Can defendants in life imprisonment cases demand a jury trial: The Constitutional Court studies the CPC provision

The Second Senate of the Constitutional Court of Ukraine, during the open part of the plenary session in the form of written proceedings, considered the case on the constitutional complaint of Maxim Vyacheslavovych Maltsev.

During the plenary session, the reporting judge in the case – judge of the Constitutional Court of Ukraine Vasyl Lemak informed that the applicant applied to the Constitutional Court of Ukraine with a petition to verify the compliance of part ten of article 615 of the Criminal Procedure Code of Ukraine with the Constitution of Ukraine.

According to the contested provision of the Code, "criminal proceedings in the court of first instance regarding crimes punishable by life imprisonment shall be conducted collegially by a court composed of three judges, except for criminal proceedings in a court where, before the introduction of martial law and the entry into force of this part, a court composition with the participation of jurors was determined."

The reporting judge presented the content of the constitutional complaint and the applicant's reasoning. He noted that a criminal proceeding is pending before the Oleksandrivskyi District Court of Zaporizhzhia city concerning Maltsev M.V., who is accused of committing criminal offenses defined in part two of article 28, part two of article 111, part one of article 14, part two of article 258, part two of article 263-1 of the Criminal Code of Ukraine.

In January 2026, Maltsev M.V. filed a petition with the court to conduct the criminal proceedings against him by a court composed of two judges and three jurors. The Oleksandrivskyi District Court of Zaporizhzhia city denied the petition.

The subject of the constitutional complaint argues that part ten of article 615 of the Code "does not comply with the requirements of article 3 of the Constitution of Ukraine regarding the obligation to create an appropriate legal mechanism to protect constitutional rights and freedoms of the individual, in particular ensuring the right to a jury trial in criminal cases where life imprisonment may be imposed."

The author of the petition also believes that the contested provision of the Code violates "the principle of the rule of law and constitutional hierarchy of norms," "the principle of equality before the law guaranteed by article 24 of the Constitution of Ukraine," and also nullifies "the constitutional role of the people in the administration of justice, which directly contradicts article 124 of the Constitution of Ukraine."

Furthermore, Maltsev M.V. notes that part ten of article 615 of the Code does not comply with paragraph 1 of part two, part four of article 129 of the Basic Law of Ukraine, as it "excludes one of the constitutionally defined forms of trial, leaving the individual no opportunity to exercise their right to a jury trial." In his opinion, "such legislative restriction disrupts the balance between forms of trial, reduces the level of procedural guarantees for the defense side, and contradicts the constitutional principle of equality of participants in the judicial process."

The judge also reported that to ensure a full and objective consideration of the case and to make a reasoned decision, the Second Senate of the Constitutional Court of Ukraine sent inquiries, in particular, to state authorities, the Ukrainian Helsinki Human Rights Union, and higher education institutions. The content of the expressed positions will be communicated to the judges during the closed part of the plenary session.

After examining the case materials, the Second Senate of the CCU proceeded to the closed part of the plenary session.

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