Vol. 10 No. 3 (30) (2019)

DOI: https://doi.org/10.46991/BYSU:C/2019.10.3
Published: 2019-12-03

Articles

  • Articles

    Challenges to Jurisprudence Servant of the People or Politics?

    A. Vagharshyan
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    Abstract

    The article reveals the outhor’s version of the interpretation formula of the “rule of law” and substantiates the thesis that during the period of independence in the Republic of Armenia they missed the task of forming from “homo soveticus” into a “homo juridicus-armenicus” – and especially stable ethical values among lawyers, which leads to their transformation into a servant of politics, perversion of their own professionalism.

    References
  • Articles

    Reforms of the Political System and Constitutional Government Regulation: Harmonisation or Collisions?

    S. Avakian
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    Abstract

    Political practices of several post-Soviet states prompts a discussion that the constitutional state reforms may touch upon problems that can be resolved fairly peacefully, as well as problems causing vigorous participation of the people. With different levels of rapidness, all post-Soviet states allowed multiplicity of parties, covered private ownership in the basic laws, established constitutional control bodies. But when the questions of a style of ruling and a political regime emerged, it became obvious that it barely relates to a constitutional law (i.e., state) reform. And political calamity, called colour-coded revolutions, commenced. We should add one question of the mechanism for constitutional changes which is far reaching and not quite procedural. Unfortunately, many forces take as a premise that the constitutional rules imposed under their direction should be almost perpetual and 22 cannot be reformed. And then a sophisticated route towards constitutional reforms is selected. It is almost apparent that states should favour peaceful routes towards constitutional state reforms that are accessible to political forces and the people. This would bolster a precise answer to the following question: what do we achieve when making the relevant constitutional and political steps, - harmony of regulation and society or collision? Trying to sum up, a positive constitutional normative regulation should be enriched with such social and public features as rigidity of state power and state discipline, transparency and responsibility of government towards the people, the service of ownership to the benefit of the person and the state, state’s care over the person and citizen’s responsibility to assist the state in its public affairs, democratisation of civic life, timely reinforcement of rights and freedoms in response to society’s needs and scientific and technological progress, self-responsibility of the individual, respect towards everyone’s dignity.

    References
  • Articles

    Ten Years on from the Global Financial Crisis – a Reflection on the Treatment of Insolvent Financial Institutions in the UK and EU

    P. Moffatt
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    Abstract

    My theme for today is to reflect upon the work that has been undertaken in the UK and the EU in relation to the treatment of insolvent financial institutions in the aftermath of the global financial crisis that was still at its height a decade ago, in 2009. Since this is a vast topic and, I appreciate, a highly specialist one in the context of this conference, this paper can only provide a brief introduction. I hope, however, that it will provide a starting point for any student interested in furthering their understanding of this fascinating area of law. As a framework for this reflection, I will begin with a consideration of the financial sector safety net as it was in the UK in the period before the financial crisis and, using the failure of Northern Rock bank as an example, demonstrate how it has changed, both through UK “home grown” legislation as well as through EU legislation.1 I will then reflect upon whether it is likely that, as Mark Carney, Governor of the Bank of England and then Chair of the Financial Stability Board stated in November 2014: “Globally systemic banks that fail will in future be resolved without recourse to the taxpayer and without jeopardising financial stability”.

    References
  • Articles

    Challenges of Jurisprudence in the Context of the Constitutional Law, as a Complete Base of legal regulation of the World Process

    V. Ayvazyan
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    Abstract

    The main purpose of this article is to present the methodological tools based on the phenomenological synthesis of legal conflict resolution, on the basis of which the identification of the legal nature of the objects of legal regulation in the light of the consideration of law as a system of conflict prevention and resolution. The central unit is the system conflict, as a tool for finding a violation of the right to integrity of the system and determine the degree of solvency of the system of legal regulation in general and constitutional legal regulation in particular. One of the key weaknesses and causes generating Violations of system of law is the lack of consistent description of Genesis of Law at a fundamental level, allowing to bring the universalism of law, which allows, in turn, determine the system of law formation for objective quality criteria, and organizational forms of cross-relations within the society, the State, relations the outside world, in the metric of legal consolidation.

    References
  • Articles

    The Second Wave of Post-Soviet Criminal Procedural Codifications: First Results

    L. Golovko
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    Abstract

    The author analyzes the phenomenon of the second wave of post-Soviet criminal procedural codifications, its specific features which are not always within the logic of the classic doctrine of codification, as well as the first practical results of these codifications, that are not satisfactory. The author tries to comprehend the reasons of this phenomenon.

    References
  • Articles

    Actual Issues of the Development of Private law in the Republic of Armenia

    V. Avetisyan
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    Abstract

    The report substantiates the opinion that the development of private law in the legal system of the Republic of Armenia was carried out spontaneously, by situational decisions, without a developed concept, without taking into account scientific justifications and objective problems that arise in practice.Particular attention is paid to the rethinking of private law relations in the field of public relations and the clarification of balanced relations with public law regulation. It is noted that in the future, in order to most effectively solve these problems in the Republic of Armenia, the development of private law should be based on a conceptual and knowledge-based legal policy, as a result, public and private interests will be effectively balanced, thereby contributing to the development of the private sector, the creation of social market economy based on the right of ownership, freedom of economic activity and economic competition.

     
    References
  • Articles

    Issues on Development of Civil-procedural Mechanisms for the Protection of Individual Rights and Legal Interests in the Republic of Armenia

    V. Hovhannisyan
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    Abstract

    The primary role of justice is the protection of human rights and free- 72 doms as key social values that may not be achieved due to formal implementation of law. As a priority, civil procedural tools shall fully ensure the protection of human rights and freedoms as key social values strictly in line with conventional and constitutional requirements, qualities and perceptions. Effective legal protection tools and legality of procedural regulations can be ensured only through procedures compliant with general and special conventional and constitutional requirements and qualities. It should be noted that civil procedural tools of protection of rights shall be assessed by presumption of legality. Legal regulation or the fact of legally established type of proceedings are considered legal as long as the Constitutional Court of RA has not declared the civil procedural proceeding non-constitutional fully or partly, or European Court has not established the fact of violence of conventional provisions and requirements. The author takes the view that civil procedural proceedings of protection of rights are in dynamism, and the quality changes in different types of civil procedures are linked to development of law. And this necessity derives from the obligation of the state to ensure the realization of conventional and constitutional provisions. By the way, the dynamics of quality changes, according to the author, has exhausted the actuality of modern classification of the types of civil procedures. The author has come to the conclusion that realization of the conventional principle “living tool” not only conditions continuous elaboration and amendment of procedural proceedings and tools of protection of subjective interests in national legal system, but also predicts the main peculiarities of development of the civil procedure types and implication of differentiated forms according to the new legal perceptions.

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