Banber Erevani hamalsarani. Iravagitut'yun.
| E - ISSN | : | 2738-2605 |
| P - ISSN | : | 1829-4561 |
Vol. 8 No. 1 (22) (2017)
Published:
2017-03-25
Articles
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Articles
The Issue of Securing the Stability of the Parliament in the System of Parliamentary Governance of the RA
AbstractThe shift from the quasi-presidential government to a parliamentary one through the 2015 amendments to the Constitution raised the issue of securing the parliamentary majority, and thus, the issue of securing the stability of the parliamentary government. The text of the amended Constitution, however, lacks any provisions that would act to provide such stability. As such, the Constitution only provides for a blanket provision (article 89, section 3) which states: “the Electoral Code guarantees formation of stable parliamentary majority.” However, the Electoral Code can only guarantee the formation of the parliamentary majority, but not the stability of the latter one. The issue 10 of stability arises throughout the course of operation of the parliament, and thus, is outside the scope of the regulation of the Electoral Code. Further, one must also take into the account that the possibility of any statutory regulation of public intercourse in this field is severely limited. The level of the parliamentary stability is conditioned primarily by objective factors, the existence of which is highly questionable in the Republic of Armenia.
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Articles
Default Judgment in the Draft Civil Procedural Code of the RA
AbstractThe institution of default judgment (proceedings in absentia) envisaged in the draft Civil Procedural Code of the Republic of Armenia is discussed in the article presented. The essence and key features of the judgment mentioned, its main advantages and the role in terms of reducing court load, optimization of hearings, settlement of civil cases and enhancing the efficiency of justice are analyzed. Based on doctrinal approaches on the peculiarities of considering cases in default judgment as well as analysis of transnational standards of civil procedure and foreign practice the author has conducted detailed study on the grounds of applying default judgment, the circumstances excluding consideration of cases in default judgment and the peculiarities of the procedural order of consideration and settlement of civil cases. Along with this, the article scrutinizes the procedural order of challenging the default judgment. Within the article the author has formulated and substantiated a range of suggestions and remarks aimed at amending default judgment. The conclusion is drawn up that the default judgment envisaged in the draft Civil Procedural Code of RA should be considered as successful and in line with transnational standards of settlement of cases through the mentioned institution. In the author’s opinion, it may facilitate the considerably reduction of the court load, elimination of time and financial expenses of persons involved in the case, expedient granting of judicial protection and realization of the most important tasks of litigation in general – procedural economy and optimization of consideration and settlement of civil cases.
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Articles
The Decision to Bring a Judge to Disciplinary Responsibility as a Civil-Procedural Ground for the Review of Judicial Act due to New Circumstance
AbstractComplete and effective functioning of judicial power presumes securing of such guarantees in RA legal system, that are in their maximum intended to the realization of tasks arising from constitutional – legal status of courts and judges and will ensure the main qualitative parameters of justice administration, independence of judicial system, as well as effective protection of rights and legal interests of civil process participants. The article discusses possible legal consequences arising in civil procedure as a result of a decision adopted in line with the procedure provided by Constitution in regard imposing legal sanctions towards a judge who either has committed violations during justice administration or not performed or improperly performed his/her consitutional obligations or abused them. The author concludes, that based on the need of full realization of parties’ rights to fair trial and judicial protection, the Council’s acknowledgment of the fact of clear and grave breach of material or procedural legal norm instead of an adopted decision by the Council to bring a judge to disciplinary responsibility shall serve as the basis for revision of judicial act. It is proposed to amend part 3 of the article 204.22 of the RA Code of Civil Procedure accordingly.
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Articles
Features of the Reverse Stock Split of Joint Stock Companies-Banks
AbstractThe author discussed the imperfect regulation of the institute of reverse stock split in the legislation of RA, the absence of clear differentiation line between interests of the main shareholders and the company, as well as the issues of application of foreign legislation in RA, without taking into consideration national peculiarities. The abovementioned issues compose a situation, where main shareholders of jointstock companies- banks, without any justification, at the expense of financial funds of the company and dividends of stockholders can get rid of small shareholders, take possession of their dividends and carry out the practice of centralization of the capital between several persons, without any prohibition. Any mechanism, which is directed to compose the controlling block of shares (including consolidation of safety stocks) as a rule has the aim to increase the effectiveness of management and activities of joint-stock company. However, the consolidation of safety stocks must be done in a way that can ensure not only carrying out the abovementioned goals, but also can provide protection of small shareholders' interests without any abuse of the powers given. Taking into consideration the necessity to balance the interests of joint-stock companies-banks and their stockholders, the author suggests several amendments in "Law on Joint-stock companies" and "Law on Banks and Banking", which will allow finding solution to the abovementioned issue.
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Articles
Pecularities of Juvenile Sentencing
AbstractThe most difficult and crucial decision when dealing with juvenile justice is the choice of effective measures to address criminal behaviour of the juveniles. Usually, both general and special principles of sentencing are applied when making such a choice and especially – when sentencing a juvenile to a punishment. Special principles of sentencing are provided both by national and international regulations and are conditioned by the peculatities of the children due to their age, social, psychological and social status. However, the latter ones are not always fulfilled in Armenia because of the lacks and shortcomings of criminal legislation. First of all, this is a result of facile and abstract regulation of special rules of juvenile sentencing. The author justifies the necessity of detailed regulation of those requirements, which should be secured by competent authorities in the process of juvenile sentencing.
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Articles
Legal Regulation of Certain Grounds for Restricting Access to Environmental Information in the RA
AbstractThe modern era of information technologies and access to information is increasingly characterized by unprece- 76 dented level of transparency and public awareness with respect to decision making process on environmental matters. Nevertheless, access to information still remains one of strictly regulated areas and not all the information is readily available or randomly accessible to public upon demand. Access to data remains under governmental regulation, the reason being to protect privacy and interests of others who may suffer from such data sharing. Individual states and the international community have committed to regulate polices leading to creation of regulations restricting data sharing and access to protected information. This is equally true regarding environmental data and information. The present article is devoted to analysis of legal grounds for imposing restrictions on accessing environmental information in the context of applicable international legal framework. In particular, the relevant provisions of pertaining legislative acts of Armenia are discussed along with practical ramifications of their application. Special emphasize is made on data and information that shall be published anyway and no restriction is allowed based on the content of such information and international practices.
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