MARTIN MANUKYAN

Responsible for monitoring the work of the Office of the

Public Defender of the Chamber of Advocates of the Republic of Armenia,

Lecturer at the Department of Jurisprudence of the Yerevan University “Gladzor,” Candidate of Legal Sciences

DOI: https://doi.org/10.59546/18290744-2025.7-9-163

 

Annotation.

Analysis of the main models of Western European parliamentarism and the practice of their development shows that the structure of power in them has its own characteristics; parliamentarism is generally based on constitutional provisions that enshrine the principle of separation of powers, mechanisms of checks and balances, freedom of activity of various political parties, and high legal and political culture of the population. Parliament symbolizes and implements the political representation of the national state, or what is the same, the nation-state; accepts the oath of the head of state; expresses confidence in the government on behalf of the sovereign people; etc. The author of the article believes that it is the specifics of the relationship between the representative and executive powers that form the basis of the classification of parliaments presented in this article.

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SERGEY GHAZINYAN

Lecturer at the Chair of European and International Law,

Yerevan State University (YSU), and the American University of Armenia (AUA)

Expert at the YSU Center for European Studies

DOI:https://doi.org/10.59546/18290744-2025.7-9-151

 

Annotation.

National referral procedures or mechanisms (‘‘National Referral Mechanisms“) are cornerstones of a human rights-based and victim-centered anti-trafficking policy, designed through systematic procedures to ensure the identification, protection, and assistance of victims. Based on international human rights standards, they translate legal obligations into practical steps by defining the roles of competent authorities and referral pathways. Studying the legal regulations and the practical application of referral procedures is crucial for assessing the protection of and the effectiveness for persons subjected to trafficking.

This article examines the referral pathways for persons subjected to trafficking and exploitation in Armenia, including legislative regulations and practical challenges. The study focuses on the three main procedural stages of the referral mechanism: detection, pre-identification, and identification.

The findings highlight significant achievements in the field, including the adoption of a dedicated law, the establishment of competent bodies with clear mandates, and the prioritisation of a human rights-based and victim centred approach. Nevertheless, persistent shortcomings undermine the system’s effective operation to promptly and adequately protect victims. In particular, the detection phase remains the most problematic, with frontline actors having ambiguous mandates, lacking standard operating procedures, insufficient training, and fragmented coordination.

The article provides a comparative analysis of Armenia’s experience against international standards on victim-centered and human rights-based approaches, arguing that national referral mechanisms require not only legal guarantees but also sustained capacity-building of competent bodies, harmonized internal procedures, and proactive engagement from all sectors. The article offers legislative and practical recommendations aimed at improving the effectiveness, accessibility, and accountability of Armenia’s national referral mechanism.

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SUREN BAGHINYAN

PhD student of the Criminal Procedure and

Criminalistics Department of Yerevan State University

DOI: https://doi.org/10.59546/18290744-2025.7-9-135

 

Annotation.

The author, analyzing various sources of criminalistics literature and recent developments in investigative practice, has identified the typical models of the mechanism of treason and substantiated their practical significance for increasing the effectiveness of investigations.

To fully present the criminalistic characteristics of a crime, it is first necessary to reveal the mechanism of its manifestation, its structure, and its elements. In criminalistics, the concept of a “crime mechanism” is broader than its criminal-legal definition. It includes not only the illegal actions but also the dynamics of their development, the relationships among the crime participants, and a complete systemic picture of the process.

The crime mechanism is a sequence of interactions that result in the creation of trace reflections, which contain information of significant criminalistic value about the crime itself and its participants. Each individual interaction implies the presence of another interaction’s course or is a formative element of the latter, as a result of which the entire system acquires a stable and dynamic nature.

Based on the above, the crime mechanism can be understood as a system of both direct and indirect interactions between the crime participants, as well as between them and the material world, which is accompanied by the use of corresponding tools, means, and individual elements of the situation.

Scientific approaches propose using typical models of a criminal event, which provide a more complete and systemic picture of the investigation. Theorists note that a criminal-legal characteristic only partially reflects the aspects of criminal activity, while modeling allows for revealing developmental regularities and building a systemic methodology for the investigation.

It is notable that typical models of a crime are distinguished based on the elements of the crime mechanism’s structure. The same applies to the typical models of the criminal mechanism of treason, which make it possible to reveal the possible investigative situations and regularities in the investigation of this type of crime.

Thus, the typification of the models of the treason mechanism makes it possible to develop a clear plan of investigation and an algorithm of actions, which in turn ensures the effectiveness and organization of the investigation.

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HAYKUSH HAROYAN

PhD Candidate at the Chair of Criminal Procedure and Criminalistics,

Faculty of Law, Yerevan State University,

Judicial assistant at the AntiCorruption Court of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2025.7-9-127

 

Annotation.

The aim of the article is to analyze a number of issues related to the legal norms regulating the conditions for applying the plea bargaining procedure as a special trial procedure, as provided by the Criminal Procedure Code of the Republic of Armenia.

The practical significance of the work lies in the fact that it identifies and examines the existing shortcomings and problematic aspects of the legal norms and mechanisms regulating the conditions for applying the plea bargaining procedure as a special trial procedure, as provided by part 2 of Article 458 of the Criminal Procedure Code of Armenia. The article also formulates relevant conclusions and proposals.

In this context, the article is relevant, as the conclusions and proposals made can serve as a theoretical source for further study of the “plea bargaining procedure” institution.

The article discusses issues such as the establishment of additional circumstances excluding the application of the plea bargaining procedure, in particular, determining exceptions for applying the special trial procedure to specific types of crimes, prohibiting the use of the plea bargaining procedure in new proceedings separated from the main criminal case, and other similar provisions.

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HOVHANNES BAYANDURYAN

Member of the Chamber of Advocates of the RA,

PhD Student at the Chair of Criminal Law and

Criminal Procedure Law of Armenian-Russian University

DOI: https://doi.org/10.59546/18290744-2025.7-9-105

 

Annotation.

Thе article is devoted to a comprehensive analysis of the problem of procedural succession of legal entities in criminal proceedings, especially in the context of their reorganization or liquidation. In the absence of clear regulation of this institution in the Criminal Procedure Code of the Republic of Armenia, the author examines doctrinal approaches, law enforcement practice and foreign experience, including the position of the European Court of Human Rights and the legislation of the United States, Spain, Romania and other countries. The main attention is paid to the substantiation of the possibility and necessity of introducing the institution of procedural succession of a legal entity, including the accused, into the Armenian criminal procedure legislation, taking into account the criteria of legal and factual identity, as well as the good faith of the reorganization. The article proposes draft norms that ensure a balance between the principle of individual criminal liability and the effectiveness of criminal prosecution, which is especially important in the fight against economic and corporate crime.

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VARAZDAT SUKIASYAN

PhD in Law,

Lecturer at the Department of Criminal Law and Criminal Procedure

Law Institute of Law and Politics of the Russian-Armenian University

ADELINA SARGSYAN

PhD in Law,

Lecturer at the Department of Criminal Law and Criminal Procedure

Law Institute of Law and Politics of the Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2025.7-9-94

 

Annotation.

This article has analyzed in detail the cases of the use of general principles of law and principles of national law in the decisions of international criminal courts and tribunals. It has shown the cases when international criminal courts and tribunals have based themselves on principles of national law and then turned them into principles of general law. Particular attention has been paid to the phased process of the transfer of legal principles.

The article concludes that international criminal courts and tribunals have confirmed the existence, content, and scope of general principles of law not only by resorting to the usual auxiliary means of determining the norms of international law (i.e., by referring to the decisions of international courts and tribunals) but also by deriving them directly from national legal systems.

The complex legal nature of international criminal law, its changing nature, and dynamic pace of development actualize the importance and necessity of studying general principles of law, their applicability in national legislation, and their possibilities to fill existing gaps. The role of general principles of law in the formation of uniform practice of international criminal courts and tribunals, as well as in ensuring respect for inalienable rights and free of charge: The authors address the application of the provisions of international criminal law in national criminal law and the possible difficulties of this process. Despite the correct statement that the transfer of the principles of national law to the international plane should not be mechanical, it is also true that international criminal courts and tribunals have rarely refused to apply the principles of national law to international criminal law due to their incompatibility. Even if the warnings of the International Criminal Court in the case of the former Yugoslavia on mechanical transportation sometimes seem exaggerated or erroneous, it is nevertheless true that the transfer of the general principles of national law to the international dimension should be carried out with caution. It is extremely important to constantly monitor the practice of international criminal courts and further study the general principles of law in order to increase the effectiveness of criminal justice in combating international crimes.

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