Vol. 7 No. 1(19) (2016)

Published: 2016-04-30

Articles

  • Articles

    Legal Systems and Sources of Law of Armenia and Armenian Kingdom of Cilicia

    A. Vagharshyan
    View PDF
    Abstract

    The developing legal system of Armenia underwent significant changes in X-XIV centuries. While being medieval, feudal and customary legal system, it transferred from unwritten to written customary law, without changing religiuos character. However, since the XIII century the political environement of Armenian legal system became negative. In addition, the changes in demographics divided the legal system in Armenia on the basis of ethno-religious feautures – Armenian and Muslim. Compared to Armenia, both the regulatory basics and the organizational and ideological elements of the legal system of the Armenian Kingdom of Cilicia were developed enough. The political factor, along with the economic and social ones stimulated the development of the legal system. This proves the rule that the Armenian law manifested progressive, humanitarian trends of development, new codifications during the periods of political independence, peace and socio-economic stability of the society.

    References
  • Articles

    Genesis and Significance of the Systemic Approach: Philosophical and Legal Bases

    A. Haykyants, Y. Gyanjumyan
    View PDF
    Abstract

    Systemic approach as one of the main methods of scientific research becomes more actual in conditions of the current complications and differentiation of the legal regulation levels of social relations. This article explores the prerequisites of the origin and philosophical and legal bases of the systemic approach, as well as new horizons for the application of this method in the legal phenomena studies.

    References
  • Articles

    Legal Education and Tuition in the Civil Society as the Most Important Condition of Harmonization of International Relations

    G. Ghazinyan
    View PDF
    Abstract

    Law is an integrating factor of the civil society, and its members should be first of all legal personalities. Other characteristics of the members of the civil society (profession, nationality, etc.) are not inherent. The main problem of the modern Armenian and other post soviet societies is the crisis of legality and legal order. Deep roots of this crisis are in the low level of legal awareness and legal culture peculiar to the population. One of the main methods to overcome the legal nihilism is the introduction of the system of civil and state legal education and tuition. These axiomatic provisions must be used both in the legal regulation of establishment and activity of educational institutions, and in their local normative regulation. As a result - the main goal of these educational institutions should be formation of a person with legal culture, and the way to reach this goal is general legal tuition and education as an essential element of general and professional education.

    References
  • Articles

    Psychological Features of Young Crime Perpetrators

    T. Simonyan
    View PDF
    Abstract

    Psychological features of young crime perpetrators are the key to reveal and comprehend the negative factors which instigate a young person to commit a crime. One may admit that these features are the main factors that determine the trends of youth criminality. The following psychological features of young crime perpetrators are analyzed in the article: estrangement, aggressiveness, cruelty, anxiety, etc. Comparative analysis of the psychological features of law-abiding young people and young crime perpetrators shows a significant difference between these two groups.

    References
  • Articles

    Peculiarities of Juvenile Punishment in RA

    A. Margaryan
    View PDF
    Abstract

    One of the high priority tasks of any State is the prevention of juveniles՝ criminal behavior. In scope of this, the issue of criminal responsibility and punishment of crime perpetrators under the age of eighteen becomes of particular importance. The analysis of RA Criminal Code in force reveals the failure of the current system of punishments foreseen for the juveniles to ensure the adequate reaction to their criminal behavior and guarantee effective prevention. Unfortunately, due to the absence of effective measures alternative to imprisonment the latter yet remains the main punishment which is applied to the juveniles. The author suggests foreseeing of new types of punishment (deprivation of the right to engage in certain activities, restriction of freedom) and measures of educational character (ban on visiting certain places, placement in special educational institutions, participation in cultural, sport, educational and other restorative programs) in the criminal code of RA, which can be applied to the juveniles and will guarantee the adequate and proportionate state reaction to the criminal behaviour of juveniles.

    References
  • Articles

    Criminal-Legal Qualification of the Plunder of Property Obtained in an Obviously Criminal Way

    M. Markosyan
    View PDF
    Abstract

    The clarification of the bounds of criminal-legal protection of property from the aspect of criminal law`s maintaining function is an important prerequisite for correct qualification of plunders. The possibility of qualification of the plunder of property obtained in an obviously criminal way as a crime against property is discussed by the author in the article presented. On the basis of criminal and civil legislation provisions` analysis and study of different scientific approaches stated by legists in criminal law, author concludes that plunder of property obtained in an obviously criminal way can`t be qualified as a crime against property. In the final part of the article the author makes a legislative proposal - to criminalize the possession of property obtained in an obviously criminal way as a crime against economic activity.

    References
  • Articles

    Implementation of the Constitutional-Legal Task to Ensure Uniform Application of Legal Norms by the Court of Cassation in the Civil Procedure

    V. Hovhannisyan
    Abstract

    The peculiarities of the constitutional-legal task to ensure uniform application of legal norms by the court of Cassation in the civil procedure have been thoroughly analyzed in the article presented. As a result of comprehensive research of constitutional-legal status of the court of Cassation the author has hereby found that conditions and reasonable limitations of access to the court of Cassationt are primarily conditioned by the necessity of realization of constitutional tasks of the latter and directly reflect their individual practices. It has been underlined that the function of the court of Cassation on promotion of the law development has a formal nature, as this court instance does not establish new rules of conduct and there are no clear legal mechanisms provided in RA legislation for making interpretations of legal norms by competent law-making bodies binding. The author has concluded that it would be better to refer primarily to the fulfilment of constitutional task regarding insuring by the court of Cassation of the uniform application of law, as trade usages also establish rules of conduct. Facilitation of development of law in civil procedure shall be examined beyond the scope of constitutional-legal objective of the court of Cassation, as in this case uniform application of law is of paramount importance. Precise legal guarantees shall be established by RA legislation and the court of Cassation shall be granted with sufficient legal tools for full-fledged implementation of its tasks and main functions.

    References