Vol. 10 No. 1 (28) (2019)

DOI: https://doi.org/10.46991/BYSU:C/2019.10.1
Published: 2019-04-22

Articles

  • Articles

    Some Issues of the Development of Constitutional Court Legal Positions in the Context of Guaranteeing Constitutional Stability

    A. Manasyan
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    Abstract

    The issues of the development of Constitutional Court legal positions in the context of guaranteeing constitutional stability are discussed in the article presented. The author concludes that the approach regarding the mechanical invalidation of the Constitutional Court previous legal positions after constitutional amendments isn’t logical, doesn’t equivalently express the constitutional essence of the mentioned positions and distorts the ideas of constitutional stability, constitutional developments, predictability of the activities of the Constitutional Court and continuity of its practice. Constitutional Court legal positions can be developed, as the formation of the constitutional doctrine isn’t a one-step, but a continuous process. It presupposes the existence of two possible situations: 1. when there is a necessity to fundamentally change the concrete previous legal position of the Constitutional Court, 2. when there is a necessity to broaden the scope of the previous concrete legal position of the Constitutional Court without changing its previous content. In both cases, the main key for the effective solution of the discussed issue is finding a balance between continuity and predictability of the Constitutional Court practice and values, underlying the development of the constitutional doctrine, in each concrete situation.

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  • Articles

    Personal Data Protection in the Blockchain Technologies

    N. Sharafyan
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    Abstract

    In the frames of this paper, the author discusses the need for data protection in the new and innovative Blockchain technologies in the context of European and international new regulatory tendencies. The author tries to examine the possible discrepancies of existing legislation and technologies, as well as the legal issues on decentralized ledgers which are not yet covered. In addition, this article explains the concepts of “data controller” and “data processor” in Blockchain technologies, by identifying their roles and the boundaries of their responsibility. Finally, the author tries to discuss the applicability of the right to be forgotten in Blockchain technologies.

    References
  • Articles

    Recognition and Application of the Law and Official Documents of Unrecognized States (International Private-Law Problems)

    A. Haykyants
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    Abstract

    The number of unrecognized states is growing: currently, their number is close to two hundred. Only in the post-Soviet space, six unrecognized states were formed. Unrecognized states are actively involved in integration processes. Moreover, economic, humanitarian, and cultural ties are developing with them, but there are still some problems along the way, including those of legal nature. The main legal problem refers to the international legal personality of unrecognized states. The constitutive, declarative and compromise theories are analyzed in detail in the paper presented with a special emphasis on the declarative theory.

    References
  • Articles

    Civil Liability of Legal Entities of Public Law

    S. Amirkhanyan
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    Abstract

    Legislation of RA de facto establishes the structure of legal entities of public law, indicating that communities and inter-communal unions are legal entities of public law. However, the author finds that the types of legal entities of public law are not limited to this and include municipal institutions, the Central Bank of Armenia, public institutions and non-profit organizations. The article is devoted to the study of civil liability of legal entities of public law on the basis of Armenian, foreign law, as well as case law of the ECHR.

    References
  • Articles

    Peculiarities of Evidentiary Value of Expert’s Conclusion in Criminal Procedure

    V. Yengibaryan
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    Abstract

    The criminal procedural and scientific bases of assessment and use of expert's conclusion in the criminal procedure are discussed in the paper presented. The author presents legal regulations of RACode of Criminal Procedure concerning proofs evaluation and, based on that, underlines peculiarities of these norms in regard to the expert's conclusion. Various approaches of scientists and RA law-enforcement practice have been analyzed from this point of view. The author represents legal approaches of the RA Court of Cassation, as well as examples from other judicial acts related to the topic covered, and shows the trend of RA Court of Cassation case-law development. As a conclusion, the author states that, unlike other types of proofs, a proper and comprehensive assessment of an expert's opinion implies its study and analysis from the point of view of the integrity and credibility of the foundations, in other words – the process of an expert opinion assessment should be carried out paying attention to the totality and integrity of the legal (decision on expertise commission, protocol on obtaining samples) and actual (authenticity, compliance of samples and objects) bases.

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  • Articles

    The Arrest of the Wanted Defendant as an Alternative to Detention (in the Absence of the Defendant) in the Criminal Proceedings

    S. Marabyan
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    Abstract

    Within the scope of this article, the author has raised the issues of imposing detention as a preventive measure without the involvement of the defendant in the proceedings and concluded that without the defendant's participation, the hearings on the detention may be considered legitimate only when the international reconnaissance has been declared. In this respect, the author agrees with the legal positions of the Court of Cassation, but he believes that its scope should be limited, as it often causes abuses and arbitrariness. The author thinks that, in the case of domestic reconnaissance, arrest but not detention may be imposed on a person. This will not only exclude the practice of arbitrary and artificial declaration of reconnaissance, but also the doubling of the courts' workload.

    References
  • Articles

    Procedural and Tactical Problems of Examination as Investigative Actions in RA Criminal Procedure

    A. Chakhoyan, A. Martirosyan
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    Abstract

    Procedural and tactical problems of examination, one of the investigative actions provided by RA code of criminal procedure, are discussed in the paper presented. Almost all the problematic issues concerning the aims of the examination and the procedural order of its execution are raised in the frames of the presented paper. The specialty of this paper is that the authors studied not only the relevant articles of RA Code of Criminal Procedure, which provide legal grounds for the discussed investigative action but also covered a number of practical problems arising due to the lack of legal regulation. The authors have gone beyond the identification of the shortcomings of the code of criminal procedure and suggested possible solutions for overcoming the highlighted problems and increasing the effectiveness of the investigation.

    References