Vol. 9 No. 1(25) (2018)

DOI: https://doi.org/10.46991/BYSU:C/2018.9.1
Published: 2018-03-20

Articles

  • Articles

    The Issue of Economic and Entrepreneurial Activity Correlation in the Light of Constitutional Changes

    D. Serobyan
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    Abstract

    The modern legal regulation of economic relations in the Republic of Armenia has undergone significant changes in comparison with the legal regulation of the same economic relations prior to Armenia's independence. These changes are fundamental and primarily pursue the goal of developing the very economic relations and in particular business relations, protection and promotion of free economic competition for the development of entrepreneurship and consumer protection. In this article, based on the analysis of theoretical provisions, current legislation and judicial practice, an attempt is made to identify the correlation of economic and business activities, comparison of signs of economic and entrepreneurial activity. In the light of the constitutional and legal reforms recently carried out in the Republic of Armenia, the author concludes that doctrinal and legislative establishment of entrepreneurial activity as a type of economic activity is reasonable.

    References
  • Articles

    Social-psychological and Motivating Features of Juvenile’s Criminal or Deviant Behavior

    A. Margaryan
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    Abstract

    The analysis of socio-demographic, role and socio-psychological characteristics of the offender's, including the minor`s personality, is a must for the identification of his/her criminological characteristics. The revealing of socio-psychological features of the person can be realized based on the analysis of the value system, the motivational characteristics, as well as the level of self-control, hedonistic inclinations of the personality. Based on the researches conducted by the author in the Republic of Armenia within the framework of the international scientific project ISRD-3, correlations between deviant behavior and the level of self-control, as well as the hedonistic inclinations of a minor, were revealed. The author reveals the main psychological factors underlying the deviant or criminal behavior of children in the RA.

    References
  • Articles

    Constitutionality of Constitutional Developments as an Important Prerequisite for Stable Democracy

    A. Manasyan
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    Abstract

    The issues regarding the idea of “constitutionality of constitutional developments” are discussed in the article. The Author substantiates that notwithstanding the first paradoxical impression of the discussed notion, the latter is one of the most important elements for guaranteeing constitutionalism, has concrete content and important role in ensuring stable democracy.

    References
  • Articles

    Legal Problems of Limitation and Regulation of International Cyber-attack

    G. Shinkaretkaia
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    Abstract

    Quite recently a new problem – cyber-security issue emerged in international law. The problem refers to finding methods to resist hostile cyber-attacks and to remove their negative impact over critical cyber-infrastructures. The article demonstrates some peculiarities of the use and restraint of cyberattacks which prevent applicability of rules of general international law as well as international humanitarian law and international human rights law. The author concludes that a new special international treaty of a complex character is needed.

    References
  • Articles

    Issues of Legal Regulation and Administration of the National Security Concept of the Armenian Republic Between 1990-1995

    A. Vagharshyan
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    Abstract

    Strategic planning of national security, its legal entrenchment and administration is one of the most important tasks of the state. Within the system of state functions the provision of national security is not a separate function; rather it is an inter-functional issue, an important one of pivotal importance, which relates to all the objectives of state functions and has inner and outer components. The analysis of legal policy confirms that after the independence of the Republic of Armenia, between 1991-1995 there was no security-based normative regulation of the state and legal system; neither on legislative nor on by-laws levels. The presidential governance form secured the relatively quick and operative solution for daily administrative problems, but it didn’t transform to a strategic planning and administration system based on a security concept.

    References
  • Articles

    The General Rule for Distributing the Burden of Proof in the New Civil Procedure Code of the RA

    S. Meghryan
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    Abstract

    The correct distribution of the burden of proof among the parties involved in litigation is one of the most important challenges for the court while preparing the civil case for a lawsuit. The challenge on how to distribute the burden of proof in regard to civil cases is one of the issues being widely discussed in Civil Procedure law. The rules regarding the burden of proof laid down in the newly adopted Civil Procedure Code of the Republic of Armenia currently require scientific re-evaluations and justification. This article is set to analyze the procedural meaning and aim, as well as the content of the general rule for distribution of burden of proof in civil procedure and it goes on to elaborate some theoretical-practical recommendations towards proper implementation of the rules in question envisaged in the new Civil Procedure Code. According to the Author, the way how the general rule for distribution of the burden of proof is formulated in the new Civil Procedure Code is entirely logical and natural, as it is based on the necessity to provide ‘fair balance’ between the parties involved in litigation.

    References
  • Articles

    Issues of Admissibility of Secret Photos, Audio Recordings and Video Recordings as Evidences in Civil Procedure

    V. Grigoryan
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    Abstract

    Issues of the admissibility of some of the most problematic types of evidence – secret photos, audio and video recordings are discussed in the article presented. Currently, in practice there are numerous disputes whether photos, audio recordings or video recordings can be considered as admissible evidence if the photo, 44 audio recording or video recording was made secretly (without knowledge and consent of the individual who was photographed/recorded). To find the answer to these issues, the following questions are discussed in the article: 1) Which data is considered to be personal? 2) Can photos, audio recordings and video recordings be considered as personal data? 3) Can submission of secret photos, audio recordings and video recordings to the court as an evidence in civil cases be considered to be a violation of the right to personal data protection?

    References