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.
RUSSIAN CRIMINAL PROCEEDINGS: PROCEDURAL FORM VS RULESOF PROCEDURAL RECORD KEEPING
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.
Copyright (c) 2025 S. B. Rossinsky Rossinsky https://creativecommons.org/licenses/by-nc/4.0
CORRELATION OF CRIMINAL PROSECUTION AND PROTECTION OF THE RIGHTS AND FREEDOMS OF THE ACCUSED
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.
protection of the rights and freedoms of the accused
Copyright (c) 2025 Nikolay Stoyko https://creativecommons.org/licenses/by-nc/4.0
PRACTICAL ISSUES IN THE APPLICATION OF THE PROCEDURAL INSTITUTION OF PRELIMINARY COURT HEARINGS
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.
Copyright (c) 2025 Davit Melkonyan https://creativecommons.org/licenses/by-nc/4.0
THE CONCEPT AND THE FUNDAMENTAL GUARANTEES OF LEGALITY OF SECRET INVESTIGATIVE ACTIONS
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 activity carried out by law enforcement agencies within the scope of the functions assigned to them by law, are subject to implementation in accordance with the nature of that activity, its purpose and the legality conditions set by the legislation, always guaranteeing a fair balance between the public interest and the rights of the individual.
Copyright (c) 2025 Vahe Engibaryan https://creativecommons.org/licenses/by-nc/4.0
SOME FUNDAMENTAL ISSUES REGARDING JUDICIAL APPEALS OF PRE-JUDICIAL ACTS BY PUBLIC PARTICIPANTS IN CRIMINAL PROCEEDINGS
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.
Copyright (c) 2025 Samvel Dilbandyan https://creativecommons.org/licenses/by-nc/4.0
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
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.
Prosecutor, Head of the Investigative Body
organizing the preliminary investigation
Copyright (c) 2025 Gevorg Baghdasaryan https://creativecommons.org/licenses/by-nc/4.0
THE PURPOSES AND CHALLENGES OF SUPPLEMENTARY HEARINGS IN THE CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ARMENIA
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.
balancing of public and private interests
Copyright (c) 2025 Gagik Ghazinyan, Lusine Hovhannisyan https://creativecommons.org/licenses/by-nc/4.0
THE ISSUE OF THE COURT'S COMPETENCE TO RELEASE FROM CRIMINAL LIABILITY ON THE BASIS OF ACTIVE REPENTANCE
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”․
Copyright (c) 2025 Armen Hovhannisyan https://creativecommons.org/licenses/by-nc/4.0
SAME GENUS, DIFFERENT INTENT: DISTINGUISHING PERSECUTION AS A CRIME AGAINST HUMANITY FROM GENOCIDE
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.
Copyright (c) 2025 Pablo Gavira Díaz, Gurgen Petrossian https://creativecommons.org/licenses/by-nc/4.0
CERTAIN ISSUES OF THE APPLICATION OF IMPERATIVENORMS IN THE LAW ENFORCEMENT PRACTICEOF THE REPUBLIC OF ARMENIA
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.
Copyright (c) 2025 Armen Haykyants https://creativecommons.org/licenses/by-nc/4.0
PREREQUISITES FOR EFFECTIVE DEFENSE IMPLEMENTATION DURING THE TRIAL PHASE
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.
equality of arms; procedural guarantees.
MODERN CONCEPT OF OFFICIALITY (PUBLICITY) OF CRIMINAL PROCEEDINGS AND DEVELOPMENT TENDENCIES
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 public action.
METHODOLOGICAL ASPECTS OF OVERCOMING THE CRISIS OF ARMENIAN STATEHOOD
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.
Copyright (c) 2025 Vardan Ayvazyan https://creativecommons.org/licenses/by-nc/4.0
THE LEGAL VALUE OF SYSTEMATIZATION IN THE CONTEXT OF E-GOVERNANCE
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.
Copyright (c) 2025 Gevorg Danielyan https://creativecommons.org/licenses/by-nc/4.0
“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.
metalanguage of the criminal world: slang, tattoo, card gambling,
Copyright (c) 2025 Harutyun Khachikyan https://creativecommons.org/licenses/by-nc/4.0
PROBLEMS OF SUBJECTIVE PRECONDITIONS FOR THE IMPLEMENTATION OF THE RIGHT TO APPEAL TO COURT (INITIATE A CLAIM) IN CIVIL PROCEEDINGS
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.
Copyright (c) 2025 Vahe Hovhannisyan https://creativecommons.org/licenses/by-nc/4.0
REASONABLE TIME AS A PRINCIPLE OF CRIMINAL PROCEDURE
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.
SOME LEGAL ISSUES OF HUMAN GENE MODIFICATION
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.
Copyright (c) 2025 State and Law https://creativecommons.org/licenses/by-nc/4.0/
PRELIMINARY HEARINGS IN THE CRIMINAL PROCEDURE OF THE REPUBLIC OF ARMENIA: IMPORTANCE, CHALLENGES, AND PROSPECTS FOR REFORM
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.
THE SCOPE OF DATA CONSIDERED AS MEDICAL CONFIDENTIALITY AND BASIC REQUIREMENTS FOR PATIENT CONSENT TO MEDICAL INTERVENTION
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.
right to respect for private and family life.
INTERNATIONAL MECHANISMS FOR THE ENFORCEMENT OF JUDGEMENTS OF THE INTERNATIONAL COURT OF JUSTICE
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.
THE CONCEPT OF CRIMINAL LAW PROVISION OF OPERATIONAL-SEARCH ACTIVITIES AND A BRIEF DESCRIPTION OF ITS DIRECTIONS
The aim of this article is to explore the concept and briefly characterize the directions of criminal-legal provision for operational-search activities. Studying operational-search activities solely from an investigative or criminal procedural perspective is insufficient, as several issues related to these activities require regulation under criminal law. These issues include, in particular, the criminal-legal response to cases where individuals conducting operational-search activities cause harm to legally protected interests, the problem of entrapment during operational-search measures, criminal liability of the provocateur and the individual who committed a crime as a result of provocation, as well as the legal modeling (refinement and/or development) of criminal offenses aimed at ensuring the effectiveness of operational-search activities. Based on the results of the conducted research, the Article develops the concept of criminal-legal provision of operational-search activities. Criminal-legal provision of operational-search activities is the process and outcome of legal regulation aimed at ensuring the effectiveness of operational-search activities and safeguarding them from internal and external destabilizing interference. It also encompasses the application of criminal-legal norms regulating the public relations that arise during the activities of individuals conducting operational-search activities within the scope of their powers. From the proposed definition, it follows that criminal-legal provision of operational-search activities has both regulatory and protective directions, in accordance with the issues, methods, and means of criminal legislation. These directions are interconnected and complementary mechanisms. The first direction—regulatory—should primarily be expressed through the development of a norm that excludes criminal liability in cases where individuals conducting operational-search activities lawfully cause harm to legally protected interests. The second direction—protective—should manifest itself in the refinement or development of the criminal structures in the Special Part of the Criminal Code.
means of criminal-legal provision for operational-search activities
General and Special Parts of the Criminal Code
regulatory and protective directions of criminal-legal provision for operational-search activities
THE PRINCIPLE OF GOOD FAITH IN CORPORATE LEGAL RELATIONS
Good faith in corporate legal relations is a fundamental principle that ensures transparency and fairness in the process of effective realization of the corporation's interests. This principle is important not only for legal relations, but also for the protection of the corporation's interests. Good faith in the corporate world includes various components: honesty, responsibility, equality and the rule of law, and the concept of good faith in corporate activities is not limited only to following laws and rules, but is also aimed at preserving corporate culture and corporate interests. By maintaining good faith, companies can avoid abuse, fraud and illegal activities. Good faith also ensures the moral authority of the organization and brings about reforms in its work. The need to give a correct legal assessment of the behavior of entities acting in corporate legal relations has become more urgent than ever, which is currently due to the rapid development of the corporate governance culture and current trends in the development of global economic relations. Moreover, the analysis of judicial practice also indicates the need to give a correct legal qualification to corporate disputes, including unscrupulous behavior by corporate management bodies.
THIRD PARTY AND BONA FIDE SPOUSE RIGHTS WHEN CONCLUSION OF MARRIAGE CONTRACTS IN UZBEKISTAN AND ARMENIA
In the modern world, in parallel with the quantitative growth of marriage contracts, the risks of violating the rights of creditors, heirs, and a bona fide spouse through the conclusion of marriage contracts increases. Often, the parties conclude a marriage contract with the aim of harming the rights of third parties who are not parties to the contract, avoiding the fulfillment of existing obligations towards them. Failure by one of the spouses to notify his or her creditors of the conclusion, amendment or termination of a marriage contract may result in a violation of the rights of the other spouse. In addition, due to the absence of state registers of marriage contracts in the Republics of Uzbekistan and Armenia, there is no unified information base on the property status of spouses, which, in our opinion, very often causes the emergence of disputable situations. The purpose of the research is to study the guarantees for the protection of the rights of third parties who are not parties to the marriage contract, as well as the bona fide spouse, to identify and develop additional mechanisms, and to present relevant recommendations. As a result of a comprehensive study of the legislation, notarial and judicial practice of the Republics of Uzbekistan and Armenia, the authors managed to develop and propose guarantee solutions for the protection of rights, which can be of practical importance for notaries certifying marriage contracts, as well as serve as a basis for the future creation of registers of marriage contracts in the Republics of Armenia and Uzbekistan.
third party not party to the marriage contract
LIMITS OF PARTICIPATION OF PARENTS AND OTHER PERSONS IN THE PROCESS OF RECEIVING MEDICAL CARE AND SERVICE FOR A CHILD
Children are rights holders with a progressively evolving ability to make their own decisions. They have the right to express their views on all matters that affect them, namely in the field of health care, and to have their view properly taken into account. Children who actively participate in individual decision-making processes concerning them are likely to be more informed, to feel better prepared, to experience less anxiety about the unknown and to feel a sense of control, resulting in increased cooperation, better adjustment and adherence to treatment. In this context, parents (legal representatives) and healthcare professionals involved need to understand the importance of their role in supporting children in this process. Parents (legal representatives) should support and guide children to understand the need to seek medical care and services and to intervene in the process in accordance with the child's age, maturity and evolving capabilities. The role of medical workers in this matter is more comprehensive, because they are obliged to ensure the awareness of parents (legal representatives) and children in this matter and to contribute to its implementation. Other persons may be involved in the process of receiving medical care the child with the direct knowledge and consent of the parents (legal representatives) and the medical professional.
the child’s right to receive information
DEVELOPMENT TRENDS OF PUBLIC POLICY EXCEPTION IN ARMENIA. AN OVERVIEW IN THE CONTEXT OF POST-SOVIET COUNTRIES
The public policy exception is one of the most important mechanisms of Private International Law that limits the application of the rules of foreign law which are chosen on the basis of conflict of laws principles, if such application may be contrary to the fundamentals of the legal order (public policy) of the Republic of Armenia. It is preferable to study the development tendencies of this mechanism, especially in the context of the Post-Soviet Countries, since its development in Armenia as a general legal concept actually began in the 1960s, when the reforms of the civil legislation of the USSR and Soviet States had launched. Hence, within the framework of this work, a legal comparative analysis of the legislation of Armenia and the majority of Post-Soviet Countries is conducted, judicial practice is discussed and on the basis of mentioned directions for the development of the public policy clause in Armenia are determined.
RELATIONSHIP OF THE NATIONAL ASSEMBLY WITH THE EXECUTIVE AND JUDICIAL POWERS
This article talks about the relationship of the National Assembly with the executive and judicial powers. The author came to the conclusion that under the parliamentary model, the functions performed by the state authorities are actually not equal in nature and differ from each other in legal force and content, that is, the activities of the legislative branch are of a legislative nature, and the judicial and executive authorities are of a sub-legislative nature. The article also emphasizes the idea that the legislative branch has so-called “functional superiority” over other branches of government, which in itself should not be considered as a violation of the constitutional balance between the legislative, executive and judicial branches of government. Because the essence of the principle of separation and balancing of powers is not to preserve equal functions for the branches of government, which, due to the nature of the functions of the branches of government, are no longer equal, but to ensure the necessary and sufficient powers of each branch of government.Addressing the issue that one of the central issues in the relationship between the branches of legislative and executive power is parliamentary control over the executive power, and emphasizing that in such conditions it is necessary to ensure effective mechanisms to curb the dominance of the executive power (Prime Minister) becomes of key importance, the author as a political guarantee of the implementation of high-quality control in relation to the executive branch, it takes into account the presence of a strong parliamentary opposition, because the main criterion for creating an opposition is not power, law, but the limitation of power by law.
ISSUES OF QUALITATIVE EXCESS OF ACCOMPLICES ACCORDING THE CRIMINAL CODE OF THE REPUBLIC OF ARMENIA
In criminal law theory, there are two types of excess: quantitative and qualitative. Qualitative excess occurs when the perpetrator commits a crime that is entirely different in nature from the planned crime or engages in a crime other than what was stipulated. The Criminal Code of the Republic of Armenia differentiates between quantitative and qualitative excess by establishing specific rules for criminal liability. However, we believe the Criminal Code should explicitly state that if the perpetrator commits a crime different from the initial arrangement, the other accomplices must be held accountable for their complicity in the crime involved in their intent. Furthermore, in cases where the perpetrator commits a less dangerous crime instead of the agreed-upon offense—either by damaging the intended object or by causing harm to a different object—these scenarios should not be classified as excess. Instead, they fall under the concept of "failed complicity," which is already addressed in the existing regulations of the Criminal Code. Thus, we argue that part 4 of Article 49 of the Criminal Code of the Republic of Armenia unnecessarily complicates the Code, as the provisions for criminal responsibility related to unsuccessful conspiracies are already adequate for assessing these cases.
SOME KEY ISSUES OF THE CONCEPT OF A GROUP WITH A CRIMINAL SUBCULTURE (THIEVES' WORLD) AND THE CRIMINALISATION OF CREATION OF THE THIEVES' WORLD
We believe that the legislator, by providing for Article 323 of the Criminal Code of the Republic of Armenia, intended to intensify the criminal-legal fight against representatives of the leadership of the thieves' world. However, some of the approaches adopted by the legislator are problematic and do not contribute to increasing the effectiveness of the criminal-legal fight against the representatives of the leadership of the thieves' world. In this context, the aim of the paper is, as a result of a systematic study and analysis of the concept of a group with a criminal subculture (thieves‘ world), and legal regulation providing for criminal liability for its creation, to clarify the concept of thieves’ world by proposing its edited version, and to determine the need to establish criminal liability for its creation. As a result, we have come to the conclusion that a thieves’ world is an association of persons endowed with criminal hierarchy and interpersonal hierarchical relations, which operates according to the rules of conduct based on the thieves’ code and whose purpose is to commit a crime or solve disputes (problems) related to public or private affairs or to obtain an illegal benefit or other advantage through influence in the thieves' world or through violence, threats of violence, blackmail, coercion or other illegal actions. In addition, we concluded that there is no need to criminalise the creation of the thieves’ world.
representatives of the leadership of the thieves’ world
creation of a group with criminal subculture
BANKRUPTCY LAW AS A STRUCTURAL ELEMENT OF THE LEGAL SYSTEM
There is no unified approach to bankruptcy law as a structural element of the legal system, both in legal theory and in practice. In RA, there are no scientific researches in connection with the above-mentioned problem, so the aim of the work is to first of all give the substantive and theoretical characteristics of bankruptcy law, and then to try to clarify its place and role in the RA legal system. According to the authors, bankruptcy law is a complex, multi-layered and complex structural element of the legal system, which is not completely characterized by any of the structural elements of the legal system already known to legal theory. Therefore, it is proposed to introduce a new category defining the structural elements of the bankruptcy law or a similar legal system into the theory, which will fully correspond to their nature. Its implementation will have a significant impact on the development of law in theoretical and practical terms, because the clear definition of the structural element of the legal system and highlighting its relevance helps to avoid problems in legal practice, the formation of unified approaches and creates prospects for development.
a complex structural element of the legal system;
a differentiated form of civil litigation.