Petut'yun ev iravunk'
P-ISSN: 1829-023X
E-ISSN: 2738-2508
Vol. 87 (2020): State and Law
Articles
-
Articles
THE DIRECT EFFECT OF THE CONSTITUTION AND THE APPLICATION OF LEGAL NORMS IN THE CONTEXT OF THE SUPREMACY OF THE CONSTITUTION (PART 2)
AbstractThe 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).
References -
Articles
THE APPLICATION OF LIMITATION PERIODS TO NEGATORY AND VINDICATION CLAIMS
AbstractThe current article discusses the application of limitation periods to negatory and vindication claims. In particular, the article identifies the problems arisen in practice in connection with this issue, and emphasizes the need for a clear differentiation of these claims from the point of view of the correct application of limitation periods. The article examines the correlation between the limitation periods and acquisitive prescriptions, and the issue of establishing such periods that will not only allow the parties of a legal relationship to effectively protect their rights or interests, but also will contribute to the stability of civil circulation.
References -
Articles
TYPES OF AGRICULTURAL COOPERATIVES
AbstractThe article describes the types of agricultural cooperatives. The classification criteria of cooperatives were studied. The article discusses the experience of developed European countries, as well as the experience of the United States in the classification of cooperatives. The internal legal norms of the cooperative classification were analyzed, and proposals for legislative changes were made.
References -
Articles
CONCEPTS AND BASES OF VOLUNTARY LIQUIDATION OF BUSINESS ENTITIES
AbstractStudying the basics of voluntary liquidation of business entities is of great theoretical and practical importance. The legal literature and regulatory legal acts do not define the concept of voluntary liquidation. To find the answer to this question, it is important to identify the signs on the basis of which the concepts of voluntary liquidation can be defined. The author proposed the concepts of voluntary liquidation, the article also touched on the features of voluntary liquidation, discussed the basics of voluntary liquidation included in the Civil Code of the Republic of Armenia and relevant laws, it was proposed to introduce appropriate legislative amendments so that existing legal norms do not lead to disagreements. The article also discussed the views of a number of lawyers and the legal norms of other countries regarding these issues.
References -
Articles
«EX OFFICIO» ՍԿԶԲՈՒՆՔԻ ԻՐԱՑՄԱՆ ԱՌԱՆՁՆԱՀԱՏԿՈՒԹՅՈՒՆՆԵՐԸ ՎԵՐԱՔՆՆՈՒԹՅԱՆ ՓՈՒԼՈՒՄ
AbstractThe article is devoted to the issues of excercising ex officio principle at the stage of reviewing the acts of administratve court. As a result, for defining the manifestations of the following principle, the questions related to the full and partial appeal in administrative proceedsing are being discussed, both of which have certain characteristics allowing to differentiate them. The analyze of the norms of administrative court procedure indicates that the combination of two types of appeal-the mixed model of appeal, exists in the administrative court procedure. Furthermore, the author analyzes the limits of review by the administrative court of appeals and the manifestation of the ex officio principle and proposes new approaches for amending the code of Administrative Court procedure of RA.
References -
Articles
SOME ISSUES OF IMPROVING THE LEGAL BASIS FOR COMBATING AGAINST PROSTITUTION
AbstractThe article is dedicated to the issues of improving the legal basis for the fight against prostitution. The author's proposals regarding amendments and additions to the legislation regulating the fight against prostitution will create the preconditions for the correct qualification of the above offense, disclosure of circumstances to be proved, assessment of circumstances aggravating and mitigating liability, and the appointment of a fair administrative penalty.
References -
Articles
JUVENILE CONVICTS: PENITENTIARY ASPECT
AbstractThe problems of the aims of punishments, especially the issues of re-socialization of juvenile convicts, as well as regulation and conditions of execution and serving of sentences (in particular – those related to deprivation of liberty) imposed on juvenile offenders are discussed in the article presented. The article also covers the peculiarities of sentencing juvenile crime perpetrators and executing those sentences in accordance with the provisions foreseen by the draft new Criminal Code and draft new Penitentiary Code of RA.
References -
Articles
APPLICATION ISSUES OF GENERAL PRINCIPLES OF SENTENCING AND DEVELOPMENT PROSPECTS
AbstractThe article deals with the general principles of sentencing, which are reflected and specification of principles of criminal law. The paper examines the main issues of general principles of sentencing, a number of contentious issues in the legal literature, a distinction between the criteria of individualization of punishment.
The article deals with the implementation of the requirements of the general principles of destination, gives their short characteristic, draws attention to the controversial wording, suggests amendments of improving criminal legislation in relation to the institution of punishment.
Тhe author represents definitions made by scientists, as well as legal positions and approaches of the Court of Cassation of RA.
References -
Articles
PRIVACY AS A SOCIO-LEGAL PHENOMENON
AbstractThe article discusses the social and legal manifestations of privacy. Summarizing the opinions of scientists, the concept of mystery is given as a social phenomenon, then it is justified as a legal phenomenon. In the presented article, special attention is paid to the issue of distinguishing between the concepts of “private life” and “personal data” taking into account the positions of the European Court of Human Rights and the Court of the European Union.
References -
Articles
MULTIPLE OFFENCES AND QUALIFICATION OF COMPOUND CRIME
AbstractThe article considers the issues of qualification of compound crime and multiple offences. Compound crime is a single complex offense composed of two or more intentional offenses, which when considered separately are independent crimes, but due to their organic correlation cause complex damage to one object. It is the oneness of the object that makes them single not multiple offences included in composite acts. All possible problems and disadvantages relating to both practice and legislative sphere were identified. He has also made new proposals, which in the future could contribute to the solution of these problems and the improvement of this institution.
References -
Articles
SEVERAL CRIMINAL PROCEDURAL ISSUES TO SOLVE THE OBJECTIONS RAISED BY THE INVESTIGATOR AGAINST THE INSTRUCTIONS (DECISIONS) OF THE HIGHER PROSECUTOR TO THE SUPERVISING PROSECUTOR
AbstractThe article is devoted to the criminal procedural issues to solve the objections raised by the investigator against the instructions, decisions of the higher prosecutor to the supervising prosecutor. Within the scope of the article the question whether the investigator is entitled to present a written objection against the instructions, decisions of the supervising prosecutor or not, as well as the issue of the authorities of the higher prosecutor related with their discussion and solution.
The issue of authority of canceling the decisions of the head of investigative division by the supervising prosecutor was also discussed and it was suggested to be envisaged legally, at the same time in case of disagreement entitle the head of the investigative division to present a written objection to the higher prosecutor.
References -
Articles
SOLVING CRIMES AS A TASK OPERATIONAL-INVESTIGATIVE ACTIVITIES
AbstractThe article is devoted to the study of the legal nature of one of the tasks of operational search activity-detection of crimes. It is based on the study of the positions of scientists on this issue, an attempt is made to distinguish the criminal procedure and operational-search aspects of crime detection, and a new formulation of this task is suggested in the RA operational-search law.
References
