Petut'yun ev iravunk'
P-ISSN: 1829-023X
E-ISSN: 2738-2508
Vol. 86 (2020): State and Law
Articles
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Articles
SOME FEATURES OF THE RIGHT OF OWNERSHIP TO NATURAL RESOURCES IN THE RA LEGISLATION AND PRACTICE
AbstractThe present article is devoted to the right of ownership to natural resources that is primary importance to any country as well as to the Republic of Armenia. The article outlines the legislative regulations, tha gaps, shortcomes and practice.
The article presents constitutional regulations in different periods and current sectoral regulatons.
As a result of that analisys, several proposals are introduced which, in our opinion, will contribute to the improvement of legislation and the effective realization of the right of ownership to natural resources.
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Articles
THE EVOLUTION OF THE CONSTITUTIONAL REGULATION OF FUNDAMENTAL RIGHTS IN ARMENIA
AbstractFundamental rights, as positive constitutional rights, do not have a long history in Armenia, and for the first time they found their constitutional regulation only in Soviet Armenia. However, in the Soviet state, where the individual was subordinate to the “interests of the society”, fundamental rights, regardless of how they were proclaimed in the Constitution, could not and did not have а character typical to modern legal states (I). In the modern Republic of Armenia, fundamental rights and their real role can be discussed only after independence (II), but two major constitutional changes were required to completely overcome the Soviet approaches to regulating fundamental rights(III and IV). However, the implementation of fundamental rights and their practical significance largely depends on the correct perception of fundamental rights by state bodies (primarily courts and administrative bodies) as the addressees of fundamental rights (V).
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Articles
THE PRINCIPLE OF ASYMMETRY IN THE ADMINISTRATIVE LEGAL RELATIONS
AbstractThe principle of legal asymmetry in the theory of law is the principle of the principle. This principle was first recorded in the Constitution of the RA in 2015. The means chosen for restriction must be commensurate to the significance of the basic right or freedom being restricted. This principle is widely used in administrative-legal relations, since it was first recorded by the legislative act in this area as an independent principle.
The principle of asymmetry is usually not applied by administrative bodies, in turn, it contributes to unlawful restriction of human rights and freedoms. If the administrative bodies follow this constitutional principle, this will help to establish and to strengthen the rule of law.
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Articles
ISSUES RELATED TO TESTIMONIAL IMMUNITY IN ADMINISTRATIVE PROCEEDINGS
AbstractThe constitutional principle of the duty to exempt the subject from testimony is enshrined in administrative proceedings in the form of the right of the witness to be silent. The logic of this right suggests that the subject has the right to refuse to testify on specific issues. The subjective right related to the obligation to testify shall be applied at the discretion of the person. In law enforcement practice there may be cases where a witness with an immunity decides to testify. In this case, the court must assess the validity of the particular testimony in conjunction with other relevant and admissible evidence.
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Articles
LEGISLATIVE AND INSTITUTIONAL FRAMEWORK FOR MITIGATING PRICE INCREASES IN THE REPUBLIC OF ARMENIA
AbstractBy initiating legislative changes that will lead to significant changes in prices for
socially significant goods, the government should develop measures to mitigate the
effects of inflation. The legal regulation of price stability, assessing the level of inflation
and predicting its dynamics are of great importance, since they make it possible to
assess the degree of damage caused by this phenomenon and to contribute to the
implementation of anti-inflationary measures. Inflation control in the Republic of
Armenia is regulated by the RA Law "On the Central Bank of the Republic of
Armenia", the RA Constitution and other legal acts. It is important that the powers of
the State Commission for the Protection of Economic Competition be legally expanded
in order to take more decisive measures in case of unjustified price increases in highly
concentrated commodity markets and to provide appropriate proposals to curb
inflation in case of problems.References -
Articles
STATE FINANCIAL SUPPORT AS A MEANS OF PROMOTING AGRICULTURAL COOPERATIVES
AbstractThe article analyzes the legal nature of the types of state financial support to agricultural cooperatives.. The article also indicates the problems of the current regulation in legal acts, indicates international practice and legal concepts of types of state financial support in the agricultural sphere in different EU countries, as well as in the United States and other countries. Realizing the importance of new legal regulations, we have proposed a number of concepts aimed to improving the efficiency of legal regulation of financial support mechanisms.
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Articles
PROSECUTORIAL SUPERVISION TOWARDS THE RECEIPT, REGISTRATION AND VERIFICATION OF CRIME REPORTS Prosecutorial supervision towards the receipt, registration and verification of crime reports
AbstractAs a result of receiving, registering, inspecting, and preparing materials for
criminal reports, the law enforcement agencies allow numerous abuses in practice that
directly lead to from on one hand to the violation of the legal interests of the people
who presented reports. Alleged victims and on the other hand, to the violation of the
rights and legitimate interests of the person who has allegedly committed a crime.
Therefore, in order to ensure legality at the stage of initiating criminal proceedings, the
legislature has made the activities of the mentioned bodies designated subject to
prosecutorial control and judicial supervision, also emphasizing the role and
importance of the stage of initiating criminal proceedings.
The fixation of the proper mechanisms aims to not only detect and eliminate the
legal infringements, but also to prevent them, having as their object the discovery,
elimination, prosecution or discovery of groundless denial of initiating a criminal
proceeding at the stage of criminal proceedings.References -
Articles
GROUNDS AND CONDITIONS OF PLACING A PERSON IN A MEDICAL INSTITUTION FOR IMPLEMENTATION OF EXAMINATION
AbstractIn the submitted article, the author discusses the conceptual peculiarities of placing a person in a medical institution for implementation of examination and presents a framework of relevant grounds and conditions. The author analyzes a number of problematic issues related with the procedure of placement of a person in a medical institution for implementation of examination. The author provided justifications for the necessity to reform the legal regulations concerning the procedure of placing a person in a medical institution for implementation of examination.
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Articles
THE ISSUE OF CONVICTS FORMER LAW ENFORCEMENT OFFICIALS IN THE CONTEXT OF CLASSIFICATION OF PRISONERS
AbstractThe article is dedicated the issue of convicts-former law enforcement agencies in the context of the legislative provisions for the classification of persons sentenced to imprisonment and the theoretical approaches to the classification, purposes, criteria and significance. The classification of persons sentenced to imprisonment is not a mere institute of penal law. Its initial legal bases and criteria are set out in criminal law where many jurisdictions and legal institutions are directly linked to the classification of persons sentenced to imprisonment.
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Articles
MONETARY SOVEREIGNTY
AbstractThe article is devoted to the contemporary issues of monetary sovereignty in the frameworks of public international law. Particularly, the article addresses the historical evolution of the concept of monetary sovereignty, then it represents the main elements of the contemporary monetary sovereignty. The article discusses the issues of monetary sovereignty in the light of contemporary economic and legal restrictions. The author tried to show that monetary sovereignty is still one of the important features of modern sovereign state, meanwhile, the concept needs constant modifications in order to provide economic stability for the countries.
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Articles
THE ROLE OF THE CONCEPT OF COLLECTIVE SECURITY IN INTERNATIONAL LAW AND LEGAL ISSUES OF ITS IMPLEMETTAION
AbstractThe concept of collective security represents international arrangments defining
international peace and security threats and the collective means of struggle against
these threats. The key issues hindering implementation of collective security and
effective functioning of the United Nations and the Security Council - its key body
responsible for international peace and security are considerably high. If we group the
international legal issues that hinder the implementation of the collective security
concept, they may be divided into the following main groups: the UN Security
Council's decision-making procedures, in particular, the abuse of the veto right by the
UN Security Council permanent members, attempts to create new grounds for the use
of force and misuse of individual/collective self-defense.References -
Articles
THEORETICAL BASES AND POSSIBILITIES OF FORENSIC MICROLOGY
AbstractThe given article aims to analyze the theoretical foundations and possibilities of
forensic micrology and discuss the related issues.
The article deals with forensic micrology development history, essence and
subject, forensic examination objects, its important role and significance in crime
detection, organizational and theoretical problems in forensic practice, as well
prospects for the development of forensic micrologyusing modern techniques.References -
Articles
PROBLEMS OF DEFINITION OPERATIONAL-INVESTIGATIVE INFORMATION
AbstractThe article presents a logical analysis of definitions of operational-investigative information which are mentioned in the literature. On the basis of the conducted analysis, the author formulates the requirements for essential features that should be used when designing the concept of operational-investigative information. The author suggests the definition of the operational-investigative information.
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