Petut'yun ev iravunk'
P-ISSN: 1829-023X
E-ISSN: 2738-2508
Vol. 93 No. 2 (2022): State and Law
Articles
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Articles
ON THE ESSENCE OF THE LEGAL PRESUMPTION
AbstractIn the framework of this article, the author has discussed some methodological issues regarding the essence of the legal presumption. In particular, a range of these issues, methodological approaches to them that exist in the legal doctrine were presented. Certain situations have been considered in the form of examples, in the context of which it has been argued that the existing approaches in the legal doctrine do not allow to reveal the essence of the legal presumption.
Then the author presented his theoretical-methodological vision for solving the isolated issues. In this context, he discussed the essence of the legal presumption, answered the question what the presumption is in legal terms, what does it allow to do within the framework of legal regulation, how does it relate to the forms (reasoning/judgment) of logical thinking.
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Articles
CONTEMPORARY TRENDS IN LEGAL CONVERGENCE
AbstractConvergence is one of the concepts of Western social science, which considers the tendency towards convergence of socio-political systems, overcoming economic, political and ideological differences between capitalism and socialism, with the goal of their further merging, to be a decisive feature of social development.
The current stage in the development of legal knowledge suggests that many features of the development of legal systems cannot be adequately explained without introducing the concept of legal expansion, which is new for legal science.
The means of legal convergence are expressed external legal and non-legal phenomena, through which the process of legal convergence is carried out, the achievement of convergence of law is ensured.
In general, we can conclude that the forms of legal convergence and means are one of the central elements of the mechanism of legal convergence, the separation of means is expressed in the processes of legal convergence not only with the help of legal phenomena, but also with the help of non-legal (political, economic, etc.) ) phenomena and finally the observable elements are closely related to each other, interact with each other, for example, one of the forms of state activity through which legal convergence is carried out is legislative activity, i.e. legislative activity is at the same time a means of legal convergence, a guiding principle, expressing the essence of legal convergence.
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Articles
RELATIONSHIP OF ADMINISTRATIVE LAW AND THE LAW REGULATING ADMINISTRATIVE PROCEEDINGS
AbstractIn this scientific article, the author analyzed the correlation of substantive and procedural rights in the context of administrative law.
As a result, the author came to reasonable conclusions that Administrative law includes both substantive and procedural law, but in administrative law, procedural and legal norms and the relations regulated by them, as proper legal processes, are predominant and primary, as a guarantee of the protection of the right, which expresses the main feature of administrative law. Administrative proceedings, unlike other forms of administration, are subject to more stringent regulation, which is expressed in its structural and procedural aspects. The law regulating administrative proceedings expresses specificity with its strict regulation, which is expressed in the structural and procedural aspect.
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Articles
TOPICAL ISSUES OF ASSESSING THE PROPORTIONALITY OF ADMINISTRATION IN THE CONTEXT OF ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW
AbstractThe work is devoted to the study of topical issues of assessing the proportionality of administration in the context of administrative appeal and judicial review. The functional aspect of the separation of powers requires that, when considering the proportionality of the exercise of administrative discretion, the court should not assume the functions of an administrative body, and its assessments should not interfere with the discretionary powers of an administrative body in unnecessary way, thereby eliminating the necessary boundary between justice and executive power. In this regard, it was justified in the work that when determining the proportionality of administration, the court should try to refrain from situations of unintentional replacement of an administrative body, which can be defined as reasonable respect for the independence of administrative bodies. At the same time, as a result of a comprehensive study of the concept of judicial respect, the circumstances that determine the degree of its manifestation were also presented.
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Articles
PUBLIC POLICY EXCEPTION AS GROUND FOR EXCLUDING THE RECOGNITION AND ENFORCEMENT OF ARBITRATION AWARD IN THE LEGAL SYSTEM OF THE REPUBLIC OF ARMENIA
AbstractPublic policy exception, which is ground for excluding the recognition and enforcement of arbitration award is considered means of state judicial control and element of judicial sovereignty of the state. There is no precise definition of the concept of “public policy” and precise legal content of the public policy exception, however, these issues are subject to wide discussions on practical level and in the legal doctrine. Public policy exception is often interpreted as contradiction with the domestic public policy, which includes but is not limited to general principles of law (domestic public policy). In the framework of cases on recognition and enforcement of arbitration awards the courts of the Republic of Armenia are obliged to check ex officio if the enforcement of arbitral award would violate the public policy of the Republic of Armenia, as well as to refuse the recognition and enforcement of the arbitration award in case of such violation. And according to the approach undertaken by the Republic of Armenia public policy is considered domestic public policy, the legal content of which is still to be defined by the courts of the Republic of Armenia on case by case basis taking into account all circumstances of the given case.
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Articles
INSTITUTE OF DISSENTING OPINION IN CIVIL AND ADMINISTRATIVE JUSTICE
AbstractIn the article, the author analyzed the institute of dissenting opinion in civil and administrative justice. The author, in particular, studied the significance and consequences of a dissenting opinion in the process of justice, made the subject of discussion the scope of judicial acts in connection with which a dissenting opinion can be submitted, and also touched upon such theoretical and practical issues as the nature of a dissenting opinion as a procedural document, the need and time of its publication, requirements for the content of a dissenting opinion.
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Articles
THE PROBLEMS TO PROVIDE THE PRINCIPLE OF SAVING THE BEST INTEREST OF CHILD BY COURTS IN THE REPUBLIC OF ARMENIA
AbstractThe main purpose of foreign courts is to ensure that the best interests of the child are exercised, interpreted, and investigated in the best interests of the child. The best interests of children are ignored by the courts, so the main purpose of the study is to identify the reasons for it, to ensure the detection of such violations by the state, to give them a legal assessment.
This article covers the case law of the European Court of Human Rights, which analyzes the concept of "best interests of the child" as a substantive law, a procedural law, a procedural principle, and a procedural rule.
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SOME CONTEMPORARY ISSUES OF THE CONCEPT OF DAMAGE
AbstractThe institution of compensation is of vital importance in the field of human rights protection. Damage is the basic concept of the institution of compensation, since, on the one hand, it is an indispensable condition for the emergence of these legal relations, and on the other hand, it allows you to differentiate legal relations from other legal relations aimed at restoring the rights of the impaired party.
Damage is usually defined as restriction of property or personal benefit. Accordingly, two types of damage are differentiated - material and non-material, which are equally subject to compensation by the entities responsible for its compensation.
Summarizing the conclusions made in the work, it can be stated that any violation of a subjective right causes damage, each right is subject to separate protection, and the damage caused by the violation of the right, including mental anguish, is subject to compensation.
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THE DEFINITION OF THE PERFORMANCES AND PERFORMERS
AbstractThe article is dedicated to the definition of the performances and performers. It starts the discussion by exploring the definition of the performers and performances stipulated in the international treaties. Then it studies the main features of the performances, which are the foundation for the legal protection of performers and performances. Summing up all the features of performances, the article provides the definition of performers and performances.
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Articles
SOME ISSUES OF GOVERNANCE OF JOINT STOCK COMPANIES
AbstractThe subject of discussion in the article is the practical tasks identified as a result of a systematic study and analysis of the ordinary activities of the general meeting - the highest body of corporate governance in the Republic of Armenia, as well as proposals aimed at solving existing problems.
In particular, the practical problems that arose as a result of the failure to hold the annual meeting within the specified period were presented, and the need to introduce legislative changes aimed at solving them was justified.
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Articles
COMPETITION OF CRIMINAL LAW NORMS UNDER THE NEW RA CRIMINAL CODE
AbstractThe commission of several crimes by one person requires a special approach by the government. The need to counteract such criminal manifestations determines the scientific and practical development of the competition of criminal law norms. The competition of criminal law norms can take place at the stage of various criminal law relations, and only their legal assessment can have an accurate qualification and disclosure of a criminal act or acts. An innovation in this respect is the consolidation of this institution and the definition of this concept in the new Criminal Code of the Republic of Armenia. The author first refers to the substantive diversity of the competition of norms, and then offers their appropriate qualification. The author greatly appreciates the legislative provisions on the competition of criminal law norms, stipulated in the separate part of the new Criminal Code of the Republic of Armenia, noting that these provisions can contribute to solving problems that arise in practice.
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