Vol. 11 No. 1 (31) (2020)

DOI: https://doi.org/10.46991/BYSU:C/2020.11.1
Published: 2020-05-25

Articles

  • Articles

    Interpretation of Legal Norms. Text vs Law

    K. Zarikyan
    View PDF
    Abstract

    In the article different mechanisms of legal norms’ interpretation are being compared. As a result, many disadvantages of the textualism are being discovered and the author offers a thesis that legal norms, governing real human life, should not be interpreted mostly by using linguistic rules. Ultimately, no matter how varied the possible written and unwritten rules of interpretation, however, it is a question of law, and therefore the choice of law enforcement should be determined not by textual-linguistic, but legal representations of the latter. It is necessary to exclude the fatal mistakes that often arise due to the superiority of the scales in favor of a textual rather than legal interpretation. It is stated that it is the legal interpretation that reveals the initial will of the legislator.

    References
  • Articles

    Concerning the stages of evolution of statehood

    V. Gevorgyan
    View PDF
    Abstract

    The statehood is a complex system which comprises of not only the special institutions, rules (norms) ensuring the political life of the society, but also special phenomena of decisive nature, which have essential influence on both the social practice and the level of efficiency of the state and legal institutions. The scientific literature reflects an opinion concerning the three-stage scheme of evolution of the statehood, according to which the stages of the statehood are as follows: early statehood — the weakly centralized, politically organizing societies, the social and administrative-political structures whereof are not developed; developed statehood — the politically organizing societies of the Ancient World, the Middle Ages and the New Era, with the already centralized system, wherein the class system is already fledged; mature statehood — the politically organizing societies with the developed economic system and the advanced social structure, wherein the nations with representative democracy are fledged. 37 The stages of evolution of the statehood are first and foremost predetermined by the level of interrelation and interaction between the society and the authorities. The society belongs to where the power and the law stand. Any society is determined under the law, and lack of legal order makes it impossible. The mature state is the organic form of the political organization and of the economically, socially and culturally developed society. It is furnished with the system of bureaucratic and other special bodies, possesses a developed system of administration and the law, autonomy, developed mechanism of coercion and supervision, and ensures the progress and dynamics tendencies inside the society. The social institutions bring to formation of the social supervision over the relevant activities, as well as of certain frames limiting the activeness and initiative undesirable for the system. The social structure of the society may be deemed as a constant link between the elements comprising it. As a key element of the society, the social institution gives an individual the opportunity to hold a social position in the society — have a status and perform certain social functions, i.e. play a certain role in the society. The statehood that organizes the society and classifies it from the structural aspect, performs a vital function by creating the deontological area of the socium. The statehood, supported by its elements (the state power, the state, the state authorities, the law), moulds the models of the needed moral and legal line of conduct. The law and the politics, being organic elements of the statehood, practically cover all the areas of the society and the social existence.

    References
  • Articles

    Institute of Constitutional Responsibility in the Republic of Armenia

    R. Hakobyan
    View PDF
    Abstract

    The article is dedicated to the institute of constitutional responsibility. It is stated that in the state legal system of Armenia, constitutional responsibility should be perceived within the following perspectives: as an independent type of legal responsibility; a special constitutional legal institution; a constituent part of the constitutional legal status of public authorities; as well as a part of the Republic of Armenia`s constitutional security system.It is noted that the institute of constitutional responsibility in the Republic of Armenia should receive not only a "right to life" but also a "right to citizenship".

    References
  • Articles

    The Problem of Choice (Change)of the Form of Government in Transition Countries

    H. Kesoyan
    View PDF
    Abstract

    The article deals with the problem of the choice (change) of the form of government in transition states. The reasons of changing 61 the form of public government in other countries, as well as theirpolitical and legal backgrounds have been revealed. The study shows that the choice or change in the form of government in transition countries is largely driven by specific circumstances, the need to solve specific problems, which may be based on both objective and subjective motives.

    References
  • Articles

    Nationalization and Expropriation: States’ Right

    G. Chobanyan
    View PDF
    Abstract

    The article is devoted to the issues of state rights on expropriation and nationalization in the frameworks of international investment law. Particularly, the article addresses the concepts of nationalization and expropriation, as well as the main conditions for the right to expropriate. The article discusses the differences of lawful and unlawful expropriations. The author tried to show that there are certain criteria state should meet for lawful expropriation.

    References