating in the case. This procedure is called Voir Dire. It can take the same time as much as the provision by the parties to evidence.
To ensure the proper quality composition of the Board of jury, capable of effectively and conscientiously perform their duties, it is necessary that the "folk tips of justice" are free from prejudice to participants in the process, state or court. The explicit reluctance of a citizen to fulfill the duties of the jury, and the more hostile attitude is the basis for eliminating it from the jury.
Currently, there are many different theories in the USA, which can be guided by the lawyers of the parties in the selection of jury. "The theory is widespread," William Bernem writes, "according to which the jury meetings originating from the countries of Northern Europe are more prosecuted for prosecution and protection in civil, since they are less emotional. But the people from Middle Eastern and South European countries prefer directly opposite positions. Or, for example, the plaintiffs in civil and accused of criminal cases will be inclined in the selection in favor of young jury lower social status and various ethnic roots. At the same time, the defendants in civil cases and government prosecutors will strive for the opposite composition of the jury. "
In 1972, sociological studies were applied in the United States in the selection of jurors. They showed that with the right choice of jury as a lawyer, and the prosecutor will be able to form a public opinion they need, and hence the jury jury. This practice is illegal in the United States, and at present, special state sociologists are followed that there is no artificial opinion to create a public opinion in order to form a bossary jury.
§ 2. Procedure for the work of the jury in the opposing court proceedings
The main stage of the criminal American process is judicial review. This stage exists in all types of production, except for the option with guilt transactions, where judicial review is not fully conducted. The procedure of judicial review is the most detailed regulatory part of the process, both in terms of federal rules and other regulatory acts. It forms the basis of the American doctrine "Proper Legal Procedure" and is subject to greatest compliance and control, both by law enforcement agencies and supervisory judicial authorities. Americans adhere to strict formalism in this matter and punctually comply with the norms about the proper legal procedure.
The procedure for consideration of civil and criminal cases is the same. In all vessels, the accused has the right to a quick trial, so criminal procedural law establishes special terms - the accused must be devoted to the court no later than 120 days from the date of arrest. The amendment 1 to the Constitution provides the accused the right to the public process. Although this question is regulated only by common law, specific conditions have been developed under which the trial can be closed.
During the provision by the Prosecutor of his evidence, not only the judge is engaged in their assessment, but also a lawyer. In case of violation by the Party of Rules on the admissibility of the evidence submitted, the opposite party should declare this judge, which is solved by this issue independently, and if the jury participates, the main task of the judge becomes the elimination of the jury of the jury of the affectable and not related to the subject of proving materials.
The final word is the stage of the trial, on which the parties (the prosecutor acts first) give a brief summary of the evidence-collected and necessarily investigated in court and which can be particularly effective in the proceedings of the jury jury.
The instruction stage of the jury exists when considering the case of the Jury Court. According to paragraph 1679 of the federal rules of criminal proceedings, the instruction of the jury is a written explanation of the jury of the law applied by a professional judge. Instructions, usually, are numerous, detailed; And the jury is allowed to take a copy of the instructions in the meeting room. In addition to the law applied, the instruction contains an explanation of the basic rights and responsibilities of the jury.
It should be noted, in the USA is particularly important to instructions that are given by the judge for the jury jury. For example, incorrect instruction on the burden of proof often leads to cancellations of the submitted court decisions when revising the superior courts. Also, the above-mentioned example of the judge to discuss at least a way of evidence, on the one hand, indicates the importance of ensuring the impartiality of the jury at right solution and ensuring its sustainability in appeal, and secondly, the significance of such a property of evidence as their weight.
The purpose of instructing is the awareness of his role and place by each jury. In practice, the judge rarely make up the instructions for itself. This is done by the prosecutor and lawyer. The judge chooses the most acceptable option, corrects it and transfers the jury.
At this stage, the jury choose the elder. In some states, the Elder chooses the judge. From this point on, before the prevention of the verdict, the jury must be in maximum isolation. The jury can take with them to the meeting room only their written notes on the evidence submitted and a copy of the instructions. After the meeting and voting, the Elder announces the decision of the jury on the fact of the fact guilty or not the client and if so, then it deserves it deserves.
The penalty of the judge can be made in a few days or weeks. Judge this time uses to study the identity of the client. The verdict is in writing and signed by the senior jury, which is elected by the jury from among the members of the jury as their representative and leader. The verdict should not contain any substantiation of its output. The jury assessors, being the "facts of facts", in reality can not shy away from the legal and moral assessment of the accused action. Therefore, all professional judges understand that the valid verdict of the jury will depend not only on the actual side of the case, but from both moral qualities, public opinion, social status and the activity of positions when discussing the verdict. After making a verdict, but before the sentence of the defendant, there is an opportunity to apply for a "new process" if it may justify that any errors were allowed during the judicial review. The petition about the new process is not an appeal, since the decision of the court of first instance was not issued.
When submitting the verdict of the jury of the jury, the sentencing is divided into verdict and making a decision of a professional judge as far as punishment. The time interval between the submission of verdict and the sentence is usually 20-30 days, but in special cases the period can be extended to 90 days. During this period of time, the accused may apply for familiarization with all the materials of the case. This is necessary to realize the possibility of appealing the sentence. The judge, as already mentioned, at this time studies the personality of the accused to make an individualized punishment. The appointment of punishment of the judge is based on the personal case of the accused, which is provided by the judge by the police. This data is not achieved by anywhere during the proceedings, that is, not studied by the parties. The police conscience lies bias or impartiality of materials about the accused. The question of the establishment of personal qualities of the accused is in court proceedings more than once climbed in judicial practice.
§ 3. Criticity of the jury
Criticism of the jury is carried out mainly in two directions. Critics either indicate the relative inadiality and the high cost of proceedings with the participation of the jury, or question the ability of the jury correctly to solve affairs.
The question of the cost and inadanity of the court of jury. Consideration of cases in court with the participation of jurors in time goes by 40 percent longer than the consideration of the Affairs of the Court of Bench, that is, the vocational judges exercised alone. The strict use of the rules of evidence always takes time, lawyers are much longer when submitting affairs. The jury, without being "professional listeners of affairs," as judges, get tired, and they require more frequent breaks. Without a doubt, the decision-making process is more prolonged. High crime rate in the country and, as a result, a huge number of criminal cases subject to judicial consideration are overloading the judicial mechanism. According to American experts, if at least one percent of the entire mass of aggregated affairs reached the stage of the process with the participation of the jury, the criminal justice system in the United States would cease to function normally. In the country, it was simply not enough for a sufficient number of judges, prosecutors, defenders and material resources to work in which each accused could implement its constitutional right to a full-fledged judicial procedure. More than two million American citizens are urged every year to decide whether their fellow citizens are guilty or not guilty, and the state of jury costs not less than $ 500 million per year.
Thus, the courts pay the jury "fee" for the time spent by them, reimburse transportation costs, pay for accommodation in the hotel, partially compensate for the loss of salary during the execution of the jury duties. At the same time, about 60 percent of the time spent is wasted - for staying in the "Waiting Room". The question of the ability of jury as subjects of decision-making.The jury assessors are independent "judges of the fact" are forced to be passive, wordless listeners and the audience of the judicial investigation. They do not ask questions, do not show initiatives in the study of evidence, do not express doubts and do not receive clarification. Believing that they are assessed by the content of testimony, the jury actually decide for themselves the question only about whether it is possible to believe this witness. "To a large extent, it is just a jury guessess about the reliability or inaccessibility of witnesses' testimony." The critics of the jury are often claimed that in the legal system only specialists in the right should be involved in the decision-making process - it is impossible, they say, in this process to allow neurimists. The difficulties of jury are obvious when they have to evaluate testimony of scientific experts. What can jury oppose in their consciousness to authoritative expert opinion? It is hardly possible without professional knowledge to evaluate the scientific validity of studies using, for example, spectral analysis or labeled atoms, genetic or psychiatric studies, etc. However, the law provides the other party the right to oppose the opinion of his expert. But when the charge and defense put forward specialists at the same time in the same area of \u200b\u200bknowledge, analysis and evaluation of expert opinions are sometimes converted into a competition, which is not only moving, and sometimes not so much, the desire for the scientific establishment of truth, how much to protect the interests of the parties, Paying the speech of the expert, and approval by experts of its own professional prestige. "While the expert is one, he is invulnerable, at least spoke nonsense. Give him an opponent, the rings of the oracle turn into a proud dispute. "
Without the opportunity to assess the scientific objectivity and the accuracy of conclusions, the jury usually decide which experts deserves more trust, it gives an assessment of evidence of this kind of formal nature that prevents the formation of a reasonable "inner conviction". If the jury was allowed to intergenerately intervene, at least in the form of issues relating to the essence of evidence estimated by them, would have impaired the rhythm of the trial, it would have tolerate his progress on the judge, the prosecutor and the defender, and the duration of the trial would increase. The formation of jury inner conviction is also difficult because the dispute of the prosecutor and the defender during the process intends to protect the interests of its part in the course of the process, to convince the jury in their rightness and achieve the desired verdict, affecting their consciousness, emotions, prejudices.
The lawyers, judges and other specialists involved in the study of the Institute of Jury, indicate a number of problems generated by the current conditions and completely non-submitted for the authors of the Bill on the rights that have included a guarantee of the jury.
One of the most painful problems of this kind is the effect of racial factor on the formation of jury jury. By tradition, in the selection of jury, each of the parties has the right to remove without explaining the reasons for a certain number of candidates from the list of potential members of the jury (the so-called "arbitrary removal"). In recent years, some prosecutors enjoy this right to disappear all African-American candidates who, on the submission of the prosecutors, are inclined in favor of the defendants in criminal proceedings. The US Supreme Court condemned such a practice and ruled that the prosecutors should have good reasons for the discharge of Negro candidates for jury. But this solution is not easy to implement, because the prosecutors have adapted to find all sorts of pretexts for the discharge of potential jury from among African Americans, not mentioning their racial affiliation. As a result, among the black accused and their lawyers settled discontent with the system, which, from their point of view, deprives the defendants to appear to the jury equal to social status.
Another problem that the founding fathers of the American state could have anticipate in any way, was associated with a detrimental impact on the Institute of Court of Jury Processes on Celebrity Affairs. The popularity of film and television in America gave rise to a glamorous culture, where on the rich and famous are discredited as a higher creature, which are not deserving, which is the lot of ordinary citizens. As a result, when a celebrity appears before the court, and its fans sit in the jury collegium, a paradoxical situation may occur.
Author's itching of jury is a chronic problem on the processes in which celebrities appear. In the eyes of many jury, the transaction with the publishing house is the only chance in their lives to earn big money, and they are not always able to resist temptation. At the end of the sensational process of the once glorified football player and actor O. J. Simpson (contrary to the expectations of the jury were justified by the defendant, accused of double murder - his wife and her friend) Challenged at the court with a regret noted the fact that the jury was all so or other trying to Conclusion Copyright. The lawyers recognize that on the basis of the first amendment to the constitution, the jury people have freedom of speech and have the right to write about the case to which they are involved. However, the overall opinion comes down to the fact that such a practice can adversely affect the Institute of Jury Court.
Conclusion
The jury in the United States was created according to the sample of the English court of jury. In the US, the jury, considering the most important criminal cases and some civilians, is considered a fundamental part of justice, it is much more intense than in its homeland in England.
The US judicial practice is such that with the participation of jurors, no more than 15 percent is considered from among only serious criminal cases involved in the public attention.
The introduction of jury in the practice of Russian criminal proceedings is traditionally regarded as great progress in protecting human rights and increasing the objectivity of justice. Nevertheless, critical opinions are distributed about this.
Russian court Jury has some similarities with a similar legal institution in the United States. These are such general moments as: the presence of 12 jury and one judge, the jury selection procedure admits both a manifold and reasonable discharge, illegal and improper evidence is excluded from the discussion of the jury. The jury are instructed and advised without outside interference under the supervision of the chosen by them. The jury meets regardless of the judge and bear the main responsibility for determining the issues of the facts of the case and on the use of the law specified by the judge to them during the briefing. At the same time, the jury are not obliged to justify the decision taken by them.
If you compare the Russian and American model of legal proceedings with the participation of the court of jury, then first of all it is necessary to pay attention to the fact that in the United States, in contrast to Russia, there is no single in force throughout the country of the Criminal Procedure Code.
If we compare the requirements imposed by the law of Russia and the United States to candidates for jury, then a fundamental difference is that in the United States in the context of the reform of the court, they are increasingly talking about the constitutional law, first of all, the defendant (in the second - state) on the court jury. That is why in the USA is considered important that the composition of the jury was formed from representatives of the widest segments of the population living on the territory of the territory of the territory, which is called the "representative principle of the formation of a jury collegium.
Analyzing the composition of the jury in different periods of time, it can be concluded that the traditional Anglo-American tie of the jury meets the twelve people. Currently, the same quantitative composition remains for the consideration of criminal cases in Russia, and in US federal courts. In the courts of the states of crimes punishable by the death penalty, the requirement of a 12-membered jury and unanimous verdict is also mandatory; However, on cases of minor crimes and grave crimes not punished with the death penalty, the board in the states of the states can be formed from eight, seven, and even six jury.
Some cases are mentioned, during which the jury acted in violation of the law and made decisions in an arbitrary order. The question arises: how serious is the probability of the wrong decision of the case by the court of jury? Really, according to critics, jury court
can be misled with sweet lawyers, leading emotional evidence in favor of their part?. However, it must be remembered that the issues of law in the case decides the judge. There is also a division of duties between professional judge and jury that jury only solve the questions of the fact. To perform this feature, the presence of legal education in person does not always be considered a plus.
According to some researchers, there are currently more arguments against the jury court than the arguments for. "Today, the idea of \u200b\u200bthe transfer of the judicial authority is 12 jury, random people, it seems absurd. A random sample of jury jury can lead to the fact that they are intelligently able to evaluate evidence in the case. It is believed that jurors are biased relate to cases. For example, in autoavaria affairs they are often on the side of the driver. And in affairs on charges of journalists and newspapers - more often not on their side. The jury is easily affected by eloquent speakers. The composition of the jury does not always reflect the social composition of the country's population. In general, in the West there is a certain sunset of the Institute of Jury and the Reduction of His role in the administration of justice. "
In addition to these minuses, which the jury trial differs in the highest extent, such courts, being numerous and the most closest to different layers of society, are optimal conductors of the procedural requirement of publicity. As for the principle of adversarity, it is in the court of jury, it is observed to the maximum extent, since the jury, completely unfamiliar with the details of the preliminary investigation, are judged by the case solely on the basis of the data given during the trial.
Assessing the practice of jury vessels in the light of the provisions of the principle of adversarity, it is necessary to maintain objectivity, take into account the pros and cons. The jury court requires high quality of the investigation, the evidence of guilt must be irrefutable, the prosecutor's performance should be no less convincing than a lawyer's speech. All this is capable of setting up a completely new tone to our law enforcement system, viewing its effectiveness, and as a result - and the confidence in its society as a whole. This is the main positive moment of the jury. At the same time, it is necessary to supplement the provisions of the law on the selection of jury. The candidate selection mechanism must be impeccable so that there are no persons who are not able to make responsible decisions.