Vol. 11 No. 2 (32) (2020)

DOI: https://doi.org/10.46991/BYSU:C/2020.11.2
Published: 2020-09-30

Articles

  • Articles

    Realization of the Constitutional Idea of Balance of Public and Private Interests in the Context of the Provisions of the Draft New Code of Criminal Procedure of the RA

    G. Ghazinyan
    View PDF
    Abstract

    The enshrinement of the principle of proportionality in domestic law and its practical application by the constitutional courts and courts of general jurisdiction, as a procedure for ensuring respect for human rights by the state - is typical for both of the countries of common and continental law. This principle is reflected in the domestic legislation at the level of the RA Constitution, and the specific regulations aimed at balancing public and private interests have been included in the criminal procedural regulations. The article highlights the existing theoretical approaches to the principle of proportionality, international legal requirements, in the light of which the relevant solutions of the Draft new Code of Criminal Procedure of the RA Criminal Procedure Code were analyzed.

    References
  • Articles

    Discretionary Criminal Prosecution in Juvenile Proceedings

    G. Ghazinyan, T. Sujyan
    View PDF
    Abstract

    An analysis of international juvenile justice requirements reveals the need to introduce alternative methods of solution of juvenile cases, including discretionary prosecution proceedings. The latter one will allow the juvenile to avoid undue trial as much as possible excluding also it`s possible negative impact. The article presents the domestic legislative regulations aimed at the implementation of the mentioned requirements, that is, the peculiarities of the application of coercive measures of educational nature, the existing gaps in the RA Code of Criminal Procedure and draft new Code of Criminal Procedure, and the possible ways of their improvement.

    References
  • Articles

    The Impact of Artificial Intelligence on the Legislative Policy of Copyright: Challenges and a Response

    T. Davtyan
    View PDF
    Abstract

    The article discusses 56 the main aspects of the interaction of the so-called autonomous artificial intelligence systems and the concepts of Copyright and Related Rights. It reveals leading positions in the professional literature on the following important issues: does the artificial intelligence of the current generation eliminate the monopoly of a human to creativity and it can be said that such an artificial intelligence can “create” unique “works” in the field of science, literature and art. If not, should the results obtained or received by such artificial intelligence systems that are comparable, similar, and sometimes even surpass the original human works, have legal protection in the framework of Copyright or Related Rights? If so, which framework should be available for providing such legal protection, on what grounds, who should be the original right owner of the results obtained by artificial intelligence, what rights should be granted, and what should be the term of such protection

    References
  • Articles

    Some Issues on the Adoption of in Rem Proceedings in the Republic of Armenia

    A. Hovhannisyan, M. Grigoryan
    View PDF
    Abstract

     In the framework of this scientific article, the law on illicit property confiscation, which implements the in rem proceedings in RA, has been comprehensively examined. Analyzing the regulations of the law in the context of international documents, the case-law of the ECHR and the USA, and national legislation, many issues have been raised. Only in case of solving the aforementioned issues, the institute will serve the public good without endangering the protection of fundamental human rights and the principles recognized in states governed by the rule of law.

    References
  • Articles

    The Main Issues of the Natural Law Theory of Human Rights

    A. Kochubaev
    View PDF
    Abstract

    This scientific article is devoted to the one of the most important issues of the general theory of law - the natural law thеory of human rights. The main issues and the importance of the natural law doctrine, as well as the advantages and disadvantages of the theory under discussion from the point of view of modern globalization are discussed in the article presented.

    References