Vol. 7 No. 2(20) (2016)

DOI: https://doi.org/10.46991/BYSU:C/2016.7.2
Published: 2016-09-24

Articles

  • Articles

    Contemporary Issues of Legal Certainty, Analogy of law and Legal Interpretation of Law Interrelation

    G. Danielyan
    Abstract

    The article refers to the necessity to review the classical characteristics of the constitutional principle of legal certainty. Specifically, it puts forward the viewpoint according to which the pledge for full application of the principle of legal certainty is not merely adoption of legal acts under accurate editing to the extent possible. In the event that editorial accuracy is taken as top priority, the process of making amendments and supplements to the legislation at extremely high frequency takes place, which itself requires suspension of legal norms for a long time thus resulting in disrupt of normal course of regulation of relations. In the present article the following position is substantiated: it is worth reviewing the definitions of terms «analogy» and «interpretation», reinvent their applied values and limits. Particularly, the viewpoint set forth below has been substantiated: as the basis for allowing analogy should serve not legislative branch but the circumstance of improvement or deterioration of the condition of a person in the result of application thereof. Thus, analogy is deemed applicable in those cases when it leads to the improvement of the condition of a person.

    References
  • Articles

    The Evolution of Constitutional Regulation of Education and the New Conception in Republic of Armenia

    A. Vagharshyan
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    Abstract

    The constitutional meanings of the “education”, the evolution of development of constitutional regulation of the education as a fundamental right in third republic of Armenia, the basic concepts of constitutional regulation of the right to education, and caused by these and partly existing semantic and juridical issues, the constitutional issues of the right to selfgovernment of higher educational institutions and their academic and research freedom, the encouragement of the education development as a constitutional framework and main goal of the state policy, as well as, some issues of current legislative regulations of the right to education are discussed in this article, for exposing the new conception of constitutional regulation of education’s key issues. Based on these analyses, the correction options for some constitutional tenets and concepts are proposed, as well as, the adoption of the Education Code corresponding to the new conception of constitutional regulations of the educational issues is recommended, where the public relations in the educational sector will be regulated systematically, gradually, and continuously.

    References
  • Articles

    Legal Issues of EU Accession to the European Convention on Human Rights

    A. Ghazinyan
    Abstract

    EU human rights policy has been developed by the European Court of Justice in the course of 50 years of its functioning, though initially the Treaties on EU did not contain any provision on the protection of human rights and fundamental freedoms. Following the Lisbon Treaty and adoption of EU Charter on Fundamental Rights the road to accession of EU to the European Convention on Human Rights was opened and the accession process was launched. On December 18, 2014, the ECJ adopted the opinion 2/13, regarding the compliance of Accession treaty with the Lisbon Treaty, where it indicated certain issues stating that the Accession treaty bears potential danger for the autonomy of EU laws.

    References