Bulletin of Yerevan University C: Jurisprudence
type: channel
description: 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.
publisher: Yerevan State University
language: en
publication name: Bulletin of Yerevan University C: Jurisprudence
issn: 1829-4561
items: The Preclusive and Conclusive Effects of Prosecutor’s and Investigator’s Decisions on Termination of Criminal Prosecution and Dismissal of Criminal Proceedings in Criminal and Civil Procedures
items: Legal Nature of Judgments of the European Court of Human Rights and Specifics of Their Implementation
items: John Rawls’s Theory of “Justice as Fairness” as the Foundation of Lawmaking
items: The Problem of Using the Results of Operational-Intelligent Activities Carried Out for the Purpose of Detecting Crime in the Criminal Judiciary of the RA
items: Application of Interim Measures of Protection of Rights in Proceedings for Reversal of Execution of a Judicial Act
items: Legal Consequences of Classifying Land Plots and Attached Buildings and Structures as Independent Civil-Law Objects: A Comparative Analysis and Reform Perspective
items: Law-Making Technique in the Context of Legal Technique
items: Artificial Intelligence in the Military Beyond Laws: Conceptual Clarifications and a Functional Approach
items: Conceptual Foundations and Characteristics of the Institution of the Weaker Party in Civil Relations
items: Specifics of Amending and Terminating the Contract for the Provision of Tourist Services
items: Restriction of liberty within the system of punishments
items: Forms of Systematization of Legal Acts
items: The specifics and development trends of internet intermediaries’ liability
items: Criminalistic Issues of Public Prosecution Defense
items: Some Issues Concerning the Institute of Exemption from CriminalLiability Due to the Expiration of the Limitation Period
items: Termination of Employment Contract Based on Unsa­tis­factory Results of the Probationary Period
items: PROBLEMS AND DEVELOPMENT PROSPECTS OF THE LEGAL CLINIC IN THE HIGHER EDUCATION SYSTEM
items: 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
items: THE EXPERIENCE AND FEATURES OF CLINICAL EDUCATION AT 'PROGRESS' UNIVERSITY
items: 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)
items: THE STREET LAW PROGRAM AS A TYPE OF ALTERNATIVE EDUCATION AND A MEANS OF RAISING LEGAL AWARENESS IN SOCIETY
items: The «Function» of Criminal Prosecution
items: THE HISTORY OF THE FORMATION AND THE ROLE OF LEGAL CLINICS: A CASE STUDY OF THE YEREVAN STATE UNIVERSITY LEGAL CLINIC
items: LEGAL FOUNDATIONS OF LEGAL CLINICS' ACTIVITIES IN THE REPUBLIC OF ARMENIA
items: On The Main Issues Of Implementing The Institute Of Citizens' Legislative Initiative
items: Criminal Law Issues of Norms Encouraging the Surrender of Weapons in Illicit Trafficking
items: Methodological Criteria for Limiting General Equality Before the Law
items: General legal characteristics of mediation
items: The Essence of the Constitutional Requirement on the Establishment of Taxes, Duties, and other Mandatory Payments in Accordance with the Law
items: The Institutional System Development of Law Contrary to the Closed Legislative List

The Preclusive and Conclusive Effects of Prosecutor’s and Investigator’s Decisions on Termination of Criminal Prosecution and Dismissal of Criminal Proceedings in Criminal and Civil Procedures
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description: This paper is devoted to the analysis of the intra-branch effects and interbranch effects within the framework of civil proceedings of prosecutors’ and investigators’ decisions on the termination of criminal prosecution and dismissal of criminal proceedings at the pre-trial stage, as well as issues related to the use of criminal case materials as evidence in civil proceedings. Based on theoretical sources, legislation, and judicial practice, the paper examines the interrelationship between the concepts of preclusive effect, conclusive effect, res judicata, and non bis in idem. It identifies the preclusive nature of decisions on the termination of criminal prosecution and dismissal of criminal proceedings and substantiates the absence of their conclusive effect in both criminal and civil proceedings. Particular attention is given to the possibility of using the aforementioned decisions, as well as other materials of criminal proceedings, as evidence in civil litigation and to the limits of their evidentiary admissibility and probative value. Based on the conducted research, the authors present several theoretical and practical conclusions that may serve as guidance for clarifying the limits of interaction between criminal and civil proceedings, determining the boundaries of evidentiary value of criminal case materials, and contributing to the further development of judicial practice.
subject: Civil Procedure
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creator: Tigran Markosyan
creator: Artur Ghambaryan
rights: Copyright (c) 2026 Тигран Маркосян, Артур Гамбарян https://creativecommons.org/licenses/by-nc/4.0
date: 2026-06-05
publication date: 2026-06-05
starting page: 23
ending page: 41
doi: 10.46991/BYSU.C/2026.17.1.023

Legal Nature of Judgments of the European Court of Human Rights and Specifics of Their Implementation
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description: This article analyzes the legal nature of judgments of the European Court of Human Rights and the specifics of their execution within the conventional human rights system. It demonstrates that judgments of the ECHR have a dual legal nature: on the one hand, they are binding inter partes for the respondent state, while on the other, they form authoritative standards of interpretation of the European Convention on Human Rights for all member states (res interpretata). The article examines the main forms of implementation of ECHR judgments in national legal systems, including individual and general measures of execution, as well as the mechanism of international supervision of their execution, carried out by the Committee of Ministers of the Council of Europe. It concludes that the ECHR's practice has a significant impact on the development of national legal systems and contributes to the formation of pan-European standards for the protection of human rights.
subject: International Law
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creator: Stepan Kartashyan
rights: Copyright (c) 2026 Степан Карташян https://creativecommons.org/licenses/by-nc/4.0
date: 2026-06-05
publication date: 2026-06-05
starting page: 67
ending page: 81
doi: 10.46991/BYSU.C/2026.17.1.067

John Rawls’s Theory of “Justice as Fairness” as the Foundation of Lawmaking
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description: This paper analyzes John Rawls’s theory of Justice as Fairness, considering it as a normative standard for evaluating public governance and legal systems. The study argues that formal legality and administrative efficiency, in themselves, do not guarantee justice. The methodological approach of the “veil of ignorance” makes it possible to formulate legal norms that are impartial and equally acceptable to all, regardless of social position or individual circumstances. The 2015 constitutional amendments of the Republic of Armenia, particularly the institution of the “stable majority,” are examined in light of Rawlsian theory, revealing challenges related to political participation and institutional balance. It is concluded that the legitimacy of public authority requires a shift from formal legality to substantive justice, ensuring equal opportunities, accountability, and institutional transparency.
subject: Theory of State and Law
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creator: Meline Sahradyan
rights: Copyright (c) 2026 Мелине Саградян https://creativecommons.org/licenses/by-nc/4.0
date: 2026-06-05
publication date: 2026-06-05
starting page: 52
ending page: 66
doi: 10.46991/BYSU.C/2026.17.1.052

The Problem of Using the Results of Operational-Intelligent Activities Carried Out for the Purpose of Detecting Crime in the Criminal Judiciary of the RA
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description: The purpose of the article is to analyze the issue of using the results of operational-investigative activities carried out for the purpose of revealing a crime in the criminal proceedings of the Republic of Armenia. 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 refers to a certain contradiction between Part 3 of Article 96 of the Criminal Procedure Code of the Republic of Armenia and Article 4 of the Law “On Operative-Investigative Activities”. In other words, the article aims to present a problem that has arisen or may arise in legal practice. In this regard, the article is also relevant, since the approaches presented may be of interest to students, lawyers, law enforcement officers, and judges.
subject: CRIMINAL PROCEEDINGS
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creator: Karen Amiryan
rights: Copyright (c) 2026 Карен Амирян https://creativecommons.org/licenses/by-nc/4.0
date: 2026-06-05
publication date: 2026-06-05
starting page: 82
ending page: 86
doi: 10.46991/BYSU.C/2026.17.1.082

Application of Interim Measures of Protection of Rights in Proceedings for Reversal of Execution of a Judicial Act
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description: In the article, the authors comprehensively examined the need for the application of interim measures of protection of rights during the proceedings for the reversal of the execution of a judicial act. The article substantiates that the court ensures the resolution of the issue of reversal of the execution of a judicial act based not on the private interest of one of the parties in this case, but on the public interest, namely that the Court is obliged to ensure the proper implementation of the mechanisms provided for the realization of the fundamental rights of a person defined in Articles 61 and 63 of the Constitution. Based on the above, the authors concluded that the court, based on the peculiarities of the proceedings for the reversal of the execution of a judicial act and having the duty to ensure the realization of the person's right to judicial protection and a fair trial, is not only obliged to reverse the judicial act on its own initiative, but also to ensure the execution of its own judicial act. The authors substantiated that, in order to ensure the execution of the judicial act, within the framework of the proceedings for the reversal of the execution of the judgment, the court should first apply such measures of protection of the right that are necessary to achieve the final goal of the proceedings. The article analyzes in detail the interim measures of protection of rights, the cases of their application and the initiators, also comparing them with the measures of securing the claim. The institute of ensuring the execution of the judgment within the framework of the proceedings under discussion was also analyzed. In the light of legal practice, legislative regulations and the conducted analyses, the authors proposed to provide regulations in the Civil Procedure Code that relate to interim measures of protection of rights in the proceedings for the reversal of the execution of the judgment and their application.
subject: Civil Procedure
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creator: Vahe Hovhannisyan
creator: Anahit Antonyan
rights: Copyright (c) 2026 Ваге Оганесян, Анаит Антонян https://creativecommons.org/licenses/by-nc/4.0
date: 2026-06-05
publication date: 2026-06-05
starting page: 6
ending page: 22
doi: 10.46991/BYSU.C/2026.17.1.006

Legal Consequences of Classifying Land Plots and Attached Buildings and Structures as Independent Civil-Law Objects: A Comparative Analysis and Reform Perspective
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description: This article analyzes the legal consequences of classifying a land plot and the buildings and structures erected on it as independent civil-law objects under Article 134 of the Civil Code of the Republic of Armenia. It demonstrates that the separation of ownership rights to land and to the attached structure generates conflicts over use and disposition, restricts the effective exercise of property rights, and creates legal uncertainty, particularly with respect to buildings constructed on municipally owned land. The study offers a historical and comparative perspective grounded in the Roman-law principle superficies solo cedit and examines legal systems in which buildings generally follow the legal fate of the land. The paper also evaluates Armenian legal mechanisms aimed at preserving land–building unity and highlights their practical limitations. As a reform vision, it proposes re-centering the concept of immovable property on the land plot, while treating buildings and structures as constituent parts of the land, subject to narrowly defined exceptions for condominium ownership and building rights.
subject: Civil Law
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creator: Narine Avagyan
rights: Copyright (c) 2026 Нарине Авагян https://creativecommons.org/licenses/by-nc/4.0
date: 2026-06-05
publication date: 2026-06-05
starting page: 111
ending page: 122
doi: 10.46991/BYSU.C/2026.17.1.111

Law-Making Technique in the Context of Legal Technique
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description: The purpose of this study is to identify the semantic differences between the terms “legal technique”, “law-making technique” and “legislative technique”, and to substantiate the existence of “lawmaking technique” as a separate type of legal technique. Legal technique encompasses not only legal practice but also other areas of legal practice. Generally, it encompasses the rules, techniques, and methods of preparing, drafting, and executing legal documents, and includes both legal practice technique and legislative technique. To achieve this goal, the article examines various approaches to their understanding in the theoretical literature, the main issues of distinguishing legal technique into types and subtypes, which made it possible to identify subtypes of law-making technique.
subject: Theory of State and Law
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creator: Sergey Kocharyan
rights: Copyright (c) 2026 Сергей Кочарян https://creativecommons.org/licenses/by-nc/4.0
date: 2026-06-05
publication date: 2026-06-05
starting page: 42
ending page: 51
doi: 10.46991/BYSU.C/2026.17.1.042

Artificial Intelligence in the Military Beyond Laws: Conceptual Clarifications and a Functional Approach
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description: Debates about “lethal autonomous weapon systems” (LAWS) and so-called “killer robots” have dominated legal and ethical discussions of military artificial intelligence in recent years. Yet contemporary military AI capabilities extend well beyond autonomous weapons, encompassing intelligence, surveillance, and reconnaissance (ISR), command-and-control decision support, cyber operations, logistics, and training. This article maps how “autonomy” and “military AI” have been framed in policy, law, and ethics, and proposes a functional framework aligned with current military practice and emerging AI-enabled operations. It first situates today’s autonomy discourse within a longer trajectory of military automation and delegated control. It then shows how academic and strategic literature has expanded from a LAWS-centered lens toward broader conceptions of algorithmic warfare and AI-enabled defense. Building on this evolution, the article presents a three-axis framework organized by (i) purpose of use, (ii) type of effects, and (iii) role in the decision chain, alongside working definitions of autonomous weapon systems (AWS) and LAWS. It concludes that structuring legal, ethical, and policy analysis around functions, effects, and control modalities—rather than labels alone—better captures the spectrum of military AI and supports coherent governance.
subject: Civil Law
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creator: Tatevik Davtyan
rights: Copyright (c) 2026 Татевик Давтян https://creativecommons.org/licenses/by-nc/4.0
date: 2026-06-05
publication date: 2026-06-05
starting page: 87
ending page: 110
doi: 10.46991/BYSU.C/2026.17.1.087

Conceptual Foundations and Characteristics of the Institution of the Weaker Party in Civil Relations
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description: 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․
subject: Civil Law
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creator: Armen Haykyants
creator: Tariel Barseghyan
rights: Copyright (c) 2025 Արմեն Հայկյանց, Տարիել Բարսեղյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 154
ending page: 170
doi: 10.46991/BYSU.C/2025.16.2.154

Specifics of Amending and Terminating the Contract for the Provision of Tourist Services
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description: 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.
subject: Civil Law
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creator: Armen Haykyants
creator: Yeva Saghoyan
rights: Copyright (c) 2025 Արմեն Հայկյանց, Եվա Սաղոյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 113
ending page: 134
doi: 10.46991/BYSU.C/2025.16.2.113

Restriction of liberty within the system of punishments
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description: 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.
subject: Criminal Law
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creator: Anna Margaryan
creator: Anahit Arakelyan
rights: Copyright (c) 2025 Աննա Մարգարյան, Անահիտ Առաքելյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 35
ending page: 52
doi: 10.46991/BYSU.C/2025.16.2.035

Forms of Systematization of Legal Acts
type: item
description: 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.
subject: Theory of State and Law
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creator: Sergey Kocharyan
rights: Copyright (c) 2025 Սերգեյ Քոչարյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 6
ending page: 17
doi: 10.46991/BYSU.C/2025.16.2.006

The specifics and development trends of internet intermediaries’ liability
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description: 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.
subject: Civil Law
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creator: Arpine Hovhannisyan
rights: Copyright (c) 2025 Արփինե Հովհաննիսյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 135
ending page: 153
doi: 10.46991/BYSU.C/2025.16.2.135

Criminalistic Issues of Public Prosecution Defense
type: item
description: 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.
subject: CRIMINAL PROCEEDINGS AND CRIMINOLOGY
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creator: Artur Chakhoyan
rights: Copyright (c) 2025 Արթուր Չախոյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 99
ending page: 112
doi: 10.46991/BYSU.C/2025.16.2.099

Some Issues Concerning the Institute of Exemption from CriminalLiability Due to the Expiration of the Limitation Period
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description: 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 su…
subject: Criminal Law
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creator: Tigran Simonyan
rights: Copyright (c) 2025 Տիգրան Սիմոնյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 68
ending page: 82
doi: 10.46991/BYSU.C/2025.16.2.068

Termination of Employment Contract Based on Unsa­tis­factory Results of the Probationary Period
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description: 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.
subject: Civil Procedure
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creator: Mane Karapetyan
rights: Copyright (c) 2025 Մանե Կարապետյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 184
ending page: 194
doi: 10.46991/BYSU.C/2025.16.2.184

PROBLEMS AND DEVELOPMENT PROSPECTS OF THE LEGAL CLINIC IN THE HIGHER EDUCATION SYSTEM
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description: 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.
subject: Articles
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creator: Tehmine Baghdasaryan
creator: Ani Khechoyan
rights: Copyright (c) 2026 Tehmine Baghdasaryan, Ani Khechoyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 68
ending page: 77
doi: 10.46991/BYSU.C/2026.SP2.068

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
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description: 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.
subject: Articles
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creator: Mane Karapetyan
rights: Copyright (c) 2026 Mane Karapetyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 47
ending page: 55
doi: 10.46991/BYSU.C/2026.SP2.047

THE EXPERIENCE AND FEATURES OF CLINICAL EDUCATION AT 'PROGRESS' UNIVERSITY
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description: 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.
subject: Articles
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creator: Lilit Muradyan
creator: Anahit Stamboltsyan
rights: Copyright (c) 2026 Lilit Muradyan, Anahit Stamboltsyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 78
ending page: 89
doi: 10.46991/BYSU.C/2026.SP2.078

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)
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description: 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.
subject: Articles
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creator: Nune Jomardyan
creator: Zohrak Apresyan
creator: Lia Tevosyan
rights: Copyright (c) 2026 Nune Jomardyan, Zohrak Apresyan, Lia Tevosyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 56
ending page: 67
doi: 10.46991/BYSU.C/2026.SP2.056

THE STREET LAW PROGRAM AS A TYPE OF ALTERNATIVE EDUCATION AND A MEANS OF RAISING LEGAL AWARENESS IN SOCIETY
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description: 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.
subject: Articles
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creator: Satenik Mkrtchyan
creator: Knarik Vardanyan
rights: Copyright (c) 2026 Satenik Mkrtchyan, Knarik Vardanyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 37
ending page: 46
doi: 10.46991/BYSU.C/2026.SP2.037

The «Function» of Criminal Prosecution
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description: 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 g…
subject: CRIMINAL PROCEEDINGS AND CRIMINOLOGY
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creator: Gevorg Baghdasaryan
rights: Copyright (c) 2025 Գևորգ Բաղդասարյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 83
ending page: 98
doi: 10.46991/BYSU.C/2025.16.2.083

THE HISTORY OF THE FORMATION AND THE ROLE OF LEGAL CLINICS: A CASE STUDY OF THE YEREVAN STATE UNIVERSITY LEGAL CLINIC
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description: 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.
subject: Articles
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creator: Qnarik Vardanyan
rights: Copyright (c) 2026 Qnarik Vardanyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 5
ending page: 21
doi: 10.46991/BYSU.C/2026.SP2.005

LEGAL FOUNDATIONS OF LEGAL CLINICS' ACTIVITIES IN THE REPUBLIC OF ARMENIA
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description: 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.
subject: Articles
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creator: Tigran Markosyan
creator: Nare Paronyan
rights: Copyright (c) 2026 Tigran Markosyan, Nare Paronyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 22
ending page: 36
doi: 10.46991/BYSU.C/2026.SP2.022

On The Main Issues Of Implementing The Institute Of Citizens' Legislative Initiative
type: item
description: 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.
subject: Constitutional law
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creator: Ruzanna Hakobyan
creator: Hranush Hakobyan
rights: Copyright (c) 2025 Ռուզաննա Հակոբյան, Հրանուշ Հակոբյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 18
ending page: 34
doi: 10.46991/BYSU.C/2025.16.2.018

Criminal Law Issues of Norms Encouraging the Surrender of Weapons in Illicit Trafficking
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description: 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.
subject: Criminal Law
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creator: Virab Hambardzumyan
creator: Sergey Arakelyan
rights: Copyright (c) 2025 Վիրաբ Համբարձումյան, Սերգեյ Առաքելյան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 53
ending page: 67
doi: 10.46991/BYSU.C/2025.16.2.053

Methodological Criteria for Limiting General Equality Before the Law
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description: 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.
subject: Theory of State and Law
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creator: Gevorg Virabyan
rights: Copyright (c) 2025 Геворг Вирабян https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 19
ending page: 31
doi: 10.46991/BYSU.C/2025.16.1.019

General legal characteristics of mediation
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description: 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.
subject: Civil Procedure
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creator: Vardush Yesayan
rights: Copyright (c) 2025 Վարդուշ Եսայան https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-01
publication date: 2025-12-01
starting page: 171
ending page: 183
doi: 10.46991/BYSU.C/2025.16.2.171

The Essence of the Constitutional Requirement on the Establishment of Taxes, Duties, and other Mandatory Payments in Accordance with the Law
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description: 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
subject: Constitutional law
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creator: Sayad Badalyan
rights: Copyright (c) 2025 Саяд Бадалян https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 49
ending page: 55
doi: 10.46991/BYSU.C/2025.16.1.049

The Institutional System Development of Law Contrary to the Closed Legislative List
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description: 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
subject: Theory of State and Law
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creator: Artur Ghambaryan
rights: Copyright (c) 2025 Артур Гамбарян https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 6
ending page: 18
doi: 10.46991/BYSU.C/2025.16.1.006