Vol. 10 No. 2 (29) (2019)

DOI: https://doi.org/10.46991/BYSU:C/2019.10.2
Published: 2019-07-26

Articles

  • Articles

    The Possible Encroachments on the People`s Power and the Fundamental Problems of their Regulation in the Law System of the Republic of Armeni

    A. Vagharshyan
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    Abstract

    In the article the author offers a unique legal comment of the conctitutional resolution of “the appropriation of power” on the basis of the theoreticaldogmatic and comparative constitutional legal analysis and offers legal ways of improvement of RA criminal legislation in force.

    References
  • Articles

    Administrative Proceeding: From Institute to Branch of Law

    A. Kochubaev
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    Abstract

    The article attempts to justify the autonomy of administrative proceedings in the context of branches of law, as well as the need to separate administrative proceedings from administrative law. The article consistently substantiates the thesis that, in the context of the subject and method of regulation, administrative law and legal proceedings are at opposite poles and should be separated from this point of view․

    References
  • Articles

    Regulation of the Rights of the Child in the Constitution of the Republic of Armenia in the Version of 2015

    O. LUCHTERHANDT, N. Sargsyan
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    Abstract

    As a result of amendments of 2015, the Constitution of the Republic of Armenia for the first time provides for the basic rights of the child in a separate article. Paragraph 1 of article 37 of the Constitution is based on the legal concept of promoting the child's autonomy with his/her age and enshrines the right to express an opinion on matters concerning to him/her. Article 37 § 2 of the Constitution provides for the principle of 'the best interests of the child' established in the article 3 of the Convention on the Rights of the Child. This principle is also reflected in article 37 § 3 as a criterion to assess the legitimacy of limiting the child's right to maintain regular personal relationships and to maintain direct contacts with parents. The article analyzes and interprets the provisions of article 37 of the Constitution in the context of constitutional developments, international experience and the legislation of the Republic of Armenia.

    References
  • Articles

    Some Considerations on the Improvement of the Institution of Constitutional Responsibility

    H. Kesoyan
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    Abstract

    The article focuses on the main features inherent in the "constitutional" and "political" responsibilities. At the same time, the mechanisms of "constitutional" and "political" responsibilities were observed within the 43 context of the RA Constitution with amendments of 2015. As a result of the analysis, it is noted that in many cases, the Constitution of the Republic of Armenia of 2015 amendments do not provide constitutional responsibility mechanisms or the constitutional responsibility measures for violation of constitution, while possibility of applying political responsibility measures exists.

    References
  • Articles

    The Age as a Precondition of Criminal Responsibility

    A. Margaryan
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    Abstract

    The person can be held responsible for an offence committed if he/she has reached the minimum age of criminal liability. The age of criminal responsibility varies through 53 states having 6 as a minimum and going up to 18. RA legislation sets 16 as a general and 14 as an exceptional minimum age of criminal responsibility. However such a dualistic approach creates problems when trying to justify for which crimes the age of criminal responsibility should be set to 16 and for which – to 14. The author tries to respond to this and other issues concerning the age of criminal responsibility. As a conclusion, the author suggests to set a unified age of criminal responsibility for the committal of all types of crime.

    References
  • Articles

    Reconciliation with the Victim as a Means of Solving Criminal-law Disputes

    N. Ashrafyan
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    Abstract

    The article discusses the reconciliation of the accused with the victim, which is crucial for determining criminal policy. Reconciliation is a special position of the person who committed the crime, which is aimed at smoothing out his own guilt, which can manifest itself in a system of various actions, the purpose of which is to restore the rights (at least partial) violated by the crime and satisfaction of the victim.

    References
  • Articles

    Economic Sovereignty of States

    G. Chobanyan
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    Abstract

    The article is devoted to the issues of economic sovereignty in the frameworks of public international law. Particularly, the article addresses the historical evolution of the concept of economic sovereignty, then it represents the main elements of the contemporary economic sovereignty. The article discusses the internal and external aspects of economic sovereignty. Particularly, the author tried to address the issues on permanent sovereignty of a state over its natural resouses and economic activity. The author tried to show that the regulations of states in the field of foreign investments is one of the important issues in the realm of economic sovereignty of states. The author also underlines that all the states have equal economic sovereignty regardless of their economic strength.

    References