Petut'yun ev iravunk'
P-ISSN: 1829-023X
E-ISSN: 2738-2508
Vol. 91 (2021)
Articles
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Articles
SPECIFIC FEATURES OF ARRESTING PROPERTY IN CASES OF CORRUPTION CRIMES
AbstractThe article is dedicated to the seizure of property subject to confiscation during the investigation of corruption crimes. Based on an analysis of international documents, such as the FATF Recommendations, the UN Conventions, and the ECHR judgments, the author concludes that at the initial stage of the investigation of corruption crimes, the amount of seized property may exceed the amount of property mentioned in the indictment, provided there are sufficient grounds that as a result of the investigation, the amount of property subject to confiscation will increase unquestionably.
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Articles
CERTAIN QUESTIONS OF THE PROCEDURE OF CONDITIONAL PUNISHMENT
AbstractThe subject of the article is the research of the issues related to the procedure of conditional punishment. The article discusses the issue of envisaging conditional punishment as a duty of the court. In addition, the article discusses the question of the expediency discussing the issue of conditional punishment when the punishment is replaced by imprisonment. The suggestions directed at improving the legislative regulation of the procedure of conditional punishment are presented by the author. Proposals on the improvement of the new criminal code of the Republic of Armenia were presented in the work.
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Articles
PECULIARITIES OF QUALIFICATIONS OF CRIMES IN CASE OF VALUE-BASED ABDUCTIONS (COMPARATIVE ANALYSIS OF THE ACTING AND NEW RA CRIMINAL CODE)
AbstractThe effectiveness of the fight against crime and the legitimacy of this process depend on the content of the Criminal Code. No one shall be found guilty of a crime and be punished unless it is expressively provided by law (nullum crimen, nulla poena sine lege). The task of the legislature is to define the specific act that is considered a crime and the punishment provided for it in a clear and certain manner, since a person cannot be held liable for an act that does not satisfy the principle of legal certainty. However, in a number of articles of both current and new (signed on May 27, 2021, will enter into force on July 1, 2022) RA Criminal Codes, a large number of evaluative concepts are used. Therefore, within the framework of this work, we studied evaluative concepts (signs) used both in the current and in the new RA Criminal Codes to identify problems arising in the process of their interpretation and qualification of crimes. To ensure the systematization of the analysis, we examined the evaluative concepts of objective and subjective elements of crimes.
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Articles
DIRECT APPLICATION OF THE CONSTITUTIONAL NORM AS A GUARANTEE OF THE PROHIBITION OF ABUSE OF RIGHT
AbstractThe relevance of the article is the development of the institution of abuse of right and the need to choose effective means for protecting rights.
The article presents the institution of abuse of right, in the case of the proper implementation of which the institution having a constitutional basis can itself become a tool for the protection of rights, and especially in cases where the legislative mechanisms for the protection of rights are weak.
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Articles
THE CONCEPT OF THE CHILD'S RESIDENCE
AbstractIn the context of the child's right to free movement, the child's right to a place of residence is exercised, which, as an independent right but an integral part of the right to free movement, needs to be defined and enshrined in law.
A study of domestic legal acts shows that they do not define the concept of a person's place of residence, moreover, there is no definition of "place of residence of a child".
It is not provided by the legislation of the Republic of Armenia, and the study of the case law shows that the phrase "place of residence of the child" is not clearly understood.
This article proposes to make an addition to the RA Law on the Rights of the Child, that is, to supplement Chapter II entitled "Fundamental Rights of the Child - Their Guarantees" with a separate article entitled "Place of residence of the child".
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Articles
LEGAL PROBLEMS OF DETERMINING OF THE TRANSBOUNDARY ATTRIBUTE OF A DISPUTE AS A NECESSARY GROUND FOR THE APPLICATION OF FOREIGN LAW IN PRIVATE INTERNATIONAL LAW
AbstractThis scientific article examines the practical significance and different approaches to dividing private law disputes into internal and cross-border ones. It has been established that the qualification of a dispute as cross-border, that is, having a foreign element in its composition, is a prerequisite for the application of foreign law based on conflict of laws rules or the choice of the parties.
As a result of the study, it was proposed to make amendments to the Civil Code of the Republic of Armenia.
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Articles
SOME FEATURES OF THE TRANSFER OF RIGHTS TO COMMERCIAL SECRETS
AbstractThe article discusses the most common way to dispose commercial secrets - the transfer of commercial secrets and its methods. As the most common method of transferring commercial secrets, the transfer of commercial secrets by means of a contract is discussed in detail.
The nature of the latter is revealed, issues of the relationship between the agreement on the transfer of commercial secrets and the license agreement are discussed and as a result, It is proposed under the agreement on the transfer of commercial secrets in the Civil Code RA to consider a not the licensing agreement, but an agreement that will be devoted to the transfer of commercial secrets and will reflect the essence and characteristics of the latters. It is proposed to call this agreement an agreement on the transfer of commercial secrets.
Taking into account the presented considerations, it is proposed to rewrite and edit the Article 1166 of the Civil Code of RA under the title ´´ The Agreement on the transfer of commercial secrets ´´ with a broad regulation of the latter: the content of the proposed article is also given.
The article also presents the signs and elements of the agreement on the transfer of commercial secrets, as defined by the author, and some other features of the latter.
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Articles
THE PERFORMANCES IN THE SYSTEM OF THE INTELLECTUAL PROPERTY LAW
AbstractThe article studies the role of the performances in the Intellectual Property law system. For decades there has been an ongoing debate on whether the performances should be protected by copyright or related rights. Hence, the article starts the discussion by exploring the criteria for copyright protection. It concludes that the performances have necessary features to be eligible for copyright protection. However, it is preferable to keep the current status quo and protect the performances in the framework of the related rights system considering the unique peculiarities of the performance. Additionally, the article points out the cases when performances can be protected both by the copyright and related rights.
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Articles
INTERRUPTION OF THE RUNNING OF THE LIMITATION PERIOD BY PERFORMING ACTIONS EVIDENCING THE ACKNOWLEDGEMENT OF THE DEBT
AbstractThe current article discusses the issue of interrupting the limitation period by performing actions that confirm the acknowledgement of the debt. The article discusses the main criteria that an action must meet in order to be considered an acknowledgment of debt and the absence of which carries great risks of practical problems. From this point of view, the importance of the certainty and clarity of the recognition of the debt, in particular, of its nature and content, as well as the expression of the will to fulfill the obligation in the future is noted.
In addition, in order to simplify civil circulation, as well as to ensure the protection of the debtor's expectations, it is proposed to introduce regulation, which allows to restart the running of the limitation period by the acknowledgement of the debt even after the expiration of the limitation period.
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Articles
THE OCCURRENCE OF CONFUSION BY THE USE OF TRADEMARKS IN COMPETITION LAW
AbstractThe article is devoted to the study and analysis of the problems of confusion by the use of trademarks as a separate manifestation of unfair competition. The article presents the functions performed by trademarks, highlighting the function of origin as the initial function and thereby determining the need and scope of trademark protection.
Based on theoretical sources, legislation, domestic and foreign judicial practices, the paper reveals and analyzes the conditions for the occurrence of confusion by the use of trademarks in competition law, as well as in the context of the issue under consideration, the features of the legal protection of trademarks are presented.
In the article, the authors present a number of scientific and practical conclusions that can be guidelines for law enforcement practice, as well as be used for further legislative reform of this institution of competition law.
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Articles
CHARACTERISTICS OF THE PRINCIPLE OF EXAMINING THE FACTS OF THE CASE EX OFFICIO
AbstractThe following article is devoted to the principle of examining the facts of the case ex officio, which emphasizes the features of administrative court procedure. Consequently, the active role of the court in administrative procedure when stipulating the principle of examining the facts of the case ex officio is being discussed. Specifically, when resolving the dispute between the participants of public relations the court eliminates the factual inequality between the citizen and the public authority.
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Articles
CERTAIN ISSUES OF INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS IN COMMERCIAL ARBITRATION
AbstractThe article analyzes the manner and characteristics of challenging an arbitrator in the course of arbitral proceedings, as well as explores the possibilities of setting aside the award or refusing its recognition and enforcement for the lack of arbitrator’s independence, impartiality, and/or non-compliance with the qualification requirements agreed to by the disputing parties. It ultimately suggests that in case of justifiable doubts as to the impartiality and independence of an arbitrator or the latter’s non-compliance with the qualification requirements agreed to by the disputing parties, the interested party should raise the issue and remove the arbitrator from the proceeding at the earliest possibility by way of challenging the arbitrator. In the event the arbitration has concluded and an award has been rendered, the interested party should seek to set aside the award. Meanwhile, the high threshold for refusing the recognition and enforcement of an award on the above-mentioned grounds makes the action impracticable.
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Articles
FEATURES OF PETITION FOR TAKING THE MEANS OF SECURING A CLAIM IN CIVIL PROCEDURE
AbstractThis article is devoted to the institution of securing a claim, in particular to the grounds for taking such means. This research is based on analytical and comparative methods. Taking into account the important role and significance of this institution, the purpose of this article is to study in more depth the features of petition for taking the means of securing a claim provided by law. We studied the domestic legislation and theoretical sources, got acquainted with the legislative regulations of other countries and the views of their authors.
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Articles
PROBLEMS OF LEGAL REGULATION OF PLEDGE EXCLUSIVE RIGHTS IN ARMENIA AND SOME PROBLEMS OF LENDING SECURED BY INTELLECTUAL PROPERTY IN THE RUSSIAN FEDERATION залог исключительных прав
AbstractIn the article studied and characterized modern situation with the exception of exceptional powder. Consideration of the possibility and peculiarities of the conclusion of a pledge agreement in Armenia, where the subject of the pledge will be exclusive rights. On the basis of the study, the normative bases act, regularizing the pledge of exceptional rights, incurring some problems of lending under the pledge of exceptional rights to the objects of intellectual property possessed and proposed by the creditors.
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