Vol. 9 No. 2 (26) (2018)

DOI: https://doi.org/10.46991/BYSU:C/2018.9.2
Published: 2018-09-20

Articles

  • Articles

    Juvenile Victim`s Legal Capacity and Capacity for Civil Conduct Criminal Proceeding

    S. Dilbandyan
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    Abstract

    The protection of the rights and legitimate interests of juvenile victims is important in criminal proceedingsas due to their age and psychological condition they are not able adequately protect their rights and legitimate interests. For the settlement of the legal status of underage victims in the criminal process, their legal capacity and capacity for civil conduct should be examined. Protection of the rights and legitimate interests of juveniles requires certain peculiarities of criminal proceedings.

    References
  • Articles

    Some Peculiarities of Investigatory Experiment Implementation

    V. Yengibaryan
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    Abstract

    The Article analyzes and reveals the interaction of notion and nature of investigatory experiment –one of the most important investigative actions. The analysis and disclosure of the features of the notion and theoretical and legal grounds of the investigatory experimentimplementation has both scientific and practical importance for demarcating it from other adjoining investigative actions, clarifying the circle of its core tasks and aims, as well as for choosing the most optimal tactical line. To that end, the author has analyzed both coinciding and contradicting standpoints of different authors on the discussed issue, legal provisions of criminal process legislation, and as a result – has formulated the notion of the investigatory experiment. Thus – investigative experiment may be characterized as an independent investigative action, which is implicated by the investigator by means of experiments and other experimental actions, with the aim of checking and clarifying data, necessary for the case, studying out possibility of perceiving certain phenomenon and a fact, clarifying possibility of implementation of certain action, occurrence of a phenomenon and studying out the mechanism of implementation of certain actions, as well as getting new proofs, checking investigative hypothesis, disclosure of the causes and conditions, facilitating the commitment of the crime in such conditions, which are highly similar to the conditions, existing at the moment of the commitment of the verifiable fact, phenomenon or case.

    References
  • Articles

    The Role of the Family on the Formation of Juvenile`s Criminal or Delinquent Behavior

    A. Margaryan
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    Abstract

    Family plays a vital role in the formation of juvenile`s personality. Primary socialization of the child, formation of his/her communication and behavioral skills takes place in the family. The family atmosphere, family well-being, emotional attachment of children and parents, parental control directly affect children`s law-abiding or deviant behavior. In this respect, the Armenian family is not an exception. The article discusses the impact of different family factors on the deviant behavior of children in the RA.

    References
  • Articles

    Legal-Scientific Research on the Similarites of M. Gosh's and S. Goundstable's Codexes

    A. Vagharshyan
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    Abstract

    The legal-scientific analyze of two Armenian Codexes from the Middle Ages makes possible to insist that there had been an Armenian codex in pre-Christian era, which was used by two codificators - M. Gosh and S. Goundstable. This feature explains the similarity or identical essence of articles in the codexes. This fact brings a new analytical issue: to discover that national codex through research of Armenian historical legal sources.

    References
  • Articles

    Compensation for Harm Caused by Defects of Products, Works or Service

    G. Bekmezyan
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    Abstract

    Compensation for harm caused by products, works or services is one of the most important institutes of civil law. The problem of damage caused by defects of goods, works or services was particularly significant and got more importance from the second half of the 20th century when the increase in production 35 and service delivery put the final consumer into a difficult situation. Civil Code of the Republic of Armenia adopted in 1998, introduced a new approach to the settlement of the discussed issue that was consistent with the trends in time development. But it is also important to find out the relevance and completeness of the Code's legal regulations of the highlighted issue in comparison with the legal regulations of other countries. The study examined Armenia's legal regulations on compensation for harm caused by defects of products, works or services in the context of a comparison with a number of foreign countries.

    References
  • Articles

    Guaranteeing Political Neutrality of the Constitutional Court While Considering Constitutional Disputes

    A. Manasyan
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    Abstract

    The article discusses the issues regarding political neutrality of the Constitutional Court while considering constitutional disputes. The Author concludes that in case of constitutional disputes just its constitutional-legal element is subject to consideration at the Constitutional Court. Hence, within the frames of constitutional justice, issues, presupposing political answers, can’t be considered and resolved, and the solutions proposed by the Constitutional Court can’t have a political character.

    References