Vol. 8 No. 3 (24) (2017)

DOI: https://doi.org/10.46991/BYSU:C/2017.8.3
Published: 2017-12-22

Articles

  • Articles

    The Legal Status of the President in the RA System of Parliamentary Government

    V. Stepanyan
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    Abstract

    The transition from a semi-presidential form of government to a parliamentary one in the "Concept of Constitutional Restructuring of the Republic of Armenia" is justified by issues in the doctrine of separation and balancing of the powers. And these issues, according to the authors of the Concept, are primarily due to the peculiarities of the legal status of the president in the system of semi-presidential government. The article examines the peculiarities of the legal status of the President in the system of the parliamentary government of the Republic of Armenia. The analysis of the constitutional norms envisaging the powers of the President of the Republic of Armenia, with the impregnability leads to the conclusion that the President is deprived of his own powers. The normative and individual acts of the President are in fact an expression not of his will, but of the will of those sub-entities who make appropriate proposals and representations

    References
  • Articles

    The Institutonal and Legal Guarantees of Freedom of Thought, Conscience and Religion in the Constitution of the RA

    G. Danielyan
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    Abstract

    The constitutional provisions of freedom of thought, conscience and religion are generally envisaged in the articles 17, 18 and 41 of the Constitution of the Republic of Armenia. These articles contain innovations, which mostly differ from the previous legal regulations. In order to implement the institutional and procedural guarantees of the mentioned freedom, draft laws have been elaborated and put into circulation by the Government of the Republic of Armenia. The analysis of the draft laws mentioned revealed their incompatibilities with the constitutional requirements at the conceptual level and as a result of the analysis the author suggested some scientific-practical provisions. This article touches upon some contemporary questions, such as constitutional status of religious organizations, essence of the term «national church», framework and legal basis of the relations between the state and Armenian Holy Apostolic Church, the essence of constitutional limitations on freedom of thought, conscience and religion e.t.c. The presented conclusions may be helpful in the improvement of the legislative process.

    References
  • Articles

    The Constitutional Bases for Securing the Independence of the Judiciary

    G. Ghazinyan
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    Abstract

    The article is focused on the constitutional guarantees of the independence of judicial power in the context of the constitutional amendments of 6 December 2015. The article presents the regulations related to the status, composition and formation of the Council of Justice and its successor High Council for Judcicary as constitutional bodies responsible for guaranteeing the independence of the judiciary based on the analyzis of the existing legislative regulations, issues rising in practice and the new constitutional amendments aimed to solve them. The article also outlines the advantages and disadvantages of the current and new constitutional regulations in regard the appointment of judges

    References
  • Articles

    Clarification of the Functional Role of Appellate and Cassation Instance in the Light of the New Constitutional-legal Status

    T. Sujyan
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    Abstract

    The issues of ambiguous interpretation of the legislative regulations of appeal and cassation as forms of the judicial review, due to the lack of clear differentiation of the functional role of appeal and cassation, are discussed in the article presented. The article analyzes the new legal status of the Appellate and Cassation Courts and as a result of the analysis conclusions are made in regard to the possible legislative regulations in procedural laws aimed to guarantee the functional role of appeal and cassation.

    References
  • Articles

    Issues of Realization of the Right to Fair and Public Hearing in Reasonable Time in Civil Procedure in the Light of Constitutional Reforms

    V. Hovhannisyan
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    Abstract

    The right to fair and public hearing (case examination) in reasonable time that is being deemed as an element to the right to fair trail and criteria of evaluation of reasonableness have been recently intoduced to the legal system of the Republic of Armenia (the RA). The lack of scientific analyses in domestic jurisprudence and judicial precedent for the subject matter should be noted, which may cause problems for reserving the procedural norms guarantying this right, correct interpretation and implementation of provisions stipulated by the RA Constitution and international treaties. As a result of scientific analysis of approaches which are formed in ECHR’s precedent law regarding the right to case examination in reasonable time, the author has elaborated suggestions directed towards revealing the very essence of this right in civil procedure, has established legal framework for its realization and preservation, as well as its evaluation standards. Moreover, establishment of civil-procedural frame for the action of the right not only will entail the maximum discovery of the substance of reasonableness of the case examination term, but also will make is easy to evaluate the violations of this right adequately. The author has concluded, that the rights to litigation and execution of judicial act in reasonable time assume such duration and timeframe provided by the state (via the court or the Compulsory Enforcement Service), during which the initial meaning of the applicant’s subjective right (that is subject to protection) will be guaranteed in maximum. Moreover, it has been specially emphasized, that the timeframes established by the law shall also be reasonable and the evaluation of whether the case has been examined in reasonable time may be carried out with collation and unity of standards established exclusively by the Code.

    References
  • Articles

    Constitutional Innovations in the Mechanisms of Implementation and Limitation of Human Rights and Freedoms (Systemic and Formal Legal Interpretation)

    A. Vagharshyan
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    Abstract

    The legal provisions of the Republic of Armenia Constitution with amendments from 2015, which are innovations in regard to the mechanisms of implementation and limitation of human rights and freedoms, are discussed in the Article. In this context, the constitutional concepts “organizational mechanisms and procedures necessary for the effective exercise of rights and freedoms”, “inviolability of the essence of the provisions on fundamental rights and freedoms”, “proportionality of the limitation” and “certainty of the limitation” are interpreted in the systemic and formal legal sense. These innovations in the institutes of the fundamental rights and freedoms are foreseen as important constitutional-legal guarantees for the protection of the basic rights.

    References