Bulletin of Yerevan University C: Jurisprudence
Articles of current interest on various issues of jurisprudence are published in the Journal. As a rule, these are the results of the research aimed to the improvement of RA legislation. The purpose of the journal is to contribute to the improvement and development of RA legislation. The Editorial Board of the journal always looks into widening the range of the authors, inviting the researchers from universities all around the world.
Conceptual Foundations and Characteristics of the Institution of the Weaker Party in Civil Relations
The scientific article is devoted to the analysis of the institution of the “weaker party” in civil relations. A study of foreign and international experience demonstrates that in many legal systems various mechanisms have been developed to ensure the legal protection of the weaker party, with the aim of safeguarding social justice. On a theoretical and methodological basis, the article examines the existing scholarly approaches to the legal protection of the weaker party and identifies the essential features that allow a participant to be classified as such. At the same time, it is emphasized that the scope of these features remains open and may be supplemented by new criteria derived from the principles of good faith, equality, and reasonableness. The article further formulates proposals for improving legal regulation, with the objective of enhancing the threshold of legal protection for the weaker party within the civil law of the Republic of Armenia․
Copyright (c) 2025 Արմեն Հայկյանց, Տարիել Բարսեղյան https://creativecommons.org/licenses/by-nc/4.0
Specifics of Amending and Terminating the Contract for the Provision of Tourist Services
The article discusses the specific features of amending and terminating contracts for the provision of tourism services. In particular, by comparing the regulations enshrined in the Law of the Republic of Armenia "On Tourism" and international documents governing the sector with the provisions of the RA Civil Code regarding unilateral amendment and termination of contracts, the author concludes that, due to the fixed-term nature of such contracts and the fact that they imply one-time execution, applying the judicial procedure for unilateral amendment and termination, as provided by the Civil Code, is not appropriate in this context. Instead, the author proposes to define by law the scope of essential breaches committed by either party that may serve as grounds for termination of the contract, as well as the most typical manifestations of significant changes in circumstances. In the event such grounds arise, it is suggested to grant the interested party the right to unilaterally terminate the contract out of court by operation of law. At the same time, it is proposed to establish rules for the distribution of expenses between the parties in such cases- in particular, the reimbursement of the cost of the service for organizing the provision of tourism services. Using the example of a contract for the organization of tourism service provision, the author also addresses certain key issues related to the correlation between the institutions of unilateral contract termination and unilateral refusal to perform the contract.
Copyright (c) 2025 Արմեն Հայկյանց, Եվա Սաղոյան https://creativecommons.org/licenses/by-nc/4.0
Restriction of liberty within the system of punishments
Within the framework of the present article, two core aspects pertaining to the legal nature of the punishment known as restriction of liberty have been subjected to analysis. The first aspect focuses on the classification of this measure, aiming to determine whether it should be considered a form of punishment or a distinct instrument of criminal-legal influence. The second line of inquiry seeks to examine the legal essence of this type of punishment in light of the European Convention on Protection of Human Rights and Fundamental Freedoms. Simultaneously, the study raises the issue concerning the definition of the term "restriction of liberty" and highlights certain legislative challenges associated with the application of such restrictive measures. As a result of the analysis - encompassing the aims attributed to both punishments and security measures, as well as the ideological foundations underlying the implementation of liberty-restricting sanctions - it is concluded that restriction of liberty may be legitimately classified as a form of punishment under criminal law. At the same time, we concluded that, within the context of the European Convention, the restriction of liberty as a punishment, in most cases, may be considered as a measure that does not amount to a deprivation of personal liberty, nevertheless, in certain cases, it is impossible to deny the hybrid nature of this type of punishment.
Copyright (c) 2025 Աննա Մարգարյան, Անահիտ Առաքելյան https://creativecommons.org/licenses/by-nc/4.0
The systematization of law is a permanent legal activity aimed at unifying legal acts with common features, the goals of which are to improve existing legal provisions, eliminate contradictory regulations, gaps, outdated provisions, and ensure the convenience of using legal material. Within the framework of this work, the differences and peculiarities of the forms of consolidation of legal acts have been studied, their theoretical and practical meanings have been analyzed, the effectiveness of the application of the forms existing in our legal system has been analyzed, and the need for legislative consolidation has been substantiated. As a result of the study, a grouping of systematization forms available in professional literature was also performed.
Copyright (c) 2025 Սերգեյ Քոչարյան https://creativecommons.org/licenses/by-nc/4.0
The specifics and development trends of internet intermediaries’ liability
In recent years, the issue of the liability regime of internet intermediaries has become a central topic of discussion within the European legal and policy context. A particularly pressing question has emerged as to whether online platforms should bear legal responsibility in situations where their infrastructure is used to disseminate insults, defamation, hate speech, or other forms of content violating fundamental human rights. This issue becomes especially pronounced when individuals whose rights have been infringed address these platforms with formal requests to remove offensive or defamatory material, yet the platforms fail to act. Such situations raise the question of two-layered (or dual) liability, which involves not only the original authors of the unlawful content but also the intermediaries who enable its publication and continued accessibility. The relevance of this topic increased significantly after 2016, particularly in the context of several presidential elections and the Brexit referendum in the United Kingdom. These developments intensified public debates around the balance between freedom of expression and regulatory control over the information environment. Currently, the European Court of Human Rights has developed an almost consolidated body of case law, indicating that internet intermediaries may be held liable when they fail to take appropriate and timely measures to remove defamatory or offensive content from their platforms upon notification. This debate and its potential regulatory solutions are also highly relevant to the Armenian legal context, particularly in light of ongoing legislative reforms and the provisions of the Constitutional Court of Armenia’s decision of October 1 of the previous year. These developments are likely to play a decisive role in shaping the future regulatory framework for the liability of internet intermediaries in Armenia.
Copyright (c) 2025 Արփինե Հովհաննիսյան https://creativecommons.org/licenses/by-nc/4.0
Criminalistic Issues of Public Prosecution Defense
The article is devoted to the study of theoretical issues of the system of forensic science. In the article, the author has deeply investigated: the third section of the system of forensic science, which for many years has been traditionally called "investigation tactics", the historical aspects and current state of the tactics of public prosecution defense, as well as the current issues and development prospects of the tactics of public prosecution defense. For this purpose, the author has studied, discussed and analyzed the opinions and viewpoints contained in the works of both domestic and foreign criminologists-scientists on this issue. The need to develop forensic instructions for the effective defense of public prosecution is currently, in the author's opinion, no longer a controversial scientific issue, since it has been substantiated and is conditioned not only by the needs of theory, but also by the practice of judicial investigation. As a result of the research, the author has briefly presented the essence and system of the tactics of public prosecution defense in the article.
Copyright (c) 2025 Արթուր Չախոյան https://creativecommons.org/licenses/by-nc/4.0
Some Issues Concerning the Institute of Exemption from CriminalLiability Due to the Expiration of the Limitation Period
The institution of exemption from criminal liability due to the expiration of the statute of limitations has been repeatedly discussed in various theoretical sources and commentaries. However, regarding many related issues, there is no unified approach in both legal theory and judicial practice. When examining the viewpoint that "due to the long time elapsed after the commission of a crime, the investigation becomes significantly more difficult, evidence loses its validity, and information in the memory of witnesses and victims becomes distorted or forgotten," it should be noted that with the advancement of modern information technologies—including artificial intelligence, video recording tools, new systems, and mechanisms for detecting and preserving evidence—this approach cannot withstand any criticism. Evidence of a crime can now be preserved for a very long time, which facilitates the effective conduct of legal proceedings. In cases involving the same crime, one individual may face long-term imprisonment, compensate for damages, and undergo numerous rehabilitation programs, while another may simply "do nothing" for a certain period and avoid criminal liability altogether. It has been noted that some manifestations of this institution are nothing more than instances of "prosecutorial justice," under which it is necessary to implement corresponding legislative amendments requiring that any decision to exempt a person from criminal liability must be made (approved) by a court. The author concluded that the institution of exemption from criminal liability due to the expiration of the statute of limitations is outdated. As criminal legislation evolves and improves, the possibility of exempting individuals from liability on these grounds should be eliminated. Additionally, it was pointed out that particularly problematic is Part 7 of Article 83, which states that "in this case, the statute of limitations resumes from the moment the person is detained or voluntarily surrenders." This legal provision is unjustified and, in the author's opinion, should be removed from the text of the said article. Since the statute of limitations ceases to run once a decision to initiate criminal prosecution is made, the provision on its resumption is untenable.
Copyright (c) 2025 Տիգրան Սիմոնյան https://creativecommons.org/licenses/by-nc/4.0
Termination of Employment Contract Based on Unsa­tis­factory Results of the Probationary Period
The article presents the institute of the probationary period and the peculiarities of terminating an employment contract with a person on probation, both from a substantive and procedural point of view. Reference is made to doctrinal approaches, the experience of foreign countries, and the relevant decision of the Court of Cassation. Proposals for legislative amendments are presented, which are aimed at clarifying and more fully regulating the institute of terminating an employment contract on the basis of a probationary period. In particular, it was proposed to clarify the possibility of testing the employee's human and other qualities during the probationary period and, accordingly, the employer's right not to indicate the exact reason for the termination of the contract in the dismissal order.
Copyright (c) 2025 Մանե Կարապետյան https://creativecommons.org/licenses/by-nc/4.0
PROBLEMS AND DEVELOPMENT PROSPECTS OF THE LEGAL CLINIC IN THE HIGHER EDUCATION SYSTEM
The relevance of the research is determined by the problems of legal clinic activities and the need to introduce effective mechanisms aimed at overcoming them in the higher education system, which can be based on the best practices of European legal clinics, which were studied in this research. The purpose of the research is to identify the problems related to the activities of legal clinics and propose mechanisms aimed at solving them in the context of the prospective development of legal clinical education in the Republic of Armenia. The authors' results of the research lead to the substantiation of the hypotheses put forward in the introduction of the research, that: 1. legal clinical courses in the RA universities should be mandatory in the curriculum for motivating more students to get involved in the activities of the clinic, 2. legal clinics of universities should receive financial or other support from the state, which will strengthen the relationship between the state and the higher educational institutions. The theoretical results of the research can be used in the theoretical studies dedicated to the problems of legal clinical education, as well as in the process of improving the legislation regarding the legal clinics in the system of higher education of RA.
Copyright (c) 2026 Tehmine Baghdasaryan, Ani Khechoyan https://creativecommons.org/licenses/by-nc/4.0
THE ROLE AND SIGNIFICANCE OF THE LEGAL CLINIC OF THE ACADEMY OF ADVOCATES OF RA AS AN INTEGRAL PART OF THE EDUCATIONAL PROCESS AND PLATFORM FOR PROVIDING FREE LEGAL AID
This article presents the Legal Clinic of the Academy of Advocacy as an educational and free legal assistance platform, its main features, as well as similarities and differences in comparison with legal clinics of higher educational institutions. The article also presents the history and development of the formation of the legal clinic, the approaches of various legal scholars to the role, significance and functions of the legal clinic. The article presents a proposal to introduce a model for pre-registration of persons applying to the clinic and the preliminary presentation of the legal problem in writing, leaving the definition of the registration format and deadlines to the discretion of the organization carrying out clinical activities, which in turn will contribute to the provision of higher-quality legal assistance and more effective time management.
Copyright (c) 2026 Mane Karapetyan https://creativecommons.org/licenses/by-nc/4.0
THE EXPERIENCE AND FEATURES OF CLINICAL EDUCATION AT 'PROGRESS' UNIVERSITY
The article is dedicated to the educational experience and distinctive features of the legal clinic at "Progress" University in Armenia. It explores the clinic's role as an educational and social institution, its functions, working methods, and contribution to students' practical preparedness. Special attention is given to the clinic's educational and social functions, as well as its role in the professional development of future lawyers.
Copyright (c) 2026 Lilit Muradyan, Anahit Stamboltsyan https://creativecommons.org/licenses/by-nc/4.0
ADVANCES IN LEGAL EDUCATION: THE ROLE OF LAW CLINICS IN PROMOTING CONSTITUTIONAL VALUES, HUMAN RIGHTS, AND PROFESSIONAL EXCELLENCE (USING THE EIU LAW CLINIC AS AN EXAMPLE)
This article discusses the current state of legal education, highlighting the gap between theoretical instruction and the development of practical skills. While universities tend to overemphasize theoretical knowledge, recent educational reforms - such as the Bologna Process - sometimes undermine the understanding of fundamental legal theories and values essential for the professional development of future lawyers. The relevance of this study lies in the urgent need to align legal education with the demands of human rights protection, the promotion of social justice, and the elimination of discrimination. The aim of the study is to propose a reform model that bridges the gap between theory and practice by integrating legal clinics into the curriculum. The authors argue that legal clinics serve as effective educational tools, allowing students to engage with real cases, critically assess the legal system, and develop the skills necessary for legal practice. The findings of the study show that clinics not only enhance students’ practical abilities but also foster a deeper understanding of the ethical and social dimensions of legal work. This study contributes to the discourse on legal clinics as a model of experiential education and is also considered a strategy for improving the training of legal professionals to better meet the needs of contemporary society.
Copyright (c) 2026 Nune Jomardyan, Zohrak Apresyan, Lia Tevosyan https://creativecommons.org/licenses/by-nc/4.0
THE STREET LAW PROGRAM AS A TYPE OF ALTERNATIVE EDUCATION AND A MEANS OF RAISING LEGAL AWARENESS IN SOCIETY
This article explores the Street Law program implemented by the Legal Clinic as a compelling model of alternative legal education and an effective instrument for raising public legal awareness. It delves into the origins and development of non-formal education, shedding light on its unique characteristics and the methods of its application—particularly within the framework of clinical legal education. Special attention is given to the dual educational effect of the program: on one hand, it equips law students with hands-on, practice-oriented training, and on the other, it helps enhance legal literacy among diverse social groups that may lack access to formal legal education. Grounded in both theoretical insights and practical experiences, the article argues that Street Law serves not merely as an innovative pedagogical tool, but also as a powerful vehicle for advancing the rule of law, nurturing civic engagement, and cultivating a legally informed society.
Copyright (c) 2026 Satenik Mkrtchyan, Knarik Vardanyan https://creativecommons.org/licenses/by-nc/4.0
The article is devoted to the essence of criminal prosecution as a criminal procedural phenomenon. The author consistently analyzes the historical development of the legislative concept of criminal prosecution, as well as the theoretical debates that have significantly influenced its formation. The discussion then focuses on the question of whether criminal prosecution can be considered as an independent procedural function. In particular, analyzing the procedural actions attributed to the substance of criminal prosecution in the context of the main characteristics of a criminal procedural function, the author states that these actions in fact constitute elements of other areas of procedural activity. Therefore, criminal prosecution cannot be regarded as an independent activity, its type, or direction. Then, considering this issue within the framework of the right to fair trial and proceeding from the premise that public criminal procedural activity is aimed at establishing objective truth and does not have an accusatory nature, the author also excludes that establishing the accused’s guilt and ensuring their criminal liability may not be viewed as the mission of any participant in the proceedings. As a result of the analysis, the author concludes that criminal prosecution is not a procedural function, but rather a state of procedural relations formed as a result of the investigation, its organization, and the exercise of supervisory functions over it, which reflects the participation of the person suspected of committing the alleged offense in the criminal proceedings. According to the author, criminal prosecution arises from the moment a decision is made to initiate it and is not carried out as such, but continues to exist by virtue of its initiation and the absence of its termination, regardless of whether any actions aimed at proving the person's guilt were taken during that period. Moreover, it persists even when actions are undertaken to refute the accused's guilt.
Copyright (c) 2025 Գևորգ Բաղդասարյան https://creativecommons.org/licenses/by-nc/4.0
THE HISTORY OF THE FORMATION AND THE ROLE OF LEGAL CLINICS: A CASE STUDY OF THE YEREVAN STATE UNIVERSITY LEGAL CLINIC
The scientific article explores the historical evolution and development of legal clinics as student-led legal counseling centers. It examines the origins and global proliferation of the term "legal clinic," highlighting its integration into leading universities worldwide. The research emphasizes the dual significance of legal clinics- educational and social- focusing on their role in equipping law students with practical professional skills and in providing free, high-quality legal assistance to socially vulnerable populations. A significant part of the article focuses on the foundation and evolution of clinical legal education at the Faculty of Law of Yerevan State University, highlighting its origins, key developmental milestones, and the breadth of its current activities.
Copyright (c) 2026 Qnarik Vardanyan https://creativecommons.org/licenses/by-nc/4.0
LEGAL FOUNDATIONS OF LEGAL CLINICS' ACTIVITIES IN THE REPUBLIC OF ARMENIA
Legal clinics traditionally fulfill two main missions-educational and social- serving as a unique model of legal education and of legal aid provision. At the same time, it is evident that the effectiveness of legal clinics' activities is largely conditioned by the presence of necessary and sufficient functional, structural, procedural, and material prerequisites. Moreover, in order to grant these prerequisites an institutional character, it is essential to provide them with appropriate legal regulation. Based on theoretical sources, Armenian legislation, and both international and domestic practices, this article presents the role and significance of legal clinics, explores the content of the concept of a “legal clinic,” analyses their educational and social functions, and discusses the essential preconditions for their effective operation. A separate subject of discussion has been the insufficient level of legislation regulating the activities of legal clinics, including limitations on students involved in legal clinics to carry out court representation, the absence of effective tools for obtaining evidence necessary for legal assistance, the lack of requirements ensuring client confidence in the clinic, such as professional conduct rules for the clinic, and others. In the article, the authors present a number of scientific-practical conclusions that can serve as guidelines for improving the effectiveness of legal clinics' activities and further development of the clinical education system.
Copyright (c) 2026 Tigran Markosyan, Nare Paronyan https://creativecommons.org/licenses/by-nc/4.0
On The Main Issues Of Implementing The Institute Of Citizens' Legislative Initiative
The article is devoted to the issues of implementing the institute of citizens’ legislative initiative. As a result of the constitutional amendments of 2015, a new institute of direct or immediate implementation of democratic power was adopted in the Republic of Armenia, the implementation of which is fraught with serious legislative and organizational problems and imperfections. The article examines the peculiarities of the institution of citizens’ legislative initiative in the Republic of Armenia and other countries using the method of comparative legal analysis. The aim of the article is to analyze the key issues of proposing a draft law by citizens with the right to vote through a civil initiative, and the objective is to reveal the importance of citizens’ legislative initiative and the difficulties of its implementation using the example of the Republic of Armenia and other states. The theoretical basis of the article is scientific works related to the topic, and the normative legal basis is the Constitutions of the Republic of Armenia and other states, as well as relevant legislative acts. As a result of the study, it is proposed to review the number of citizens exercising the right of legislative initiative, the number of signatures required to identify citizens for holding a referendum on the same issue and for demanding a referendum in general, and other issues. The article is topical and contains scientific novelty, related to the proposals for constitutional amendments in the Republic of Armenia on how to clarify and improve the normative legal foundations of the institution of civic initiative aimed at strengthening direct democratic power.
Copyright (c) 2025 Ռուզաննա Հակոբյան, Հրանուշ Հակոբյան https://creativecommons.org/licenses/by-nc/4.0
Criminal Law Issues of Norms Encouraging the Surrender of Weapons in Illicit Trafficking
Legal norms encouraging the surrender of weapons in illicit trafficking play an important role both in crime prevention and in promoting lawful behavior among citizens. In this context, it is especially important to analyze the changes introduced in recent years to the criminal legislation of the Republic of Armenia. Part 4 of Article 335 of the new Criminal Code of the Republic of Armenia, adopted on May 5, 2021, contains an incentive provision regarding the voluntary surrender of illegally circulating weapons, which substantially differs in content from the corresponding provision enshrined in Part 5 of Article 235 of the Criminal Code adopted on April 18, 2003. The purpose of this article is to examine the substantive changes that have occurred in these legal provisions and to assess their impact on criminal policy and law enforcement practice. In order to achieve the stated objective, the article conducts a comparative analysis of the incentive norms provided in both the former and current Criminal Codes, as well as the peculiarities of their application, while also identifying key issues and challenges that may arise in the course of law enforcement practice. The study was carried out using both general (interdisciplinary) and specialized methods of scientific inquiry, such as dogmatic, comparative legal, and logical analysis, as well as the method of legal modeling. As a result of the research conducted in the article, a number of conclusions were drawn, based on which well-founded proposals aimed at improving the incentive norm were presented.
Copyright (c) 2025 Վիրաբ Համբարձումյան, Սերգեյ Առաքելյան https://creativecommons.org/licenses/by-nc/4.0
Methodological Criteria for Limiting General Equality Before the Law
Methodological criteria for limiting general equality before the law. The aim of this study is to examine the universal methodological criteria for limiting general equality before the law based on the analysis of contemporary theoretical material from the perspective of the current concept of formal equality and its characteristic features developed in legal doctrine. In this regard, the general equality of all was chosen as the object of the study, while the subject was chosen the identification of the legal framework for its limitation in the context of the following questions, which have both theoretical and practical significance; what do we understand by universal equality? what do we understand by "rule" in the context of general equality? in what case can the limitation of general equality before the law be aimed at achieving a goal established by the Constitution of the Republic of Armenia? Through the generalization of the stated objectives and ways of solving them, the methodological criteria for limiting general equality before the law were presented as the final result, beyond which the limitation of universal equality before the law cannot be qualified as proportionate.
Copyright (c) 2025 Геворг Вирабян https://creativecommons.org/licenses/by-nc/4.0
General legal characteristics of mediation
Improving the effectiveness of the mechanism for ensuring human rights and freedoms cannot be achieved solely through the application of imperative methods of legal regulation. Therefore, the importance of so-called “self-regulation” mechanisms is significantly increasing today. Consequently, in order to enhance the effectiveness of the protection of citizens' rights, it is necessary to ensure that the form of dispute resolution corresponds to the nature of the dispute (“Fitting the forum to the fuss”). Alternative dispute resolution involves a process in which a neutral third party is engaged to assist in the resolution of legal disputes through procedures such as mediation, arbitration, and others. One of the methods of alternative dispute resolution is mediation, which is actively used in many countries with developed legal systems. The parties are free to resort to mediation, where a neutral party mediator assists them in reaching a resolution.
Copyright (c) 2025 Վարդուշ Եսայան https://creativecommons.org/licenses/by-nc/4.0
The Essence of the Constitutional Requirement on the Establishment of Taxes, Duties, and other Mandatory Payments in Accordance with the Law
This article examines the constitutional and human rights dimensions of tax obligations in the Republic of Armenia, focusing on Article 60(8) of the 2015 Constitution, which integrates the obligation to pay taxes, duties, and other mandatory payments into the provision on the right to property. The analysis reveals a legal transformation: whereas previous constitutions treated taxation as a standalone civic duty, the 2015 Constitution reframes it as a legitimate restriction on property rights. Through a doctrinal analysis of Constitutional Court jurisprudence—particularly Decisions ՍԴՈ-753 (2008), ՍԴՈ-816 (2009), ՍԴՈ-1142 (2014), and ՍԴՈ-1436 (2018)—the article clarifies the principle of legality as applied to taxation. The Court has consistently ruled that both the types of taxes and their constituent elements (e.g., taxable base, rates, and scope) must be defined exclusively by law, not by sub-legislative acts. The article further compares Armenian constitutional standards to the European Court of Human Rights’ interpretation of Article 1 of Protocol No. 1 to the European Convention on Human Rights. It emphasizes that taxation, while an interference with property rights, is permissible when it is lawful, pursues a legitimate public aim, and satisfies the requirement of proportionality. A practical case study on cadastral valuation illustrates how delegating key components of tax determination (e.g., zoning boundaries) to government decisions violates the principle of legality and may lead to unconstitutional interference with property rights. Ultimately, the article concludes that to be valid, tax obligations must be clearly and comprehensively grounded in legislation, ensuring legal certainty, predictability, and compliance with constitutional and international human rights standards
Copyright (c) 2025 Саяд Бадалян https://creativecommons.org/licenses/by-nc/4.0
The Institutional System Development of Law Contrary to the Closed Legislative List
The article examines the institutional framework for development that operates contrary to established legislative restrictions formulated as closed lists of appealable judicial acts. The theoretical framework employs Carl Schmitt’s concept of the "normal judge," with a focus on the institutional nature of judicial act contra legem. The author examines the judicial practice of the Republic of Armenia, where criminal courts demonstrate relative flexibility in applying closed lists—unlike civil and administrative courts, which adhere to a strictly formalistic approach. The study analyzes cases in which courts recognize acts not included in closed lists as appealable, as well as the approach of the Constitutional Court of the RA toward legislative gaps. The author criticizes the stance of the Constitutional Court of the Republic of Armenia, as articulated in its Decision ՍԴՈ-1476, according to which the Court is only authorized to review the constitutionality of legislative gaps (omissions) resulting from a defect (error) in legal regulation, whereas the legislator’s deliberate silence falls outside the scope of its jurisdiction
Copyright (c) 2025 Артур Гамбарян https://creativecommons.org/licenses/by-nc/4.0
Conditions of Lawfulness for Causing Harm to Interests Protected by Criminal Law in The Course of Conducting an Operational-Search Measure
In order to establish the applicability of any circumstance excluding criminal liability, the existence of the conditions of lawfulness for that circumstance must be confirmed. In this article, we examine the conditions of lawfulness for the circumstance excluding criminal liability, which we have proposed under the title “Causing Harm to Interests Protected by Criminal Law in the Course of Conducting an Operational-Search Measure”. As a result of the study of the proposed content of this circumstance excluding criminal liability, the following conditions of lawfulness have been identified, the essence of which is examined in detail in separate sections of this article: harm to interests protected by criminal law must be caused in the course of conducting an operational-search measure, the harm must be caused by a person conducting operational-search activity in accordance with the procedure established by law, the harm must be caused within the scope of an assignment given for the purpose of preventing or detecting a crime, or obtaining evidence, there must be no alternative measures unrelated to causing harm that could achieve the intended purpose, the limits of causing lawful harm must be maintained during the conduct of the operational-search measure. Only in the presence of all the listed conditions simultaneously can the existence of the circumstance excluding criminal liability under consideration be confirmed. Based on the results of the research conducted, the article presents a number of proposals of scientific and practical value.
Copyright (c) 2025 Геворг Барсегян https://creativecommons.org/licenses/by-nc/4.0
Why the French Law Against Food Waste is a Scientific Innovation
The objective of this analysis is to highlight the urgency of quickly obtaining a new effective law against food waste. Indeed, the alarming situation with regard to the social and environmental emergency requires a change in the law. Indeed, on the one hand an increase in impoverishment in our country and increasingly long queues at the “soup kitchen” and on the other hand the emergence of worrying global warming, citizens expect effective, innovative and adapted legal tools. Let us recall that the French law of 3rd February 2016 had positive consequences that we will study. However, we must go further with a new bill against food waste in order to adapt the legal framework to the current situation. This is the objective of this legal analysis.
Copyright (c) 2025 Араш Дерамбарш https://creativecommons.org/licenses/by-nc/4.0
''Compulsory'' Arrest of the Accused and the Impossibility of Arresting a Person on Directly Originated Reasonable Suspicion
The article is devoted to the practical issues of the protection of the right to personal liberty in the context of the legal regulations of arresting a person in case of the existence of reasonable suspicion that has arisen directly about having committed a crime and arrest for taking before the Court the accused who is at large. Referring to arresting a person in case of the existence of reasonable suspicion that has arisen directly about having committed a crime, the author criticizes the absolute prohibition of applying this type of arrest when criminal proceedings are initiated, as it is defined in the law of the Court of Cassation. Substantiating the fact that criminal proceedings have been initiated in itself does not exclude situations of immediate arrest of a person with external signs of a crime, the author considers the criterion of “no criminal proceedings have been initiated” to be unacceptable for considering an existence of reasonable suspicion that has arisen directly about having committed a crime, and instead puts forward the criterion of “the suspicion which is not arising from the evidence”. Referring to the other type of arrest, the author claims that the Criminal Procedural Code established a requirement to arrest the accused who is at large for taking him before the Court. Such a requirement is a manifestation of the presumption of deprivation of liberty, which contradicts the presumption of personal liberty and the international legal prohibition of arbitrary arrest. The author believes that the legislator considered the arrest of the accused mandatory for formal purposes, such as in order to consider the motion to detain the accused as proper and to initiate the detention proceedings, with the aim of sparing the court that arrested the latter from the burden of being considered a depriver of liberty.
Copyright (c) 2025 Геворг Багдасарян https://creativecommons.org/licenses/by-nc/4.0
Some Legal Issues Related to the Jurisdiction of the Court in the Framework of an Application for Permission to Conduct an Operational Search Event or a Secret Investigative Action
The purpose of the article is to analyze some of the legislative requirements for the consideration of petitions submitted to the court for conducting an operational search event or a secret investigative action. The legal norms are such that often both the investigating authorities and the prosecutor's office, as well as the court interpret them in different ways. This, in particular, refers to the interpretation of the result obtained during an operational search event or a secret investigative action, in accordance with one of the requirements imposed on these requests during requests for an extension of the period of an operational search event or a secret investigative action. In addition, there is still no unified approach in law enforcement practice regarding the obligation of a court considering a request for an operational search measure or a secret investigative action to identify a legislative gap existing in the RA Criminal Code. In other words, the article aims to present the problems that have arisen in law enforcement practice. In this regard, the article is also relevant, since the presented approaches may be of interest to both students and lawyers, law enforcement officers and judges.
Copyright (c) 2025 Карен Амирян https://creativecommons.org/licenses/by-nc/4.0
Combating Human Trafficking and Exploitation and Protection of Victims’ Rights in the Penitentiary System
The article aims to present the manifestations of human trafficking and exploitation in the penitentiary system, the mechanisms for identifying such cases, the scope of victims' rights and the obligations of the state. Emphasizing the importance of prison work in terms of rehabilitation and resocialization of individuals, it was underlined that the state, in particular, the prison administration, must take all necessary steps to exclude human trafficking and exploitation, considering its manifestation as a failure to fulfil the obligations of the state and a gross violation of human rights. As a result of the research, recommendations were presented aimed at addressing human trafficking and exploitation in the prison system. These include the introduction of a mechanism for identifying such cases, supporting and protecting victims, referrals and cooperation with other bodies, the inclusion of specific criteria for this issue in the general risk and needs assessment tool, etc. The importance of combating any manifestation of human trafficking and exploitation by the prison administration or peers deprived of liberty within the prison was emphasized.
Copyright (c) 2025 Сергей Казинян https://creativecommons.org/licenses/by-nc/4.0
Judicial Practice in Applying Statutes of Limitations in Confiscation Proceedings for Illegally Acquired Property
This article examines the judicial practice of applying the statute of limitations in proceedings concerning the confiscation of property of illegal origin. It has become a common practice for the Prosecutor General’s Office of the Republic of Armenia to file lawsuits within the three-year period established by law and subsequently submit petitions to the court seeking to amend the subject and basis of the lawsuit. Notably, such petitions are often filed after the investigation has commenced and beyond the three-year limitation period. Nevertheless, courts consistently reject defendants' petitions to apply the statute of limitations, citing relevant provisions of the RA Civil Procedure Code. The authors argue that this interpretation of the statute of limitations contradicts specific legal provisions outlined in the RA Law "On the Confiscation of Property of Illegal Origin". Furthermore, the interpretation of Article 8 of the RA Law "On the Confiscation of Property of Illegal Origin", as well as Articles 12, 170, and 340 of the RA Civil Procedure Code, raises concerns regarding their compliance with constitutional principles and merits a thorough review.
Copyright (c) 2025 Давид Мелконян, Арсен Тавадян https://creativecommons.org/licenses/by-nc/4.0
Problems of Abuse of Rights in Civil Proceeding
In the framework of this article, the author has comprehensively studied and analyzed the substantive elements and functional features of the institution of abuse of procedural rights in civil proceedings. The basis for the study was the need to identify the scope of bearers of the possibility of abuse of procedural rights and obligations, the content and manifestations of abuse, and the legal mechanisms for eliminating the consequences. It has been substantiated that the abuse of procedural rights is not identical to a classic offense, since in this case the subject of law acts in accordance with legal orders during its activities, uses its rights, or fulfills the formal obligations imposed on it by law, but violates or causes harm to the rights of other participants in the proceedings and to the public interests of the effective administration of justice. It has been substantiated that abuse of procedural rights is an independent form of unlawful conduct, which results in the participants in the proceedings exercising their procedural rights and obligations in bad faith, that is, with unlawful expectations or inconsistent with their intended purpose. Moreover, abuse of rights can also be committed by a person who is not the actual holder of the relevant procedural right, which is due to the distinction between the concepts of being the real and formal holder of a subjective right. The court may also determine the good faith of a participant in the proceedings in exercising procedural rights and fulfilling procedural obligations by assessing actions taken outside the framework of the proceedings in a given civil case. As a result of the analysis of the norms prohibiting abuse of rights, the author has concluded that in civil proceedings there is a presumption of good faith of the participants in the proceedings, which conditions the realization of the rights and obligations of the participants in the proceedings, as well as the existence of a positive obligation of the court to ensure their protection. The selection of judicial sanctions or other proportionate measures of legal influence applied to persons who have abused procedural rights or other opportunities has also been emphasized, which is the discretionary power of the court and is conditioned by the degree of effectiveness in eliminating and counteracting violations of the rights of the participants in the proceedings, as well as private and/or public interests in the administration of justice protected by law.
Copyright (c) 2025 Ваге Оганесян https://creativecommons.org/licenses/by-nc/4.0
Practical Issues of Detaching a New Criminal Case in the Criminal Proceedings of RA
The article is devoted to a discussion of practical issues of detaching a new criminal case provided for by the new Code of Criminal Procedure of the Republic of Armenia. In the article, the author, relying on the opinions expressed in the legal literature, decisions of the Court of Cassation and the European Court, notes that the institution of combining and detaching criminal proceedings cannot be considered as one of the technical means by which the law enforcement agency is able to change, that is, reduce or increase the subject of research on the case in progress. On the contrary, this institution requires a deep and thoughtful approach in its application, since the complex of legal relations regulated by it is in direct connection with the basic, fundamental provisions of the entire criminal process and the tasks facing it. A study of the practice of applying Article 10 of the RA Code of Criminal Procedure shows that its application pursues a different goal that does not follow from the essence of the institution of detaching criminal proceedings. The existing legal practice of detaching criminal proceedings is due to the stipulation in the new Code of Criminal Procedure of the terms of criminal prosecution. If there are several defendants, when they are accused of committing crimes of varying gravity, the body conducting the process, in order not to violate the deadlines for the prosecution, in violation of Article 10 of the Code of Criminal Procedure, separates a proceeding and transfers it to the court. This practice contradicts the meaning of the institution of separation of proceedings and violates the constitutional rights of the accused.
Copyright (c) 2025 Самвел Дилбандян, Давид Мелконян https://creativecommons.org/licenses/by-nc/4.0