State and Law
type: channel
description: The Journal “State and Law” is a peer-reviewed scientific journal dedicated to publishing high-quality research in legal theory and practice, comparative law, constitutional studies, and public governance. With a strong focus on both Armenian and international legal developments, the journal seeks to foster scholarly dialogue across diverse legal systems and traditions. In addition to traditional legal scholarship, The Journal “State and Law” also welcomes interdisciplinary contributions that offer novel insights into the law and its broader societal implications.
publisher: Yerevan State University
language: en
publication name: State and Law
issn: 1829-023X
items: IMPOSSIBILITY OF PARTICIPATION IN PROCEEDINGS: SOME PRACTICAL KEY ISSUES
items: A FEW REMARKS ON THE LEGAL STATUS OF DAOS IN THE EUROPEAN UNION AND THE REPUBLIC OF ARMENIA
items: From the Luxembourg Agreement onwards: Antisemitism and the Normative Trajectory of German Law
items: PRE-TRIAL DISPUTE RESOLUTION THROUGH MEDIATION: NEW ROLES OF THE NOTARY IN THE SERVICE OF SOCIETYTHE COMPARATIVE LEGAL ANALYSIS OF UZBEKISTAN AND ARMENIA
items: RUSSIAN CRIMINAL PROCEEDINGS: PROCEDURAL FORM VS RULESOF PROCEDURAL RECORD KEEPING
items: CORRELATION OF CRIMINAL PROSECUTION AND PROTECTION OF THE RIGHTS AND FREEDOMS OF THE ACCUSED
items: THE CONCEPT OF SYSTEMATIZATION OF LAW
items: PROTECTION OF CHILDREN’S RIGHTSIN THE PROCESS OF MEDIA COVERAGE
items: LEGAL VOIDS AND MARKET VOIDS: HOW OUTDATED ADVERTISING LAWS THREATEN MEDIA SUSTAINABILITY IN ARMENIA
items: PRACTICAL ISSUES IN THE APPLICATION OF THE PROCEDURAL INSTITUTION OF PRELIMINARY COURT HEARINGS
items: THE CONCEPT AND THE FUNDAMENTAL GUARANTEES OF LEGALITY OF SECRET INVESTIGATIVE ACTIONS
items: SOME FUNDAMENTAL ISSUES REGARDING JUDICIAL APPEALS OF PRE-JUDICIAL ACTS BY PUBLIC PARTICIPANTS IN CRIMINAL PROCEEDINGS
items: SEPARATION OF THE FUNCTIONS OF THE HEAD OF THE INVESTIGATIVE BODY AND THE SUPERVISING PROSECUTOR IN THE CONTEXT OF RELATIONS BETWEEN THE PUBLIC PARTICIPANTS IN THE PROCEEDINGS
items: THE PURPOSES AND CHALLENGES OF SUPPLEMENTARY HEARINGS IN THE CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ARMENIA
items: THE ISSUE OF THE COURT'S COMPETENCE TO RELEASE FROM CRIMINAL LIABILITY ON THE BASIS OF ACTIVE REPENTANCE
items: THE COUNTERPARTY’S SUPERIOR BARGAINING POSITION AS A FACTOR SHAPING THE EXPRESSION OF WILL.
items: SAME GENUS, DIFFERENT INTENT: DISTINGUISHING PERSECUTION AS A CRIME AGAINST HUMANITY FROM GENOCIDE
items: THE RIGHT OF DISTRIBUTION OF PERFORMANCE FIXATIONS AND FIRST SALE DOCTRINE IN THE DIGITAL AGE
items: CERTAIN ISSUES OF THE APPLICATION OF IMPERATIVENORMS IN THE LAW ENFORCEMENT PRACTICEOF THE REPUBLIC OF ARMENIA
items: PREREQUISITES FOR EFFECTIVE DEFENSE IMPLEMENTATION DURING THE TRIAL PHASE
items: MODERN CONCEPT OF OFFICIALITY (PUBLICITY) OF CRIMINAL PROCEEDINGS AND DEVELOPMENT TENDENCIES
items: METHODOLOGICAL ASPECTS OF OVERCOMING THE CRISIS OF ARMENIAN STATEHOOD
items: THE LEGAL VALUE OF SYSTEMATIZATION IN THE CONTEXT OF E-GOVERNANCE
items: THE ORIGINS OF PRISON SUBCULTURE
items: PROBLEMS OF SUBJECTIVE PRECONDITIONS FOR THE IMPLEMENTATION OF THE RIGHT TO APPEAL TO COURT (INITIATE A CLAIM) IN CIVIL PROCEEDINGS
items: REASONABLE TIME AS A PRINCIPLE OF CRIMINAL PROCEDURE
items: SOME LEGAL ISSUES OF HUMAN GENE MODIFICATION
items: PRELIMINARY HEARINGS IN THE CRIMINAL PROCEDURE OF THE REPUBLIC OF ARMENIA: IMPORTANCE, CHALLENGES, AND PROSPECTS FOR REFORM
items: THE SCOPE OF DATA CONSIDERED AS MEDICAL CONFIDENTIALITY AND BASIC REQUIREMENTS FOR PATIENT CONSENT TO MEDICAL INTERVENTION
items: INTERNATIONAL MECHANISMS FOR THE ENFORCEMENT OF JUDGEMENTS OF THE INTERNATIONAL COURT OF JUSTICE

IMPOSSIBILITY OF PARTICIPATION IN PROCEEDINGS: SOME PRACTICAL KEY ISSUES
type: item
description: In the article, the procedural regulations concerning recusal, self-recusal, and exemption from participation in proceedings, as provided in the currently effective Criminal Procedure Code of the Republic of Armenia, which entered into force on 1 July 2022, as well as the practical problems existing in practice in relation thereto, have become the subject of scientific and practical analysis. In particular, the procedural procedures for terminating participation in proceedings, the subject composition, and the distinguishing features of the grounds have become the subject of detailed analysis. The relevant case law of the European Court of Human Rights and the judicial practice formed by the Court of Cassation of the Republic of Armenia in relation to certain practical issues are presented. The grounds for declaring recusal of a judge and the various interpretations existing in practice in relation thereto have become the subject of separate discussion. Special reference is made to the procedure for resolving the issue of recusal (self-recusal) or exemption from participation in proceedings. In this regard, various approaches already formed in practice in relation to certain regulations, as well as their possible solutions, are presented. In particular, with regard to this latter issue, the question of the subject authorized to decide on exemption from participation in proceedings, when it concerns judicial guarantees proceedings carried out at the pre-trial stage, has become the subject of detailed discussion and analysis.
subject: PROCEDURAL LAW
  topic: section
subject: recusal
  topic: keywords
subject: self-recusal
  topic: keywords
subject: exemption from participation in proceedings
  topic: keywords
subject: impartial
  topic: keywords
subject: subjective approach
  topic: keywords
subject: objective approach
  topic: keywords
creator: Tatevik Sujyan
rights: Copyright (c) 2026 Tatevik Sujyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 112
ending page: 127
doi: 10.46991/SL/2025.101.112

A FEW REMARKS ON THE LEGAL STATUS OF DAOS IN THE EUROPEAN UNION AND THE REPUBLIC OF ARMENIA
type: item
description: The development of blockchain technology has led to the emergence of a novel form of collaborative organization, known as Decentralized Autonomous Organizations (DAOs), which rely on internet-based communication and cryptographic mechanisms. The economic significance of DAOs has prompted legislators to consider appropriate legal frameworks. This article analyzes the legal status of DAOs in the European Union and the Republic of Armenia. While the EU adopted the Markets in Crypto-Assets Regulation (MiCA), it refrained from recognizing DAOs as distinct legal entities, despite preliminary considerations during the legislative process. Similarly, Armenia, through the Law on Crypto-Assets (HO-159-N), inspired by MiCA, does not explicitly address DAOs. Consequently, both jurisdictions exhibit a regulatory gap. The article demonstrates that, even in the absence of dedicated legislation, interpretative cues within these legal instruments can provide guidance on how DAOs may be treated under EU and Armenian law. By examining these frameworks, the study contributes to understanding the potential legal recognition and regulation of DAOs in different legal systems.
subject: PRIVATE LAW
  topic: section
subject: Decentralized Autonomous Organizations
  topic: keywords
subject: crypto-assets regulation
  topic: keywords
subject: legal status
  topic: keywords
subject: European Union
  topic: keywords
subject: Armenia
  topic: keywords
subject: blockchain technology
  topic: keywords
creator: Jakub Jan Zięty
creator: Rafał Pietraszuk
rights: Copyright (c) 2026 Rafał Pietraszuk, Jakub Jan Zięty https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 16
ending page: 30
doi: 10.46991/SL/2025.101.016

From the Luxembourg Agreement onwards: Antisemitism and the Normative Trajectory of German Law
type: item
description: This article examines how normative logic embedded in reparations law continues to shape contemporary German criminal law, taking the Luxembourg Agreement of 1952 between the Federal Republic of Germany, the State of Israel and the Jewish Conference on Material Claims against Germany (JCC) as its very conceptual point of departure. Against the backdrop of rising antisemitic criminal offenses in Germany, the article focuses on the amendment of Section 46 (2) of the German Criminal Code (StGB; Strafgesetzbuch), which explicitly includes antisemitic motives among the circumstances relevant for sentencing. While this amendment has been criticized as merely declaratory or even ‘symbolic’, this article argues that such criticism overlooks the deeper legal genealogy of state responsibility that ultimately originates in the Luxembourg Agreement. Antisemitic motives intensify culpability and wrongfulness because they engage the foundational commitments of the post-war legal order that emerged in response to antisemitic state-driven violence. Explicitly naming such motives in sentencing law therefore constitutes a crucial institutional function by shaping investigative practices, judicial reasoning, and normative expectations within the criminal justice system. From a criminal legal perspective, the article develops an account of motives as normative indicators that affect both culpability and wrongfulness. Antisemitic motives, it argues, intensify the Unrechtsgehalt of an offense because they negate the equal moral status of the victim and symbolically attack the legal order that emerged in response to antisemitic state violence. The article concludes that the explicit inclusion of antisemitic motives in Section 46 (2) StGB reflects a coherent and legally grounded response to historically specific injustice and underscores the role of criminal law in stabilizing responsibility within the German legal order.
subject: CRIMINAL LAW AND CRIMINOLOGY
  topic: section
subject: Reparation law
  topic: keywords
subject: Antisemitism
  topic: keywords
subject: German Criminal Law
  topic: keywords
subject: Sentencing Motives
  topic: keywords
subject: Constitutional Identity
  topic: keywords
subject: Historical Responsibility
  topic: keywords
creator: Anna Pacurar
rights: Copyright (c) 2026 Anna Pacurar https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 128
ending page: 140
doi: 10.46991/SL/2025.101.128

PRE-TRIAL DISPUTE RESOLUTION THROUGH MEDIATION: NEW ROLES OF THE NOTARY IN THE SERVICE OF SOCIETYTHE COMPARATIVE LEGAL ANALYSIS OF UZBEKISTAN AND ARMENIA
type: item
description: This article examines modern approaches to pre-trial dispute resolution through mediation, with a particular emphasis on the new functions of the notary in this process. It analyzes the legal mechanisms for interaction between mediation and the notary profession in the context of ensuring sustainable and effective justice, preventing excessive judicial burden. Particular attention is given to a comparative legal analysis of the legislation of Uzbekistan and Armenia, which have seen active reforms in the field of alternative dispute resolution in recent years. The author emphasizes that notarization of mediation agreements plays a key role in ensuring their legal validity and the trust of the parties, and also strengthens the preventive function of the notariat in protecting citizens' rights and the rule of law.
subject: PRIVATE LAW
  topic: section
subject: dejuridisation
  topic: keywords
subject: mediator
  topic: keywords
subject: mediation agreement
  topic: keywords
subject: notariat
  topic: keywords
subject: notary
  topic: keywords
subject: preventive justice
  topic: keywords
creator: Dilshod Ashurov
creator: Ani Mutafyan
rights: Copyright (c) 2026 Dilshod Ashurov, Ani Mutafyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 53
ending page: 70
doi: 10.46991/SL/2025.101.053

RUSSIAN CRIMINAL PROCEEDINGS: PROCEDURAL FORM VS RULESOF PROCEDURAL RECORD KEEPING
type: item
description: The article examines the law-making trends associated with the strengthening of the formalization of criminal procedure law and expressed in the content of the Criminal Procedure Code of the Russian Federation with purely technical and technological rules that determine not so much the high purpose of the criminal procedure form, but the procedure for judicial, prosecutor's and investigative paperwork and document management. The article explores the reasons for the emergence of such trends, which are associated with two objective factors inherent in the formation of the early Soviet criminal justice system in the 1920s. In addition, an attempt is made to identify the reasons that led to a sharp increase in the considered trends at the turn of the XX-XXI centuries and their reflection in the text of the current Criminal Procedure Code. In this regard, it is hoped that this shortcoming in the national law-making policy will be eliminated as soon as possible and that the rules of criminal procedure paperwork will be gradually excluded from the scope of legislative regulation. It is noted that the form of criminal procedure that follows from the Federal Law, which is predetermined by proper legal guarantees of the quality of the intended results, cannot be identified with the rules of criminal procedure record-keeping and document management.
subject: PROCEDURAL LAW
  topic: section
subject: law-making policy
  topic: keywords
subject: law-making
  topic: keywords
subject: criminal proceedings
  topic: keywords
subject: criminal procedural form
  topic: keywords
subject: criminal procedural acts
  topic: keywords
subject: criminal procedural documents
  topic: keywords
subject: criminal procedural law
  topic: keywords
creator: Leila Bagandova
creator: S. B. Rossinsky Rossinsky
rights: Copyright (c) 2025 S. B. Rossinsky Rossinsky https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 27
ending page: 37
doi: 10.46991/SL/2025.SI1.027

CORRELATION OF CRIMINAL PROSECUTION AND PROTECTION OF THE RIGHTS AND FREEDOMS OF THE ACCUSED
type: item
description: The article discusses the relationship between criminal prosecution and protection of the rights and freedoms of the accused in the context of the typological characteristics of legal proceedings. Based on the comparative legal analysis, the author concludes that at present there is no explicit division of national criminal procedure systems into systems with the priority of substantive law over procedural law and systems with the priority of procedural law over substantive law.
subject: PROCEDURAL LAW
  topic: section
subject: criminal prosecution
  topic: keywords
subject: protection of the rights and freedoms of the accused
  topic: keywords
subject: legal priorities
  topic: keywords
subject: reasonable balance
  topic: keywords
creator: Nikolay Stoyko
rights: Copyright (c) 2025 Nikolay Stoyko https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 17
ending page: 26
doi: 10.46991/SL/2025.SI1.017

THE CONCEPT OF SYSTEMATIZATION OF LAW
type: item
description: The aim of this research is to highlight the differences in the systematization of legislation and legal acts based on the study of theoretical material, to achieve which a number of theoretical and practical issues of law systematization are discussed, in particular, the semantic differences between the terms "legislation" and "legal act", approaches to the understanding of legal acts and the systematization of legislation, which made it possible to classify the existing concepts of the systematization of law and try to build a new definition.
subject: THEORY OF STATE AND LAW
  topic: section
subject: systematization
  topic: keywords
subject: legal system
  topic: keywords
subject: legislation
  topic: keywords
subject: normative legal act
  topic: keywords
subject: sub-legislative act
  topic: keywords
subject: regulation of legal acts
  topic: keywords
subject: legal activity
  topic: keywords
subject: document
  topic: keywords
subject: improvement
  topic: keywords
subject: development of law
  topic: keywords
creator: Sergey Kocharyan
rights: Copyright (c) 2026 Sergey Kocharyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 5
ending page: 15
doi: 10.46991/SL/2025.101.005

PROTECTION OF CHILDREN’S RIGHTSIN THE PROCESS OF MEDIA COVERAGE
type: item
description: As a result of various global changes and the widespread expansion of digital media, the activity of family influencers on social media has evolved into a multi-billion-dollar industry, often centered around children. Lacking a clearly defined legal status and excluded from negotiating or consenting to either labor or civil contracts, children ultimately become the performers or service providers under such agreements. This article analyzes the concept of “sharenting” and its potential dangers, including identity theft, psychological harm, and the deprivation of a child’s ability to shape their own identity. Within the boundaries of parental autonomy, the article proposes the legal recognition of a child’s “right to be forgotten,” enabling individuals, upon reaching adulthood, to request the removal of their images and personal information from monetized content. This approach aims to protect both parental rights and reduce the long-term risks of exploitation and harm to children.
subject: PRIVATE LAW
  topic: section
subject: Children’s rights
  topic: keywords
subject: Monetized content
  topic: keywords
subject: Influencer
  topic: keywords
subject: Sharenting
  topic: keywords
subject: Right to be forgotten
  topic: keywords
subject: Social media
  topic: keywords
subject: Personal data protection
  topic: keywords
subject: Identity theft
  topic: keywords
subject: Parental autonomy
  topic: keywords
creator: Rubina Petrosyan
rights: Copyright (c) 2026 Rubina Petrosyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 71
ending page: 84
doi: 10.46991/SL/2025.101.071

LEGAL VOIDS AND MARKET VOIDS: HOW OUTDATED ADVERTISING LAWS THREATEN MEDIA SUSTAINABILITY IN ARMENIA
type: item
description: This study examines the critical challenge of online advertising regulation in Armenia, a post-Soviet country with a transitional democracy. The object of the study is the RA Law “On Advertising”, a legal framework developed in the pre-digital era of television and print, which fails to meet the demands of the modern media environment. The purpose of the research is to analyze the gaps in this legislation and propose practical solutions. The scientific novelty lies in its empirical contribution as a comprehensive study to analyze the direct impact of vague legal concepts and restrictive advertising policies on the financial stability of local media in Armenia. The results show that recent regulations, in particular the near-total ban on gambling advertising, have led to a significant loss of revenue for media organizations, while failing to reduce the overall size of the gambling market. The practical significance of the work is that its findings and recommendations can serve as a roadmap for policymakers to reform the RA Law "On Advertising" and develop effective oversight mechanisms that balance public interest with the need for a free and financially viable press.
subject: PRIVATE LAW
  topic: section
subject: online advertising
  topic: keywords
subject: legal regulation
  topic: keywords
subject: media sustainability
  topic: keywords
subject: legislative gaps
  topic: keywords
subject: gambling advertising
  topic: keywords
subject: post-Soviet media
  topic: keywords
subject: Armenia
  topic: keywords
subject: media economics
  topic: keywords
creator: Arsen Tavadyan
creator: Mari Mkhitaryan
rights: Copyright (c) 2026 Arsen Tavadyan, Mari Mkhitaryan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 31
ending page: 41
doi: 10.46991/SL/2025.101.031

PRACTICAL ISSUES IN THE APPLICATION OF THE PROCEDURAL INSTITUTION OF PRELIMINARY COURT HEARINGS
type: item
description: The new Criminal Procedure Code of the Republic of Armenia has introduced fundamental changes to the structure of proceedings in the court of first instance. The trial stage has been divided into three mandatory sub-stages: preliminary, main, and supplementary hearings, each having its own distinct procedural tasks. Preliminary hearings are considered a new, independent procedural institution, the purpose of which is to eliminate shortcomings made in the previous stages and to prepare the proceedings for the main hearings. During the preliminary hearings, the court examines a number of strictly defined issues, including the matter of preventive measures, as well as the scope and admissibility of evidence. In practice, however, the legal regulations regarding the issues subject to discussion during the preliminary hearings are applied inconsistently, which prevents the realization of the content originally intended in those regulations. The article highlights the most common violations encountered in legal practice and presents practical recommendations aimed at ensuring the purposeful application of the institution of preliminary hearings.
subject: PROCEDURAL LAW
  topic: section
subject: Preliminary hearing
  topic: keywords
subject: Criminal Procedure Code
  topic: keywords
subject: Evidentiary scope
  topic: keywords
subject: Judicial efficiency
  topic: keywords
subject: Equality of arms
  topic: keywords
subject: Adversarial principle
  topic: keywords
subject: Preventive measures
  topic: keywords
creator: Davit Melkonyan
rights: Copyright (c) 2025 Davit Melkonyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 57
ending page: 62
doi: 10.46991/SL/2025.SI1.057

THE CONCEPT AND THE FUNDAMENTAL GUARANTEES OF LEGALITY OF SECRET INVESTIGATIVE ACTIONS
type: item
description: This article discusses a number of important issues regarding the implementation of secret investigative activities. Secret investigative operations, as operations carried out during pre-trial proceedings, have specific tasks aimed at detection and prevention of crimes, collection of evidence and identification of the person who committed the crime. In the legal and linguistic sense, “covert” means a secret, non-public, inconspicuous practice, the purpose of which is to provide evidence necessary for the investigator’s actions. The probative value of secret investigative operations is largely determined by the protection of the guarantees provided by law during their implementation. Compliance of national legislation with international standards is essential to ensure the legality of covert investigative activities. The position of the European Court of Human Rights on this issue emphasizes that the competent authorities of the states can carry out secret operations to ensure the protection of public safety, but there must always be clear and effective guarantees for the protection of human rights. The guarantees established by the state for the implementation of secret investigative activities are intended to exclude human rights violations, possible interferences and abuses. For example, according to Article 243 of the Criminal Procedure Code of the Republic of Armenia, secret investigative actions are carried out based on a court order and only in the event that gathering evidence by other means is impossible. In the case of conducting secret investigative activities, priority is given to the proportionality of the interference with personal data and the protection of private life and fundamental rights. The legislation of Armenia also sets clear restrictions on the scope of persons against whom secret actions can be carried out, including with the permission of the court. The author concludes that secret investigative actions, being an independent type of state …
subject: PROCEDURAL LAW
  topic: section
subject: secret investigative operations
  topic: keywords
subject: legality
  topic: keywords
subject: fundamental guarantees
  topic: keywords
subject: human rights and freedoms
  topic: keywords
subject: criminal trial
  topic: keywords
subject: evidence collection
  topic: keywords
subject: court decision
  topic: keywords
subject: criminal proceedings
  topic: keywords
subject: RA Constitution
  topic: keywords
subject: European Court
  topic: keywords
subject: private communication
  topic: keywords
subject: public security
  topic: keywords
creator: Vahe Engibaryan
rights: Copyright (c) 2025 Vahe Engibaryan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 46
ending page: 56
doi: 10.46991/SL/2025.SI1.046

SOME FUNDAMENTAL ISSUES REGARDING JUDICIAL APPEALS OF PRE-JUDICIAL ACTS BY PUBLIC PARTICIPANTS IN CRIMINAL PROCEEDINGS
type: item
description: This scientific article is dedicated to the judicial appeal of pre-trial procedural acts performed by public participants in criminal proceedings. It examines the subjects entitled to appeal, the written and oral procedures for examining appeals, as well as the evidentiary process related to facts under appeal in judicial proceedings. The Criminal Procedure Code establishes a system of guarantees designed to protect the rights and legitimate interests of individuals within the framework of criminal proceedings. Appealing the actions and decisions of public participants during pre-trial proceedings is one of the key guarantees that enables judicial review of the legality of procedural acts carried out by public participants. The new Criminal Procedure Code provides detailed regulation of the scope of judicial appeals concerning pre-trial procedural acts, the parties entitled to appeal, the powers of the court, and the participants involved in the proceedings. A review of judicial practice reveals numerous cases involving appeals against the actions and decisions of public participants in pre-trial proceedings. This underscores the significance of challenging pre-trial procedural acts and highlights the necessity of ensuring their effective application in practice.
subject: PROCEDURAL LAW
  topic: section
subject: criminal proceedings
  topic: keywords
subject: pre-trial proceedings
  topic: keywords
subject: procedural act
  topic: keywords
subject: appeal
  topic: keywords
subject: participants
  topic: keywords
subject: grounds for appeal
  topic: keywords
subject: initiation of criminal proceedings
  topic: keywords
subject: appellant
  topic: keywords
creator: Samvel Dilbandyan
rights: Copyright (c) 2025 Samvel Dilbandyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 38
ending page: 45
doi: 10.46991/SL/2025.SI1.038

SEPARATION OF THE FUNCTIONS OF THE HEAD OF THE INVESTIGATIVE BODY AND THE SUPERVISING PROSECUTOR IN THE CONTEXT OF RELATIONS BETWEEN THE PUBLIC PARTICIPANTS IN THE PROCEEDINGS
type: item
description: SEPARATION OF THE FUNCTIONS OF THE HEAD OF THE INVESTIGATIVE BODY AND THE SUPERVISING PROSECUTOR IN THE CONTEXT OF RELATIONS BETWEEN THE PUBLIC PARTICIPANTS IN THE PROCEEDINGS GEVORG BAGHDASARYAN Candidate of Law, Lecturer at YSU Chair of Criminal Procedure and Criminalistics, State Councilor of Justice of the Third Class baghdasaryangevorg001@gmail.com https://orcid.org/0000-0002-6407-6253 This article addresses the fundamental issue of distinguishing the functions of organizing, managing, supervision and oversight of the preliminary investigation. Acknowledging that this issue is not new in the theory of criminal proceedings, the author first outlines its historical background and identifies the factors that have prevented its resolution to this day. Subsequently, by presenting the existing theoretical approaches to the content of the aforementioned functions, the author concludes that there are no objective and applicable criteria for their delineation. Based on a combined analysis of the powers vested in the supervising prosecutor and the head of the investigative body, the author concludes that the legislature has failed to implement the “one subject – one function” concept, which is proclaimed as the foundation for regulating the relationships between public participants in criminal proceedings. Although each has been formally assigned a distinct function, in practice, they have also been endowed with powers that are inherent to the function of the other participant. Given the organic interconnection between the functions of organizing, directing, supervising and overseeing the preliminary investigation, the author considers the overlap of certain powers between the supervising prosecutor and the head of the investigative body to be natural, however, the author criticizes the authority granted to the supervising prosecutor to annul procedural acts issued by the head of the investigative body that pertain to the organization of the investigation.
subject: PROCEDURAL LAW
  topic: section
subject: public participant in the proceedings
  topic: keywords
subject: Prosecutor, Head of the Investigative Body
  topic: keywords
subject: Chief of the Investigative Division
  topic: keywords
subject: supervision
  topic: keywords
subject: oversight
  topic: keywords
subject: organizing the preliminary investigation
  topic: keywords
subject: procedural management
  topic: keywords
subject: functional separation
  topic: keywords
creator: Gevorg Baghdasaryan
rights: Copyright (c) 2025 Gevorg Baghdasaryan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 63
ending page: 74
doi: 10.46991/SL/2025.SI1.063

THE PURPOSES AND CHALLENGES OF SUPPLEMENTARY HEARINGS IN THE CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ARMENIA
type: item
description: This article examines the newly introduced institution of supplementary hearings in the Criminal Procedure Code (CPC) of the Republic of Armenia, in force since 1 July 2022. Focusing on supplementary hearings held after a guilty verdict, it explores the legislature’s aims, the mechanism’s doctrinal foundations, and implementation challenges. Drawing on comparative criminal-procedure (United States, United Kingdom) and interdisciplinary findings from psychology and behavioral science, the authors argue that a bifurcated model that separates adjudication of guilt from sentencing decisions is valuable even without a jury, because it mitigates cognitive biases, particularly confirmation and hindsight bias, that can otherwise contaminate punishment. While the CPC’s tripartite structure (preliminary, main, supplementary hearings) aspires to balance public and private interests, current rules permit character and sentencing-related materials to surface during the main hearing, weakening the intended procedural barrier. The article proposes targeted reforms to operationalize the separation: (i) amend Article 102 to allocate facts strictly between the main hearing (event, attribution, elements, guilt) and the supplementary hearing (aggravating/mitigating factors, character, harm, civil claims); (ii) introduce a “two-envelope” mechanism requiring the prosecution and parties to submit guilt-related and sentencing-related evidence in separate sets; and (iii) revise Article 319 to bar the submission or examination of character/sentencing evidence before the verdict. Alternatives such as different judges for verdict and sentence are noted but assessed as impracticable. Properly implemented, supplementary hearings can more effectively safeguard fundamental rights and enhance the legitimacy and accuracy of sentencing in Armenia’s criminal justice system.
subject: PROCEDURAL LAW
  topic: section
subject: Supplementary hearings
  topic: keywords
subject: bifurcation
  topic: keywords
subject: balancing of public and private interests
  topic: keywords
subject: confirmation bias
  topic: keywords
subject: hindsight bias
  topic: keywords
subject: heuristics
  topic: keywords
subject: procedural barrier
  topic: keywords
creator: Gagik Ghazinyan
creator: Lusine Hovhannisyan
rights: Copyright (c) 2025 Gagik Ghazinyan, Lusine Hovhannisyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 5
ending page: 16
doi: 10.46991/SL/2025.SI1.005

THE ISSUE OF THE COURT'S COMPETENCE TO RELEASE FROM CRIMINAL LIABILITY ON THE BASIS OF ACTIVE REPENTANCE
type: item
description: In this article, the author, taking into account the various approaches developed in legal practice, raises the issue of whether the court can be regarded as an authorized body entitled to exempt a person from criminal liability on the basis of active repentance. On this matter, the author conducts a corresponding analysis and presents their own approaches. As a result, the author, also relying on the idea that discretionary criminal prosecution refers to the prosecutor's ability, based on legal criteria and reasoned expediency, not to initiate or to terminate already initiated criminal proceedings, concludes that the existing practical approaches—according to which the court, by virtue of its function of administering justice, is already vested with the right to apply the institution of active repentance—are legally questionable. This includes concerns regarding the proper enforcement of the constitutional chain of “function – body – authority”․
subject: PROCEDURAL LAW
  topic: section
subject: active repentance
  topic: keywords
subject: prosecutor
  topic: keywords
subject: discretionary criminal prosecution
  topic: keywords
subject: court
  topic: keywords
subject: to release from criminal liability
  topic: keywords
creator: Armen Hovhannisyan
rights: Copyright (c) 2025 Armen Hovhannisyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 75
ending page: 82
doi: 10.46991/SL/2025.SI1.075

THE COUNTERPARTY’S SUPERIOR BARGAINING POSITION AS A FACTOR SHAPING THE EXPRESSION OF WILL.
type: item
description: This article explores the legal implications of a counterparty's superior bargaining position as a factor shaping the expression of will in civil transactions. Anchored in classical and modern civil law theory, the study examines how imbalances in negotiating power—rooted in economic dominance, infrastructure control, or market dependence—can distort the autonomy of will, raising questions about the validity of the resulting contracts. The Armenian legal framework, particularly the Civil Code and the Law on Protection of Economic Competition, is analyzed to demonstrate how abuse of superior bargaining position may constitute a defect of will and render a transaction disputable. Drawing on jurisprudence, legal doctrine, and regulatory practice, the article argues that such abuse, even in the absence of traditional vitiating factors like coercion or fraud, can undermine genuine consent. It concludes that transactions concluded under these conditions should be assessed through a hybrid lens of civil and competition law, particularly where an administrative act has confirmed the abuse.
subject: PRIVATE LAW
  topic: section
subject: Superior Bargaining Position
  topic: keywords
subject: Defect of Will
  topic: keywords
subject: Contractual Autonomy
  topic: keywords
subject: Abuse of Economic Power
  topic: keywords
subject: Civil Transaction Validity
  topic: keywords
creator: Arsen Hovhannisyan
rights: Copyright (c) 2026 Arsen Hovhannisyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 42
ending page: 52
doi: 10.46991/SL/2025.101.042

SAME GENUS, DIFFERENT INTENT: DISTINGUISHING PERSECUTION AS A CRIME AGAINST HUMANITY FROM GENOCIDE
type: item
description: The crime against humanity of persecution and the crime of genocide share common roots which go way back to Nuremberg, although both have developed differently. The concept of genocide has remained untouched since the adoption of the Genocide Convention in 1948. The same does not hold true for persecution, whose definition and scope under the Rome Statute is reflective of the historical difficulty in identifying this offence as a stand-alone crime. The early stages of both offences represent two circles that intersect, but the specific intent to destroy a victimised group is what makes genocide to fall into an exclusive and convoluted category of crimes. This article aims at evaluating persecution and genocide from a substantive and technical perspective, with a view to examining the conditions under which the two crimes operate. The assessment may help clarify some critical points concerning the applicability of both offences in the context of crimes committed in a systematic and targeted fashion.
subject: INTERNATIONAL LAW
  topic: section
subject: Persecution
  topic: keywords
subject: Genocide
  topic: keywords
subject: Discriminatory intent
  topic: keywords
subject: Intent to destroy
  topic: keywords
subject: Protected groups
  topic: keywords
subject: Civilian population
  topic: keywords
subject: Deprivation of fundamental rights
  topic: keywords
creator: Pablo Gavira Díaz
creator: Gurgen Petrossian
rights: Copyright (c) 2025 Pablo Gavira Díaz, Gurgen Petrossian https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 104
ending page: 143
doi: 10.46991/SL/2025.100.104

THE RIGHT OF DISTRIBUTION OF PERFORMANCE FIXATIONS AND FIRST SALE DOCTRINE IN THE DIGITAL AGE
type: item
description: The article is dedicated to examining the unique aspects of a fundamental right held by performers - the right of distribution of the performance fixations. Although the RA Law "On Copyright and Related Rights" provides the right to distribute performance fixations, the legal regulations do not reveal the essence of the distribution right. Moreover, the law does not provide detailed regulations pertaining to the right of exhaustion, or more specifically, the doctrine of first sale, which is inherently intertwined with the right of distribution. It's worth highlighting that the concept of exhaustion rights, particularly within the digital age, has sparked extensive deliberation within international practice and scholarly circles. Consequently, this article provides an in-depth examination of the recent stances taken by both the US and EU courts concerning the notion of digital exhaustion. Based on the studies and analysis, the article summarizes that the right of exhaustion should be interpreted as applicable only in the case of the distribution of performances fixed on tangible objects. Consequently, in instances where performances are, for instance, hosted on streaming services, the doctrine of exhaustion finds no applicability. Furthermore, despite the absence of a specific response within Armenian legal practice and legislation regarding the interpretation of exhaustion rights in the digital realm, the article asserts that the interpretation within the Armenian legal system should exclude the application of the doctrine of first sale to digital fixations of performances.
subject: PRIVATE LAW
  topic: section
subject: Intellectual property
  topic: keywords
subject: artists
  topic: keywords
subject: performances
  topic: keywords
subject: the right of distribution
  topic: keywords
subject: the right of digital exhaustion
  topic: keywords
subject: streaming
  topic: keywords
creator: Mariam Ayvazyan
rights: Copyright (c) 2026 Mariam Ayvazyan https://creativecommons.org/licenses/by-nc/4.0
date: 2026-02-03
publication date: 2026-02-03
starting page: 85
ending page: 111
doi: 10.46991/SL/2025.101.085

CERTAIN ISSUES OF THE APPLICATION OF IMPERATIVENORMS IN THE LAW ENFORCEMENT PRACTICEOF THE REPUBLIC OF ARMENIA
type: item
description: The reference to the institution of imperative norms established by the legislation of the Republic of Armenia in this scientific article is due to the inconsistent interpretation of these norms in the judicial practice of the RA. The precedent decision of the RA Court of Cassation in the administrative case VD/3882/05/22 directly contradicts the legal regulations of Section 12 of the RA Civil Code and may lead to undesirable consequences in both judicial and notarial practice. Notaries in the RA who refuse to accept powers of attorney issued abroad with a validity period exceeding three years and to perform legally significant actions based on them may face judicial appeals. In turn, judicial authorities will be guided by the precedent decision of the RA Court of Cassation in case VD/3882/05/22, issuing contradictory rulings. There is an urgent need to review the controversial precedent decision of the RA Court of Cassation and to contribute to the development of law as well as the unification of judicial, notarial, and overall legal practice. Legal science plays a significant role in addressing this issue, and from this perspective, the article attempts to scientifically substantiate the vulnerability of the court’s decision and propose solutions to the existing situation.
subject: PRIVATE LAW
  topic: section
subject: globalization
  topic: keywords
subject: international cooperation
  topic: keywords
subject: conflict rule
  topic: keywords
subject: super-imperative rule
  topic: keywords
subject: cassation court
  topic: keywords
subject: precedent decision
  topic: keywords
subject: extraterritorial
  topic: keywords
subject: civil code
  topic: keywords
creator: Armen Haykyants
rights: Copyright (c) 2025 Armen Haykyants https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 26
ending page: 37
doi: 10.46991/SL/2025.100.026

PREREQUISITES FOR EFFECTIVE DEFENSE IMPLEMENTATION DURING THE TRIAL PHASE
type: item
description: This article seeks to examine the prerequisites for ensuring effective defense during the trial phase. The authors first analyze the right to defense, its significance, and its role within the framework of criminal procedural principles. Particular attention is paid to the court’s critical role as the guarantor of these principles in securing effective defense. The study further delves into the restrictions applied to defense counsel, which may arise at either legislative or customary levels. Fundamental principles such as adversarial proceedings, equality of arms, the right to cross-examine witnesses, challenging the admissibility of evidence, delivering closing arguments, and presenting positions on the application or interpretation of the law are identified as crucial components for achieving effective defense. The authors conclude that the existing regulatory framework for the submission of new evidence—limited exclusively to the phase of supplementing the evidence under review—can be perceived as an unwarranted limitation.
subject: PROCEDURAL LAW
  topic: section
subject: Criminal justice
  topic: keywords
subject: procedural standards
  topic: keywords
subject: procedural integrity
  topic: keywords
subject: criminal-procedural legal framework
  topic: keywords
subject: right to defense
  topic: keywords
subject: effective mechanisms to defense
  topic: keywords
subject: equality of arms; procedural guarantees.
  topic: keywords
creator: Gagik Ghazinyan
creator: Lusine Hovhannisyan
rights: Copyright (c) 2025 Gagik Ghazinyan, Lusine Hovhannisyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 38
ending page: 49
doi: 10.46991/SL/2025.100.038

MODERN CONCEPT OF OFFICIALITY (PUBLICITY) OF CRIMINAL PROCEEDINGS AND DEVELOPMENT TENDENCIES
type: item
description: The article is dedicated to the principle of officiality of criminal procedure. It presents the modern concept of officiality, discusses the expression of this idea in the Criminal Procedure Code of the Republic of Armenia, and highlights the tendencies of its development in the context of practical realities. As a result of the conducted research, the Author states that the modern concept of officiality in criminal procedure is the relative unity of public and private interests. It implies that the criminal proceedings are conducted with the purpose of uncovering the offence and imposing legal consequences for it, and during this process, human rights and freedoms must be guaranteed proportionately. The principle of officiality requires that, on the one hand, the norms governing the procedure of investigation and the powers of criminal prosecution bodies do not unnecessarily endanger human rights, while on the other hand, the guarantees of human rights and freedoms do not excessively limit the procedural possibilities for investigating and uncovering offences. According to the Author, the concept of officiality in the criminal justice system of the Republic of Armenia is expressed in line with its new concept and reflects the influence of universal tendencies in the correlation of public and private interests. The Author argues that the criminal procedure legislation of the Republic of Armenia, while strengthening the officiality of criminal proceedings in determining the status of a court, at the same time, for the purpose of alleviating the burden on criminal procedure, has increased the degree of dispositivity by expanding the opportunities of private participants in the proceedings to pre-determine the outcomes of public matters. Criminal procedural legislation and practice clearly bear the tendencies of general development in the relationship between public and private interests, strengthening private interests at the expense of limiting the possibilities for …
subject: PROCEDURAL LAW
  topic: section
subject: officiality
  topic: keywords
subject: dispositivity
  topic: keywords
subject: ex officio examination
  topic: keywords
subject: reasonableness
  topic: keywords
subject: principle
  topic: keywords
subject: basis
  topic: keywords
subject: public interest
  topic: keywords
subject: private interest
  topic: keywords
creator: Gevorg Baghdasaryan
rights: Copyright (c) 2025 Gevorg Baghdasaryan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 72
ending page: 88
doi: 10.46991/SL/2025.100.072

METHODOLOGICAL ASPECTS OF OVERCOMING THE CRISIS OF ARMENIAN STATEHOOD
type: item
description: The object of the research is the genesis of systemic conflicts in the paradigm of the formation of Armenian statehood, with its characteristic methodological and methodical approaches and features. The subject of the research is the main tendencies of forming Armenian statehood in recent history, the systemic crisis of state administration, the actual trajectory and structure of statehood formation. The scientific article presents the peculiarities of the cultural originality of the Armenian world in the field of state-building, its role in the world civilization. Parallel paradigms present the phenomenology of the clash of Armenian culture and anti-culture, on the basis of which the crisis of the Armenian statehood is diagnosed, which led to the painful defeat of our country in the 44-day war, disrupted the international legal capacity of our state. At the same time, the article proposes complex methodological solutions to overcome the crisis of Armenian statehood. The main conclusion of the work is that now, more than ever, the Armenian world needs a spiritual relaunch. It is what is capable of crystallizing the intellectual potential of Armenia, of moving the Armenian people from identity to self-identification, of giving meaning to the standards of Armenian quality.
subject: PUBLIC LAW
  topic: section
subject: аrmenian world
  topic: keywords
subject: culture
  topic: keywords
subject: crisis
  topic: keywords
subject: statehood
  topic: keywords
subject: war
  topic: keywords
subject: civilization
  topic: keywords
subject: genocide
  topic: keywords
subject: rebirth
  topic: keywords
subject: systemic conflict
  topic: keywords
creator: Vardan Ayvazyan
rights: Copyright (c) 2025 Vardan Ayvazyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 16
ending page: 25
doi: 10.46991/SL/2025.100.016

THE LEGAL VALUE OF SYSTEMATIZATION IN THE CONTEXT OF E-GOVERNANCE
type: item
description: In the article theoretical and legal aspects of the method of coordination, objectively necessary from the point of view of modern peculiarities of management, but ignored in practice, are investigated from modern scientific and practical aspects. At the same time it is concluded that coordination is seen as a kind of indicator of the degree of democratization of governance and emphasizes that coordination is being squeezed out of public life, especially when not only in the executive branch but also in other branches of government, single-person management becomes dominant through the consolidation of key functions of bodies. Basically, it is about a method of management that has hardly become a subject of research and is still out of sight of researchers, while it has a clear modern meaning. Accordingly, in the article, the real reasons of the said paradoxical situation were comprehensively examined. This study has highlighted the basis for the application of the term "coordination" in several meanings and the specific content of each of them. The final part of the article summarizes the features of individual types of coordination and the general features of coordination. The article presents as concisely as possible the most effective organizational vectors for further improvement of legal, theoretical and practical bases of coordination, overcoming obstacles to the application of this method.
subject: THEORY OF STATE AND LAW
  topic: section
subject: Constitution
  topic: keywords
subject: coordinating power
  topic: keywords
subject: management method
  topic: keywords
subject: executive power
  topic: keywords
subject: principle
  topic: keywords
subject: harmony
  topic: keywords
subject: consensus
  topic: keywords
subject: effectiveness of management
  topic: keywords
creator: Gevorg Danielyan
rights: Copyright (c) 2025 Gevorg Danielyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 5
ending page: 15
doi: 10.46991/SL/2025.100.005

THE ORIGINS OF PRISON SUBCULTURE
type: item
description: “Criminal subculture” is an antisocial, instigating phenomenon that not only differs from, but also opposes the general culture, the dominant values. It is obvious that this subculture is the result of criminal and antisocial activity, which survives and is preserved in the criminal environment from generation to generation, it is one of the most serious obstacles to the implementation of the goals of punishment in penitentiary institutions, with its specific value orientations, norms and rules of behavior, and informal stable bonds of offenders. The nature of the prison subculture is conditioned by the specifics of the type of punishment of imprisonment: the forced isolation of people, their inclusion in same-sex groups, and strict regulation of behavior in all spheres of life. The criminal subculture undermines the legal and moral foundations of society, significantly hinders the activities of law enforcement agencies, and keeps society in an atmosphere of fear and terror. Knowledge of the specifics of the criminal world and the standards of behavior of convicts can help neutralize or reduce the influence of prison subculture, which will allow the administration of penitentiary institutions to clearly, timely, and objectively analyze the pre-criminal situations prevailing in places of imprisonment, monitor them, and take measures to prevent them. One of the necessary conditions for neutralizing or limiting the negative impact of the criminal subculture is the introduction of more humane institutions in the penal legislation. The transition from punitive, restrictive and non-personal means of influence of the penal system to more humane methods towards offenders implies the development of re-socialization programs with serious substantive changes.
subject: CRIMINAL LAW AND CRIMINOLOGY
  topic: section
subject: Criminal subculture
  topic: keywords
subject: prison subculture
  topic: keywords
subject: forced isolation
  topic: keywords
subject: distorted system of value orientations
  topic: keywords
subject: prison environment
  topic: keywords
subject: lack of trust
  topic: keywords
subject: antisocial organism
  topic: keywords
subject: "rats"
  topic: keywords
subject: "gorillas"
  topic: keywords
subject: "jackals"
  topic: keywords
subject: "merchants"
  topic: keywords
subject: "fish"
  topic: keywords
subject: "prostitutes"
  topic: keywords
subject: "gangsters"
  topic: keywords
subject: "overlords"
  topic: keywords
subject: "goats"
  topic: keywords
subject: "devils"
  topic: keywords
subject: "roosters
  topic: keywords
subject: "depraved"
  topic: keywords
subject: "thief in law"
  topic: keywords
subject: "criminal laws"
  topic: keywords
subject: "criminal ideology"
  topic: keywords
subject: "criminal life"
  topic: keywords
subject: "criminal society"
  topic: keywords
subject: "cash box of the criminal world"
  topic: keywords
subject: metalanguage of the criminal world: slang, tattoo, card gambling,
  topic: keywords
subject: "criminal authority"
  topic: keywords
subject: prison hierarchy
  topic: keywords
subject: main determinant of penitentiary crime
  topic: keywords
subject: pre-criminal situation
  topic: keywords
creator: Harutyun Khachikyan
rights: Copyright (c) 2025 Harutyun Khachikyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 89
ending page: 103
doi: 10.46991/SL/2025.100.089

PROBLEMS OF SUBJECTIVE PRECONDITIONS FOR THE IMPLEMENTATION OF THE RIGHT TO APPEAL TO COURT (INITIATE A CLAIM) IN CIVIL PROCEEDINGS
type: item
description: In this article, the author has analyzed the issues related to the legality of the exercise of the right to appeal to court by interested persons. As a result of the study of legal literature, case law of the European Court, and the best practices of countries with Anglo-Saxon and Romance and Germanic legal systems, it was found that modern legal regulations on civil procedure, as a rule, provide for mechanisms that exclude the possibility of appeal to court by non-interested persons, which are absent in the legal system of the Republic of Armenia. The author has found that the implementation of the Convention standards for the effective protection of subjective rights and the need for the legitimate exercise of the right to apply to court require the introduction of civil procedural mechanisms and legal remedies in the RA legal system that exclude the examination of claims submitted by non-interested persons, such as the provision in the RA Civil Procedure Code of legal regulations to refuse to accept a claim on this basis and terminate the proceedings, as well as the application of judicial sanctions and the establishment of a disproportionate burden for the distribution of judicial costs.
subject: PROCEDURAL LAW
  topic: section
subject: interested party
  topic: keywords
subject: applying to court
  topic: keywords
subject: refusing to accept a claim
  topic: keywords
subject: sanction
  topic: keywords
subject: legal remedy
  topic: keywords
subject: abuse of rights
  topic: keywords
subject: compensation for damage
  topic: keywords
subject: disproportionate burden
  topic: keywords
creator: Vahe Hovhannisyan
rights: Copyright (c) 2025 Vahe Hovhannisyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 50
ending page: 60
doi: 10.46991/SL/2025.100.050

REASONABLE TIME AS A PRINCIPLE OF CRIMINAL PROCEDURE
type: item
description: This article is devoted to several issues of theoretical and practical application of the principle of “Reasonable Time of Criminal Proceedings”. The mentioned principle was enshrined in the current Code of Criminal Procedure for the first time and has not yet been sufficiently studied in the domestic procedural literature. In addition, in practice, it is often violated due to objective or subjective factors, which naturally gives rise to serious concern. Today, there are numerous cases when judges are subject to disciplinary liability for the fact of violation of a reasonable time in the proceedings they are examining. It is worth noting that the public is quite negatively disposed towards cases of prolonged examination of criminal cases. The fact that the prolonged examination of criminal cases leads to the expiration of the statute of limitations for bringing a person to criminal liability provided for by the Criminal Code, as a result of which persons who have committed a crime are released from criminal liability, is even more unacceptable. This circumstance belittles the role of justice among the public. Of course, there are also problems that are objective obstacles to the implementation of criminal proceedings within a reasonable time. In particular, the lack of deadlines for conducting preliminary investigations before initiating criminal prosecution, the lengthy implementation of expert examinations, as well as the failure of participants in the proceedings to appear at the trial are problematic. Therefore, it is important to provide guarantees that should ensure the possibility of conducting proceedings within a reasonable time.
subject: PROCEDURAL LAW
  topic: section
subject: criminal proceedings
  topic: keywords
subject: principles of criminal proceedings
  topic: keywords
subject: criminal prosecution
  topic: keywords
subject: pre-trial proceedings
  topic: keywords
subject: trial
  topic: keywords
subject: reasonable time
  topic: keywords
subject: criteria for a reasonable time
  topic: keywords
subject: violation of a reasonable time
  topic: keywords
creator: Samvel Dilbandyan
rights: Copyright (c) 2025 Samvel Dilbandyan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-02
publication date: 2025-07-02
starting page: 61
ending page: 71
doi: 10.46991/SL/2025.100.061

SOME LEGAL ISSUES OF HUMAN GENE MODIFICATION
type: item
description: Along with several positive results, the development of genetic engineering raises many legal and ethical questions among lawyers, scientists conducting research in the field of genetic engineering, and the general public, and the lack of a clear legal position on them indicates that modern law is not ready for the changes being implemented. Due to the complexity of the problem, there are currently no clear and universal legal approaches regarding the limits and possibilities of human gene interventions. The debate over human genetic modification centers on one certain question: whether the intentional modification of human genes is considered a morally and legally prohibited intervention in human life. In this case, the boundaries of permissible and prohibited interventions are highly controversial, and it is not clear what principles we should use to determine when acceptable interventions are carried out and when these boundaries are crossed. This work aims to analyze the types of genetic interventions aimed at changing human genes and their possible impact on human rights to outline the permissible limits of interventions within which the rights of current and future generations will be ensured. Based on the study of international and domestic experience, we have presented the types of genetic interventions in the work, specified their consequences and singled out only those interventions that are acceptable for us. We have discussed the possible impact of interventions on human reproductive cells on the scope of rights and opportunities of the future generation and defined certain principles of balancing the rights and interests of parents and future children in this area.
subject: THEORY OF STATE AND LAW
  topic: section
subject: genetic engineering
  topic: keywords
subject: gene therapy
  topic: keywords
subject: genetic enhancement
  topic: keywords
subject: prevention
  topic: keywords
subject: somatic cell editing
  topic: keywords
subject: germline genome editing
  topic: keywords
subject: best interest of the child
  topic: keywords
subject: human genome editing
  topic: keywords
creator: Svetlana Kirakosyan
rights: Copyright (c) 2025 State and Law https://creativecommons.org/licenses/by-nc/4.0/
date: 2025-02-25
publication date: 2025-02-25
starting page: 5
ending page: 19
doi: 10.46991/SL/2024.99.005

PRELIMINARY HEARINGS IN THE CRIMINAL PROCEDURE OF THE REPUBLIC OF ARMENIA: IMPORTANCE, CHALLENGES, AND PROSPECTS FOR REFORM
type: item
description: Criminal justice encompasses a multifaceted system of procedures aimed at safeguarding individual rights, maintaining procedural standards, and upholding justice. The introduction of preliminary hearings into Armenian criminal procedure marks a significant transformation in the legal landscape. These recent legislative changes are designed to streamline judicial processes, enhance the efficiency of case management, and promote fairness and transparency in court proceedings. By incorporating preliminary hearings, the Armenian legal system seeks to reduce delays and procedural bottlenecks, ensuring that cases progress more swiftly while upholding the principles of justice. This shift reflects a broader commitment to reform and the modernization of criminal justice practices to align with international standards. Overall, the preliminary hearing mechanism stands as a testament to Armenia’s dedication to reinforcing its legal framework and fostering trust in the judiciary through improved procedural integrity and equitable outcomes.
subject: JUDICALAL LAW
  topic: section
subject: Criminal justice
  topic: keywords
subject: procedural standards
  topic: keywords
subject: preliminary hearings
  topic: keywords
subject: procedural integrity
  topic: keywords
subject: enhanced efficiency of criminal justice
  topic: keywords
subject: criminal-procedural legal framework
  topic: keywords
subject: principle of adversarial proceeding
  topic: keywords
creator: Lusine Hovhannisyan
rights: Copyright (c) 2025 State and Law https://creativecommons.org/licenses/by-nc/4.0/
date: 2025-02-25
publication date: 2025-02-25
starting page: 144
ending page: 151
doi: 10.46991/SL/2024.99.144

THE SCOPE OF DATA CONSIDERED AS MEDICAL CONFIDENTIALITY AND BASIC REQUIREMENTS FOR PATIENT CONSENT TO MEDICAL INTERVENTION
type: item
description: This article examines the legal definition of the term "medical confidentiality" and identifies the key scope of information considered as medical confidentiality. It argues that medical confidentiality encompasses not only data about a person’s health status but also information related to seeking and receiving medical care, which may include personal and private life details. Health-related data involves all information regarding the patient’s past, present, or future physical or mental health condition. Additionally, data obtained during the process of seeking or receiving medical care can cover a wide range, including the patient's personal, family, professional, economic, and financial circumstances, as well as relationships with other individuals. The article also outlines the main conditions for the lawful transfer of data considered as medical confidentiality. In terms of patient consent three prerequisites are identified for determining the presence of informed consent for medical intervention: competence, the availability of necessary information, and voluntariness. Each of these components is thoroughly analyzed within the article.
subject: PRIVATE LAW
  topic: section
subject: medical confidentiality
  topic: keywords
subject: health
  topic: keywords
subject: personal data
  topic: keywords
subject: informed consent
  topic: keywords
subject: responsibilities of medical personnel
  topic: keywords
subject: patient rights
  topic: keywords
subject: right to respect for private and family life.
  topic: keywords
creator: Shushanik Ghukasyan
creator: Izabel Abgaryan
rights: Copyright (c) 2025 State and Law https://creativecommons.org/licenses/by-nc/4.0/
date: 2025-02-25
publication date: 2025-02-25
starting page: 64
ending page: 72
doi: 10.46991/SL/2024.99.064

INTERNATIONAL MECHANISMS FOR THE ENFORCEMENT OF JUDGEMENTS OF THE INTERNATIONAL COURT OF JUSTICE
type: item
description: The authority and competence of the International Court of Justice has been the subject of considerable debate in recent years, in particular on the effectiveness of the Court in enforcing its judgements. The lack of clear mechanisms for enforcing the judgements of the International Court of Justice has led to a crisis in their enforcement. Taking into account the above, the aim of this article is to investigate the international enforcement mechanisms of the International Court of Justice, through which comprehencively have been analysed Article 94 of the United Nations Charter, as well as the competence of the General Assembly and the Secretary-General with regard to enforcement as alternative international mechanisms. Perhaps an international mechanism for the enforcement of ICJ judgements is provided for in Article 94 of the UN Charter, but based on the wording of the said Article, it cannot be argued that only the UN Security Council has the exclusive power to enforce an ICJ judgement. According to the UN Charter, in order to enforce the judgement of the International Court of Justice, the General Assembly may establish a subsidiary body, as well as adopt resolutions aimed at implementing the judgements of the International Court of Justice. In addition, the UN Secretary General is also obliged to enforce the judgement under Articles 98 and 99 of the UN Charter. The latter is authorised to bring to the attention of the Security Council any matter which, in his opinion, may threaten international peace and security. The role of the secretary-general should not be overlooked when it comes to the enforcement of judgements of the International Court of Justice.
subject: INTERNATIONAL LAW
  topic: section
subject: International Court of Justice
  topic: keywords
subject: Security Council
  topic: keywords
subject: General Assembly
  topic: keywords
subject: UN Charter
  topic: keywords
subject: judgement
  topic: keywords
subject: UN Secretary-General
  topic: keywords
subject: discretionary powers
  topic: keywords
creator: Roza Arakelyan
rights: Copyright (c) 2025 State and Law https://creativecommons.org/licenses/by-nc/4.0/
date: 2025-02-25
publication date: 2025-02-25
starting page: 192
ending page: 204
doi: 10.46991/SL/2024.99.192