Petut'yun ev iravunk'
P-ISSN: 1829-023X
E-ISSN: 2738-2508
Vol. 88 (2020): State and Law
Articles
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Articles
LEGAL CONTENT OF AUTHONOMY AND PECULIARITIES OF AUTHONOMOUS BODIES IN THE REPUBLIC OF ARMENIA
AbstractThe article considers issues with regard to autonomous bodies in the Republic of Armenia. A thorough analysis is provided on differentiation of concepts “autonomy” and “independence”, the content of these terms is revealed. The status and peculiarities of autonomous bodies in the Republic of Armenia are presented in the light of the history of development of the latter both in Armenia and in various other states. The guarantees of independence of autonomous bodies are also analyzed in the article.
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Articles
THE DIRECT EFFECT OF THE CONSTITUTION AND THE APPLICATION OF LEGAL NORMS IN THE CONTEXT OF THE SUPREMACY OF THE CONSTITUTION (PART 1)
AbstractTHE DIRECT EFFECT OF THE CONSTITUTION AND THE APPLICATION OF LEGAL NORMS IN THE CONTEXT OF THE SUPREMACY OF THE CONSTITUTION (PART 1)
The Constitution of the Republic of Armenia both in the version of 1995 (Article 6, part 2), as well as in the version of 2005 (Article 6, part 1) provided that the Constitution had a supreme legal force and its norms apply directly. At the same time, the Constitution in the version of 2005 stipulated that the state was restricted by the fundamental human rights as the directly applicable law (Article 3, part 3). Article 5 of the Constitution in the version of 2015 has eliminated the general provision on the direct effect of the whole Constitution (part 1), maintaining it only with respect to fundamental rights and freedoms (Article 3, part 3).
This article analyzes the origin of the concept of "direct effect" of the Constitution, its essence and the need for its pronouncement in the constitution (I). Then the essence and necessity of the constitutional declaration of direct effect of fundamental rights is explained (II). Afterwards, the practical question whether the hierarchy of legal norms is the same as the hierarchy of their application is discussed (III).
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Articles
THE APPLICATION OF LIMITATION PERIODS IN CASE OF SELF-DEFENSE OF RIGHTS
AbstractThe current article discusses the possibility and expediency of applying the limitation periods to such methods of coercive protection of rights as self-defense. The article reveals the uncertainty of the provisions of the civil code in relation to this issue and the associated risks. As a result, in order to fully achieve the purpose of the limitation periods, it is proposed to extend the application of limitation periods to the measures of self-defense, as well as to provide for appropriate mechanisms that will allow the debtor to defend his interests, referring to the limitation periods.
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Articles
LEGAL ISSUES FOR THE PROTECTION OF TRADEMARK'S GOODWILL
AbstractThe article is dedicated to the issue of legal protection of the goodwill of trademark. At present, some trademarks are able to attract consumers with their distinctive character, which is a result not of the origin of the given mark, but of the latter's goodwill. The article deals with the functions of trademarks, especially the advertising function, which provides protection to the goodwill of the trademark. The article discusses all the justifications that underlie the protection of a goodwill of the trademark .
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Articles
THE PROCEDURE FOR LIQUIDATION OF COMPANIES
AbstractThe paper discusses the established legal liquidation procedure for commercial organizations. Basing on the analysis of the legal regulation of liquidation procedure, the author lists its basic shortcomings and makes suggestions to improve certain legal provisions.
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Articles
THE PRINCIPLE OF LEGALITY IN CIVIL PROCEEDINGS
AbstractIn this article, the author examines the features of the manifestation of the principle of legality in civil proceedings. In particular, the author considered this principle of both the organizational-functional and functional principle of civil proceedings. As a result of the study, the author came to the conclusion that the essence of the principle of legality is that justice should be administered by a court created on the basis of the law, and should be conducted in compliance with the requirements of substantive and procedural law by the court and other participants in the trial.
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Articles
TYPES OF CONCILIATION AGREEMENTS IN CIVIL PROCEEDINGS
AbstractIn the framework of the presented work, the judicial-extrajudicial types of conciliation agreement in civil litigation, the ways of their expression, the procedure and peculiarities of the conclusion were studied and discussed. Within the framework of the work, the peculiarities of concluding a conciliation agreement in the enforcement proceedings were also referred to.
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Articles
ON THE PROBLEMS OF THE MODEL OF PRIVATE PROSECUTION PROCEEDINGS EMBEDED IN THE NEW DRAFT OF THE CRIMINAL CODE OF THE REPUBLIC OF ARMENIA
AbstractIn the article the author discusses the model of proceedings in case of private prosecution embedded in the Draft of the new Criminal Procedure Code of the Republic of Armenia. As a result of the study of some regulations of the Draft, the author raises some issues of Draft regulation problems and makes suggestions for their solution.
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Articles
THE ISSUES OF THE CONCEPT AND CRIMINAL LIABILITY OF THE ORGANIZER OF THE CRIME
AbstractThe article discusses the functions of a crime organizer, the nature and content of the actions taken. The author concludes that the separation of the organizer’s institute is not expedient. The organizer either performs the functions of an instigator or a facilitator or combines them. Therefore, in cases where a person carries out the actions of an instigator and a facilitator, when qualifying his action, in addition to reference to Article 38, reference should also be made to part 4 and 5 of that Article. If it unites two or more persons, then, when caught at that moment, the act should be described as a preparation for a deliberate crime, however, when caught during or after the crime, it should be described as an incitement. The mentioned innovations, in the author's opinion, can contribute to the improvement of criminal law theory and practice.
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Articles
FEATURES OF DEVELOPMENT OF THE ADVOCACY INSTITUTE IN THE THIRD REPUBLIC OF ARMENIA
AbstractThe article discusses the development of the advocacy institute in the third Republic of Armenia. The article talks about the achievements in the field of advocacy, about the guarantees and principles prescribed by law and international documents necessary for advocacy.
The article discusses the conditions that are necessary for the effective activities of advocate, the guarantees that are necessary for activities of advocate, arises the existing problems. The article talks about the necessary measures which should be taken by the state to ensure guarantees for the activities of advocate.References -
Articles
PSYCHOLOGICAL WORK WITH CONVICTED PERSONS: PSYCHOTHERAPY OR PSYCHOLOGICAL COUNSULTATION?
AbstractThe psychological work that exists in modern correctional institutions is carried out mainly in the form of psychological counseling, which is often not able to ensure the fulfillment of the tasks of the psychological service to provide a corrective effect on the personality of the convicted person, his behavior and further resocialization. The author tried to reveal the difference between psychotherapeutic and psychological counseling work, showing that in addition to the actual psychological counseling in working with convicts, psychotherapeutic activity is necessary and, consequently, the presence of a psychotherapist on the staff of a correctional institution.
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