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.
THE NEED FOR A DOCTRINE OF JURISDICTION IN CRIMINAL PROCEDURAL SCIENCE (FOR THE POST-SOVIET STATES)
The article presents the author's position on the necessity of further comprehensive study of the institution of jurisdiction in criminal proceedings within the framework of a separate field of research—the doctrine of jurisdiction. It substantiates the need to develop a doctrinally grounded concept of jurisdiction and its types, including the identification, as a separate type of jurisdiction, of the jurisdiction applicable during special periods (jurisdiction under martial law or a state of emergency). The author also argues for recognizing the interbranch nature of jurisdiction, characteristic of civil, commercial (arbitrazh), administrative, and criminal proceedings, as well as the possible necessity of unifying the relevant terminology. Furthermore, the article emphasizes the expediency of scientific and practical research into certain controversial issues, including the scope of the concept of the "prohibition of disputes over jurisdiction," the improvement of the existing procedure for transferring cases according to jurisdiction, and the inclusion of a separate chapter entitled "Jurisdiction" in criminal procedural legislation. Discussions of this kind may prove particularly useful among scholars of the post-Soviet states, which previously existed within a common "procedural space."
Copyright (c) 2026 Dmitry Chekulaev https://creativecommons.org/licenses/by-nc/4.0
REVOCATION OF INTERIM MEASURES IN ARMENIAN ADMINISTRATIVE PROCEEDINGS: DISRUPTED PROCEDURAL BALANCE AND THE MEANS OF RESTORING IT
An interim measure (securing a claim) is a key institution safeguarding the right to effective judicial protection. At the same time, it must not be transformed into a punitive or coercive mechanism that undermines the procedural position of the party against whom it is ordered. It is, therefore, particularly important to determine which procedural instruments can prevent the unlawful imposition of an interim measure in administrative proceedings and, where such measure has already been granted, ensure its revocation, while preserving a fair procedural balance grounded in the principle of equality of arms. Drawing on an analysis of relevant theoretical sources, legislation, and judicial practice, the article examines the development and legal nature of the institution of interim measures, identifies the conditions governing the lawfulness of its application, and considers the revocation of an interim measure as a procedural remedy for overcoming its unlawful imposition. The authors put forward a number of scholarly and practical conclusions that may guide the further development of legislation and law-enforcement practice concerning the institution of interim measures, including its revocation.
Copyright (c) 2026 Tigran Markosyan, Satik Ghimoyan https://creativecommons.org/licenses/by-nc/4.0
LEGAL CHALLENGES OF JUDICIAL REFERRALS TO THE CONSTITUTIONAL COURT IN THE REPUBLIC OF ARMENIA
This article examines legal challenges of judicial referrals to the Constitutional Court in Armenia. The analysis is not confined to procedural conditions, but focuses on public-law significance for the rule of law, constitutional supremacy and the constitutionalization of the legal order. The article argues that ordinary courts are not passive applicators of statutes in a centralized model of constitutional review. When a norm applicable in a concrete case raises a constitutionally reasoned concern, the court becomes the first institution capable of detecting that problem and transferring it to constitutional justice. Particular attention is paid to the standard of “reasonable doubt”, which has acquired a more substantive meaning in the recent procedural decisions of the Constitutional Court. The article uses doctrinal, comparative and statistical methods, including the annual reports of the Constitutional Court for 2006-2025 to assess the dynamics of judicial referrals and their relationship with individual applications. The conclusion is that reasonable doubt must be strict enough to exclude formal or unsubstantiated referrals, not so demanding as to neutralize the constitutional initiative of ordinary courts.
Copyright (c) 2026 Norayr Avagyan https://creativecommons.org/licenses/by-nc/4.0
CONTEMPORARY ISSUES OF THE ILLEGAL CIRCULATION OF HUMAN ORGANS OR OTHER OBJECTS DEEMED EQUIVALENT THERETO UNDER THE CRIMINAL CODE
This article is devoted to a comprehensive study of the issues of criminal-legal regulation of the illegal circulation of human embryos, foetuses, human or cadaver cells, tissues, organs, biological materials, or bodily fluids. The aim of the study is to identify the theoretical and practical issues arising from Article 183 of the Criminal Code of the Republic of Armenia, to assess the compliance of its provisions with contemporary criminal-legal policy and international legal standards, and to propose avenues for legislative improvement. In the course of the study, both general scientific and special research methods were employed, including analysis, synthesis, generalization, comparative legal analysis, logical analysis, systems-structural analysis, and legal modelling. The article comprehensively examines the issues relating to the object, objective side, subject, and subjective side of the corpus delicti, as well as the specific features of the criminal-legal assessment of the illegal circulation of human organs. It is substantiated that the current regulation does not fully reflect the graduated differences in the degree of public danger of the criminal conduct and, in certain cases, is inconsistent with the immediate object of criminal-legal protection. As a result, a new structure of Article 183 of the Criminal Code of the Republic of Armenia is proposed, based on the nature of the subject matter of the offence, the degree of public danger, unlawfulness, and the principle of differentiation of the protected legal interests. The research findings may contribute to the improvement of national criminal legislation, the effective implementation of international obligations undertaken by the Republic of Armenia, and the harmonization of law enforcement practice.
Copyright (c) 2026 Gevorg Barseghyan, Bagration Darbinyan, Anna Margaryan https://creativecommons.org/licenses/by-nc/4.0
THE DOCTRINE OF A STABLE STATE IN THE LIGHT OF CONSTITUTIONAL IMMUNITY
This article is devoted to a comprehensive analysis of the conceptual foundations of the doctrine of resilient statehood and constitutional immunity. It is argued that the effectiveness of the republican form of government is determined not by the formal perfection of the constitutional text, but by the real capacity of the state system for self-regulation, self-restraint, and the reproduction of its institutional identity. The article introduces the concept of the "constitutional republic" as a social immune system, identifies the symptoms of constitutional imbalance — including institutional deformation, the erosion of trust, civic apathy, and the phenomenon of "managed immunodeficiency" — and examines partocracy as a pathological transformation of the republic. Special attention is devoted to the autoimmune effect; whereby protective mechanisms turn against the very foundations of the constitutional order they were designed to safeguard. The article advances a broad, system-functional understanding of constitutional immunity as the capacity of the constitutional order for self-preservation, the restoration of normative equilibrium, and the reproduction of public trust, and demonstrates that the guarantee of constitutional immunity constitutes the necessary and sufficient precondition for ensuring sustainable statehood.
Copyright (c) 2026 Gagik Harutyunyan https://creativecommons.org/licenses/by-nc/4.0
ISSUES OF CLASSIFICATION OF THE TYPES OF ACTIONS IN THE ADMINISTRATIVE PROCEEDINGS OF THE REPUBLIC OF ARMENIA
The correct choice of the type of action in the administrative proceedings of the RA is crucial in the context of the outcome of the case, the distribution of the burden of proof, and the effectiveness of judicial protection. The purpose of this research is to reveal the legal nature of administrative actions and to identify scientific and practical issues by analyzing the peculiarities of administrative actions, studying the claims underlying them, and, accordingly, the main criteria for differentiating these types of actions in the context of existing problems. As a result of the research, conditioned by the significance of the institute of types of actions and their impact on the realization of the right to effective judicial protection, it is proposed: to merge actions for performance and actions for obligation; to interpret the procedural restrictions on filing a declaratory action (action for recognition) through the substantive impossibility of filing another type of action and the ineffectiveness of other types of actions in the context of achieving the goal pursued by the plaintiff; to consider the submission of a claim for compensation for damages caused by improper administration to the court as a derivative claim to the main claim of recognizing the administration as unlawful; as well as to confirm the fact of recognizing an administrative act as void also by a judicial act rendered as a result of the examination of an action for annulment (action for challenging), regardless of the outcome of the examination of the claim. In the context of the above, this research contributes to the clarification of the criteria for differentiating types of actions, as well as to the regulation of existing legislative gaps.
Copyright (c) 2026 Sergey Meghryan, Gohar Avagyan https://creativecommons.org/licenses/by-nc/4.0
CERTAIN OBSERVATIONS REGARDING THE CLASSIFICATION OF CRIMINAL PROCEDURAL SANCTIONS AMONG THE MEANS OF PROCEDURAL COERCION
The article examines the legal nature and classification of criminal procedural sanctions within the system of means of criminal procedural coercion under the Criminal Procedure Code of the Republic of Armenia. It analyses the legislator’s approach of placing all procedural sanctions in the chapter on “Means of Coercion” and compares it with the legislation of continental legal systems (Russian Federation, Italy, Austria, Georgia, Latvia) and the Anglo-American legal system (United States). The study reveals that the uniform treatment of sanctions as coercive measures in Armenian law contradicts both international practice and fundamental theoretical distinctions between means of coercion and sanctions as forms of legal liability. Drawing on doctrinal sources and the jurisprudence of the U.S. Supreme Court (Gompers v. Bucks Stove & Range Co. and International Union v. Bagwell), the author proposes clear criteria for distinguishing between restorative/coercive sanctions and punitive sanctions. The paper concludes with concrete recommendations for legislative reform, suggesting the separation of sanctions constituting legal liability into a distinct chapter, following the Georgian legislative model, in order to strengthen the principles of legality, proportionality, and the authority of the judiciary.
Copyright (c) 2026 Samvel Dilbandyan, Areg Yolchyan https://creativecommons.org/licenses/by-nc/4.0
PROTECTION OF LEGITIMATE EXPECTATIONS IN THE CONTEXT OF REVOCATION OF UNLAWFUL ADMINISTRATIVE ACTS
This article examines the issues related to the annulment of unlawful administrative acts in administrative law, within the context of balancing the protection of legitimate expectations and the principle of legality. The article establishes the main criteria that administrative authorities and courts should follow when deciding on the annulment of unlawful favorable administrative acts, both ex nunc and ex tunc. Specifically, in the case of ex nunc annulment, emphasis is placed on maintaining a proper balance between the protection of legitimate expectations and the principle of legality, the time elapsed between the adoption and annulment of the unlawful favorable administrative act, and the need to establish a transitional period when annulling an unlawful administrative act in order to prevent disproportionate harm to the addressee. When considering the ex tunc annulment of an unlawful favorable administrative act, attention is given to the degree of reliance and engagement of the addressee on the act’s legality, the extent of violation of the principle of legality, the interests of third parties, and the time elapsed between the adoption and annulment of the administrative act.
Copyright (c) 2026 Kristine Aleksanyan https://creativecommons.org/licenses/by-nc/4.0
PROBLEMS OF THE PROTECTION OF THE RIGHT TO LIFE IN THE ARMED FORCES
The article examines the problems relating to the protection of the right to life within the armed forces in the context of the case-law of the European Court of Human Rights, international standards, domestic legal regulations, and mechanisms of civilian oversight. It is substantiated that the protection of the right to life of servicemen is not limited solely to the State’s obligation to conduct an effective investigation into cases of death, but also includes the prevention of real and foreseeable risks to life, the обеспечение of a safe service environment, and the establishment of effective measures aimed at eliminating psychological pressure, non-statutory relations, and degrading treatment. Particular attention is devoted to the role of non-governmental organizations, especially the “Peace Dialogue” NGO, as an important factor in identifying human rights violations within the armed forces, ensuring public oversight, and promoting legislative reforms. The article also analyzes the regulations contained in Articles 522 and 523 of the Criminal Code of the Republic of Armenia, highlighting issues related to psychological violence, systemic pressure, command inactivity, and the establishment of causation. It is concluded that the effective protection of the right to life within the armed forces is possible only through the complementary application of criminal law, preventive mechanisms, psychological support, and independent oversight mechanisms.
Copyright (c) 2026 Melik Melikyan, Elina Khachatryan https://creativecommons.org/licenses/by-nc/4.0
PROTECTION OF COMMUNITY INTERESTS BY THE PROSECUTOR’S OFFICE: CONSTITUTIONAL AND LEGAL CHALLENGES
This article provides an in-depth analysis of the constitutional framework governing the powers of the Prosecutor’s Office in the context of the protection of state and community interests. The primary aim of the study is to determine whether the legislative amendments conferring upon the Prosecutor’s Office the authority to initiate claims for the protection of community interests are compatible with the requirements and underlying logic of the Constitution of the Republic of Armenia. The research employs linguistic, systemic, and formal-logical methods of legal interpretation, as well as the analytical approach of identifying the intent of the legislator. The study examines the evolution of constitutional regulation (1995, 2005, 2015), relevant legislative amendments, their explanatory notes, and the emerging judicial practice. The findings demonstrate that the concept of “state interest” in the Constitution functions as an autonomous legal category, the content of which does not encompass “community interest.” The amendments introduced by the Amending Law are largely mechanical in nature and were not supported by a comprehensive constitutional and systemic analysis, thereby creating normative uncertainty and a risk of misinterpretation of the constitutional text. The article further argues that the issue of protecting community interests could have been addressed through alternative legal mechanisms without conferring additional powers upon the Prosecutor’s Office beyond those provided for by the Constitution. It is concluded that the matter requires constitutional assessment and is likely to become the subject of review by the Constitutional Court.
Copyright (c) 2026 Sayad Badalyan https://creativecommons.org/licenses/by-nc/4.0
IMPOSSIBILITY OF PARTICIPATION IN PROCEEDINGS: SOME PRACTICAL KEY ISSUES
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.
Copyright (c) 2026 Tatevik Sujyan https://creativecommons.org/licenses/by-nc/4.0
A FEW REMARKS ON THE LEGAL STATUS OF DAOS IN THE EUROPEAN UNION AND THE REPUBLIC OF ARMENIA
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.
Copyright (c) 2026 Rafał Pietraszuk, Jakub Jan Zięty https://creativecommons.org/licenses/by-nc/4.0
From the Luxembourg Agreement onwards: Antisemitism and the Normative Trajectory of German Law
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.
Copyright (c) 2026 Anna Pacurar https://creativecommons.org/licenses/by-nc/4.0
PRE-TRIAL DISPUTE RESOLUTION THROUGH MEDIATION: NEW ROLES OF THE NOTARY IN THE SERVICE OF SOCIETYTHE COMPARATIVE LEGAL ANALYSIS OF UZBEKISTAN AND ARMENIA
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.
Copyright (c) 2026 Dilshod Ashurov, Ani Mutafyan https://creativecommons.org/licenses/by-nc/4.0
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.
Copyright (c) 2025 Nikolay Stoyko https://creativecommons.org/licenses/by-nc/4.0
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.
Copyright (c) 2026 Sergey Kocharyan https://creativecommons.org/licenses/by-nc/4.0
PROTECTION OF CHILDREN’S RIGHTSIN THE PROCESS OF MEDIA COVERAGE
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.
Copyright (c) 2026 Rubina Petrosyan https://creativecommons.org/licenses/by-nc/4.0
LEGAL VOIDS AND MARKET VOIDS: HOW OUTDATED ADVERTISING LAWS THREATEN MEDIA SUSTAINABILITY IN ARMENIA
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.
Copyright (c) 2026 Arsen Tavadyan, Mari Mkhitaryan 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.
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.
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
THE COUNTERPARTY’S SUPERIOR BARGAINING POSITION AS A FACTOR SHAPING THE EXPRESSION OF WILL.
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.
Copyright (c) 2026 Arsen 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
THE RIGHT OF DISTRIBUTION OF PERFORMANCE FIXATIONS AND FIRST SALE DOCTRINE IN THE DIGITAL AGE
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.
Copyright (c) 2026 Mariam Ayvazyan 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.