Vol. 11 No. 3 (33) (2020)

DOI: https://doi.org/10.46991/BYSU:C/2020.11.3
Published: 2020-12-21

Articles

  • Articles

    Environment in Penitentiary Institutions and External Social Relations of Former Officers of Law Enforcement Bodies Sentenced to Imprisonment.

    H. Khachikyan, D. Zilfimyan
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    Abstract

    The sphere of internal communication of former officers of law enforcement bodies sentenced to imprisonment are discussed in the article presented. In the theory of penitentiary law the latter one is known as the social environment of the convicts in the places of detention. The issues of their social relations in a penitentiary institution, i.e., in immediate environment, ane their social relations out of a penitentiary institution, i.e., external relations are examined as well. On the basis of the crimino-sociological survey carried out by the authors some specific features of the social environment in penitentiary institutions of RA are also discussed emphasizing intra-group and inter-group relations.

    References
  • Articles

    Some Issues of Prevention of Youth Crime in the Republic of Armenia

    T. Simonyan
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    Abstract

    It is known that crime prevention is a system of state and public measures aimed at neutralization or reducing the impact of factors, which are the causes and conditions of crime. It is impossible to totally prevent crimes, as it is impossible to completely neutralize all its causes and conditions. The maximum that is possible to do, is to conduct an economic, institutional, ideological, cultural, psychological measures aimed at overcoming the negative effects in these areas. This will limit the growth of crime or, at best, reduce its level1 . V.V. Luneev rightly notes that only strengthening legal and criminological control over criminal behavior can reduce the level of crime in particular society, and here priority should be given to criminological control, since it is the most effective and radical2 . Strong impact on the causes and conditions of crime, both by its results and by its volume, is the main direction in the prevention of crime3 . The socialization of a young person is largely influenced by the varieties of factors which are concerned to economic situation, peculiarities of the family of the young person, the education, working environment, relations with peers, etc. In fact, it can be stated that a person does not exist outside of society and social relations, and his activities, the choice of one or another mode of behavior (including criminal) in different life situations is ultimately associated with these relationships. Moral norms and rules are not genetically inherited by man, they are not the fruits of evolution. These norms are passed on as social experience from generation to generation through education4 . The formation of a personality at the initial stages is closely related to imitation of behavior, when a person adopts the forms of behavior adopted in his immediate environment. These forms of behavior can determine both the further normal development of the personality and its degradation and socially dangerous activity. Socialization in the family can play a decisive role in shaping the identity of the offender, and the negative impact of the family can become an 1 Vetrov, N.I .. Prevention of Offences among the Youth. Moscow, 1980, p. 69. 2 Luneev, V.V. Crime of the XX Century. Moscow, 1997, p. 475. 3 Alekseev, A.I. , Gerasimov S.I. , Sukharev A.Y. ... Criminological Prevention: Theory, Experience, Problems. M., 2001, p. 4. 4 Dubinin. Social and Biological in the Contemporary Problem of Man. Problems of Philosophy, 1972, no. 10, p. 51. 17 insurmountable obstacle to the normal development of the personality. This is the reason that in the prevention of youth crime, first of all, it is necessary to pay attention to the neutralization of criminogenic factors in the family of a young person.

    References
  • Articles

    The Possibility of Legal Protection of Results Obtained by Artificial Intelligence Within the Framework of Related Rights .-

    T. Davtyan
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    Abstract

    The article analyzes the feasibility and permissibility of providing legal protection for the results obtained by the so-called autonomous Artificial Intelligence in the framework of Intellectual Property Law. Those are results that are similar, comparable, and in some cases even superior to the works created by humans in the field of literature, art or science. It questions whether there is a substantiated need to provide legal protection for the results obtained by autonomous Artificial Intelligence systems at this stage of technological development, and if so, is it possible to provide such protection within the framework of the Concept of Related Rights. The basic provisions and suggestions in the professional literature on this issue are analyzed.

    References
  • Articles

    The Conundrum of the Article 1087.1 of the Civil Code

    A. Chiflikyan
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    Abstract

    This study aims to identify the sources and the meaning of certain provisions of article 1087.1. Basically, it is about the 5th section of this article with its three points. The 4th and the 6th sections of this article were also discussed. As a result of the study, it was emphasized that especially the 2nd paragraph of the 5 th section of the article under discussion look borrowed from common law. In particular, the author pointed out that sections 4 and 5 of article 1087.1 are aimed at protecting the interests of the slanderer, thereby guaranteeing the possibility of wider exercise of the right to freedom of speech. Paragraph 2 of section 5 was analyzed in detail, and it was concluded that it refers to the cases of publication of derogatory data that was not made intentionally, but at the same time was intended to serve the Supreme public interest. It was emphasized that reasonable publication allows a person not to bear the negative consequences associated with defamation. In addition, the author's interpretation of the phrase «conscientiously and carefully present the facts» is given. The author also analyzed the particulars of the presentation of information, which does not constitute libel, about the circumstances of the case by the participant during pre-trial and trial proceedings. Attention was paid to the provision on the burden of proof transfer provided for in section 4 of article 1087.1, showing the subtleties of its application in defamation cases in English law, when the purpose of such transfer is punishing the offender, and in American law, when the victim must be a public person. In addition, the issues of interrelation of sections 5 and 6 of article 1087.1 are analyzed, and parallels are drawn between similar categories provided for in paragraph 3 of section 5 and 6th section.

    References
  • Articles

    General Legal Description and Calculation of Procedural Time Limits in Civil Proceedings

    V. Yesayan
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    Abstract

    General description, concept, types and calculation of procedural time limits are discussed within the framework of the presented article. The time limits for the execution of specific legal actions, during which a judicial action can be performed, are indicated. Both the national legislative norms and a number of precedential decisions on the topic of interest have been analyzed and presented in the article.

    References
  • Articles

    Some Issues of Legislation of the Republic of Armenia in the Field of Water Resource Vulnerability and Adaptation in the Context of Climate Change

    O. Geghamyan
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    Abstract

    Legal norms related to water resource adaptation in the context of climate change were assessed and analyzed within the framework of this article, paying an emphasis on some gaps and shortcomings of the water legislation of the RA. The international legislation and obligations of the Republic of Armenia, existing legislative obstacles in this area are presented in detail, as well as proposals for resolving these issues.

    References