Vol. 8 No. 2 (23) (2017)

DOI: https://doi.org/10.46991/BYSU:C/2017.8.2
Published: 2017-09-03

Articles

  • Articles

    Issues on the Concept of Application of Law

    A. Vagharshyan
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    Abstract

    Given article analyzes the features of the application of law on the methodological basis of the principles of the rule of law and legal legitimacy, as well as establishes the following new definition for the application of law as a special form of the exercise of law: the application of law is the domineering activity of public bodies (officials) carried out in strict procedural order established by law and aimed at making an individual decision in respect of specific cases and certain persons on the basis of legal facts and rules of law, which may lead to supplementing or improving the regulatory framework.

    References
  • Articles

    Legal Culture for Exercising Constitutional Rights

    G. Danielyan
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    Abstract

    Components of legal culture for exercising and defending rights, problems existing in this field and possible ways for their solution are discussed in the article presented. The following position is endorsed by the author: in the process of exercising rights it is necessary to reduce significantly burdening of physical person or legal entity with various liabilities. In some cases it is also necessary to eliminate their liability to act as an initiator for exercising their rights, for example when dealing with the their liability to submit application. At the same time, those criteria that may predict the distinct scope of cases when the persons should act on their own initiative for exercising rights are systematically presented in the article. According to the approaches reflected in the article in case of absence of relevant mechanisms and procedures for exercising rights not only exercise and protection of rights but also efficiency of administration become vulnerable as far as it results in great inappropriate financial expenses and bureaucratic foot-dragging.

    References
  • Articles

    Unfair Terms in Insurance Contracts

    A. Haykyants, M. Khachatryan
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    Abstract

    The main features of adhesion contracts are discussed in the article presented. Referring to insurance contracts formulated in standard terms, it is substantiated that such contracts are also adhesion contracts. It was also proposed to apply the regulation intended for adhesion contracts to insurance contracts formulated in standard terms. The authors characterize the criteria that the conditions must meet to be considered unfair. A new regulation is also proposed, which allows the insured (beneficiary) to demand the unfair term not to be applied to him/her.

    References
  • Articles

    On the Issue of Abuse of Labour Rights (Scientificpractical interpretations of Labour Code of RA)

    G. Petrosyan
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    Abstract

    Domestic jurisprudence doesn’t provide theoretical conclusions and interpretations on one of the important principles of Labour Code of RA-the principle of prohibition of labour rights` abuse, which is causing considerable risk to proper application of that clause of law. In fact, there is a situation, when the law prohibits the abuse of right without interpreting it. This leads to entailing the clause of law into individual solutions by law implementing and law enforcement entities. The aim of this article is to clarify the essence of phrase of ‘‘abuse of employment rights’’, the attributes of abuse of right, as well as to emphasize the peculiarities, that allow to differentiate abuse of employment rights from exercising rights in good faith and from ordinary labour offences. In order to solve these problems the sources of contemporary Russian labour law literature have been scrutinized, comparative analysis has been carried out on general and special norms of Labour Code of RA and it has been attempted to emphasize the borders of exercising and abusing of employment rights using particular examples.

    References
  • Articles

    Subjects of Cassation Appeal

    S. Dilbandyan , T. Sujyan
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    Abstract

    Subjects of Cassation Appeal.–General and special preconditions to exercise the right to appeal are analyzed in the article presented. The article definishiates the models of performance of the right to cassation appeal. In the light of the legal positions of the Constitutional Court and the European Court the article reveals the legitimacy of the requirement to file a complaint through a lawyer and the conclusion is made that such a regulation is necessary for the effective implementation of the right to a cassation appeal in case of clarification of legal assistance procedures at this stage. The author also analyzes the legitimacy of the requirement to file a cassation appeal only by the Prosecutor General or his deputy.

    References
  • Articles

    Juvenile Criminality in the Republic of Armenia (1993-2016

    A. Margaryan
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    Abstract

    Fight against crime is one of the most important, but at the same time the most challenging tasks of any state. According to RA official crime statistics, over the period of 1993-2016 the crime has increased for more than 1.4 time. However, the same trend can not be constated when looking over the development of juvenile crime, as the latter one has declined. The author has analysed the possible factors which braught to such a situation and came to the conclusion, that the decline of youth crime in the official statistics is a result of increased latency of the crimes committed by juveniles in parallel with the decrease of juveniles` proportion in the total population.

    References