Petut'yun ev iravunk'
P-ISSN: 1829-023X
E-ISSN: 2738-2508
Vol. 89 (2021): State and Law
Articles
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Articles
LEGAL ENTITY UNDER PUBLIC LAW: PROBLEM SOLVING OR NEW PROBLEMS
AbstractThe article describes the term “legal entity of public law”, which was introduced into the RA legal system as a result of the 2015 reforms of the RA Constitution. It is indicated that introduction of this term was carried out without a systematic approach, and also without taking into account the logic of civil legislation. As a result, we got a regulation that does not solve any problems and actually is a burden for the legislation. It is also indicated that instead of trying to introduce the term "legal entity of public law", it would be more correct to reform the concept of "administrative body", as well as to regulate the behavior of subjects of public importance by sectoral laws.
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Articles
OBJECTIVES OF THE IMPLEMENTATION IN THE REPUBLIC OF ARMENIA OF THE RIGHT TO HOUSING FOR CHILDREN LEFT WITHOUT PARENTAL CARE, WHO ARE UNDER GUARDIANSHIP AND IN A FOSTER FAMILY
AbstractThe provision of living quarters that meet the requirements of the law for children left without parental care, who are under guardianship, guardianship and in a foster family, is necessary to ensure the physical, mental, spiritual, moral and social development of the child, as well as to ensure the right of children to the required standard of living.
Meanwhile, according to the legislation of the Republic of Armenia, based on the chosen form of child care and upbringing, a discriminatory approach is enshrined in the implementation of the right of children with the same status to receive housing, which is not based on the fundamental principle of the family code - ensuring the “best interests of the child”, but also inconsistent with the constitutional prohibition of discrimination.
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Articles
LEGAL STATUS OF COOPERATIVE MEMBERS
AbstractThe article analyzes the legal status of the cooperative member. All the essential rights and duties of the member were mentioned, the international practice on member status were studied in Russian Federation, in different countries of EU and also in United States. A number of offers were made for defining rights and obligations of the member, and for regulation of labour relations between member and cooperative.
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Articles
THE ESSENCE AND LEGAL SIGNIFICANCE OF JUDICIAL ACTS OF THE ADMINISTRATIVE COURT
AbstractThis article is devoted to the identification of the essence and legal significance of judicial acts adopted by the administrative court in the direction of solving administrative and legal issues arising from public legal relations taking as a basis also the specific division of these acts (resolving the case on the merits and interim judicial acts).
The author, in particular, formulated the belief that, among other interim judicial acts issued by the administrative court, and, as a rule, the legal significance of judicial acts that resolve a case on the merits is reduced to identifying violations of the rights of individuals or legal entities and forming the necessary behavior of the relevant authorities to exclude these violations.
At the same time, within the framework of the article, the author emphasized that in certain cases, judicial acts of the administrative court, being individual legal acts, also have the character of a negative normative legal act.
In particular, emphasizing that judicial acts adopted by the administrative court (which entered into legal force) as a result of the proceedings to verify the legality of normative legal acts in cases subject to the administrative court, actually make changes to the system of existing legal norms the author expressed confidence that in this sense, the judicial acts indicated in their legal force are equal to the law.
As a result of the analysis carried out by the article, the author came to the conclusion that the essence and legal meaning of the acts of the administrative court should be based on the specific meaning of these acts stating that it would be correct to fix the general and special characteristics of the essence and meaning of judicial acts of the administrative court.
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Articles
THE NATURE AND FEATURES OF JUDICIAL ACTS OF THE ADMINISTRATIVE COURT IN CASES OF CHALLENGING THE LEGALITY OF NORMATIVE LEGAL ACTS
AbstractThe article is devoted to the nature and features of judicial acts of the Administrative Court of RA in cases of challenging the lawfulness of normative legal acts. As a result of the research the lawmaking nature of the judicial acts of the administrative court on cases challenging the normative legal acts, as well as the normative nature of the judicial act on invalidating the normative legal act is revealed. Furthermore, several issues related to the peculiarities of judicial acts in cases of challenging the lawfulness of normative legal acts are considered and respective conclusions are made.
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Articles
SOME PROBLEMS CONCERNING THE IMPLEMENTATION OF THE SURROGATE MATERNITY IN THE REPUBLIC OF ARMENIA
AbstractIn this paper, we have presented the deficiencies and problems of the legal regulation of the maternity institution. Today, many contracts of surrogate maternity are concluded in practice without the understanding of its legal significance and consequences. The law has a very broad definition about this important issue, since practically no part of the contract of maternity is legally protected. Generally, the question is whether the medical establishment should treat biological parents with whom it has contracted, or should there be any limitations in the case, whether there is any state body that oversees the signing of these contracts? Today, no one is responsible for the conclusion of these contracts, which is an urgent problem as this area is too risky, and first of all the state should think about protection oh interests of the newly born child because very often the child can become a buying and selling subject, which is inadmissible from the moral viewpoint.
We have tried to answer all the questions in the context of this scientific article from the legal point of view by analyzing the domestic and international legislations.
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Articles
PRESUMPTION AS A PHILOSOPHICAL AND GNOSEOLOGICAL MEASURE
AbstractThe study of legal literature shows that there are different approaches to the essence of the presumption, which is one of the most important problems in the development of the concept of a general theory of integration of sectoral approaches to legal presumptions. Within the framework of this article, the author tried to find ways to overcome this problem. For this purpose, the presumption in the work was considered at two levels: ontological and gnoseological. In particular, at the ontological level, the author discussed the question of how a presumption is formed and what it represents (the essence), and at the gnoseological level, what role it plays. As a result, the concept of a presumption was given as a philosophical and epistemological means, on the basis of which a study of the essence of legal presumption and the development of a general concept should be carried out.
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Articles
MAIN ISSUES OF SUPERVISION OVER THE LEGALITY OF PRE-TRIAL PROCEEDINGS AND CHARGE DEFENSE IN COURT BY THE PROSECUTORIAL GROUP IN THE RA CRIMINAL PROCEDURE
AbstractThe Article is devoted to main issues of supervision over the legality of pre-trial proceedings and charge defense in court by the prosecutorial group in the RA Criminal Procedure.
Within the framework of the Article, the author discusses the legal grounds for the establishment of the prosecutorial group, as well as issues related to the powers of the members and the head of the prosecutorial group. In the course of the study, the author proposes to subject the grounds for establishing the prosecutorial group to legal regulation, stating that as such can be the complexity of the investigated criminal case, the large volume of the case or the public resonance.
At the same time, the author proposes to subject to criminal procedure regulation the powers of the prosecutorial group and the powers of the members of the group, as well as in the case of the establishment of the prosecutorial group, to envisage the mechanisms for introducing the relevant participants of the trial to the superior prosecutor's instruction regarding the establishment of the group, submitting recusal for each prosecutor of the group as well as for changing the group composition.
As a result of the carried out study, the author makes clear offers, which are aimed first at improving the criminal procedure law, solving the problems that occur in practice, also at increasing the efficiency of the prosecutorial supervision and protection of the rights of trial participants.
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Articles
THE CONCEPT OF THE CRIME FACILITATOR: TYPES OF ASSISTANCE
AbstractThe article discusses the issues of qualifying the actions of the facilitator, defining their exhaustive list by law, as well as other problematic issues. Based on the research, the author concludes that there is no need to provide an exhaustive list of the actions of the facilitator, suggests referring to the relevant article of the General Part when qualifying the action of a person who is even just a member of an organized group or criminal cooperation and has committed the crime being a part of them.
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Articles
SOME ISSUES ON JUDICIAL SUPERVISION OVER THE CONDITIONAL EARLY RELEASE (PAROLE)
AbstractArticle is devoted to the judicial supervision over the conditional early release (parole). The author has raised and analyzed some of the key issues related to the subject matter and presented suggestions for their solution: within the framework of the article, the discretionary and mandatory grounds of recalling conditional early release (parole) were discussed.
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