SIRANUSH GRIGORYAN

Yerevan State University,

Faculty of Law, Chair of European and International Law,

PhD Student, Yerevan, Armenia

DOI: https://doi.org/10.59546/18290744-2025.1-3-168

 

Annotation.

In an increasingly interconnected world, economic and political measures are frequently employed to shape global interactions, maintain stability, and enforce compliance with international norms. However, such measures can often produce unintended consequences, particularly for vulnerable populations. Policies designed to influence the behavior of states, organizations, and individuals must therefore be accompanied by mechanisms that ensure their effectiveness while minimizing collateral harm.

This work proposes the creation of an international institution with advanced filtering mechanisms, real-time monitoring, and legal oversight. A key feature of this framework is the Legal Review and Enforcement Department, which would ensure that sanctions comply with international law and human rights protections. The proposed structure aims to improve the effectiveness of sanctions while safeguarding civilian well-being through more targeted and adaptable approaches.

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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 of the Department of Jurisprudence of the Yerevan University “Gladzor”,

Candidate of Legal Sciences

DOI: https://doi.org/10.59546/18290744-2025.1-3-147

 

Annotation.

The countries of the Central and Eastern European region are conventionally divided into two groups in this article. The first group includes those countries that were formerly part of the USSR, and after the collapse of the latter, united in the Commonwealth of Independent States. These are Russia, Ukraine, Belarus, Moldova, as well as the South Caucasus countries outside the geographical borders of Europe - Armenia, Georgia (it left the CIS in 2008) and Azerbaijan. Kazakhstan is also a member of the Council of Europe, although only a small part of its territory is within the geographical area of Europe.

The second group is formed by such Eastern European countries as Albania, Bulgaria, Hungary, Poland, Romania, the Czech Republic, Slovakia and the countries that emerged after the breakup of Yugoslavia: Bosnia and Herzegovina, Macedonia, Serbia (in 2008 Kosovo declared its secession from Serbia and declaration of independence and is still a partially recognized country), Slovenia, Croatia, Montenegro. This group, of course, also includes Lithuania, Latvia, and Estonia.

According to the author of the article, it is justified to single out a conditional group of the mentioned countries. These countries have survived the period of communist rule and are currently fundamentally reforming the entire system of public relations, including the system of the supreme bodies of state power. At the same time, they rely on their own pre-socialist past and the example of developed democratic countries, as well as take into consideration modern global trends in constitutional development.

The author of the article also believes that the specific goal of the reforms was to overcome the negative political and legal practices of the socialist regime. In particular, the Eastern European countries are striving to recreate the parliament as a truly functioning representative legislative body of state power. And although most of them have chosen a mixed form of government, the decisive role of adopting laws and forming a government and defining its responsibilities has been assigned to the parliament, which, in accordance with modern ideas, has acquired broad powers, including in the field of foreign political cooperation.

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GEVORG YEGHIAZARYAN

Master of Laws from Yerevan State University and Chicago-Kent College of Law (U.S.),

Lawyer at “Agents of Hope” (U.S.)

DOI: https://doi.org/10.59546/18290744-2025.1-3-138

 

Annotation.

The article presents the role of the Jury system in the Anglo-Saxon (common law), particularly the American legal system. It examines the constitutional and historical foundations of jury trials in the United States, comparing them with the approaches of the Roman-Germanic legal systems. The article aims to explore the origin, role, significance, and essence of the Jury institution, and ultimately help the reader understand whether the right to a jury trial is an absolute right or not. It also discusses which decisions belong to the jury and which belong to the judge, among other issues. The article unveils the procedural tools that effectively limit the right to a jury trial in the legal process.

The article aims to investigate whether the right to a jury trial remains absolute or becomes a conditional right in the American legal system. The analysis is supported by recent statistical data and legal literature.

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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/10.59546/18290744-2025.1-3-119

 

Annotation.

The article examines the institution of exemption from criminal prosecution of legal entities in various legal systems, including the legislation of Armenia and foreign countries. It analyzes the balance between the principles of legality and expediency in decisions to forgo criminal prosecution, as well as the legal mechanisms that allow for the avoidance of judicial proceedings under certain conditions. Particular attention is given to international experience, including Deferred Prosecution Agreements (DPA) and Non-Prosecution Agreements (NPA) used in the United States, the United Kingdom, Canada, and France. The article explores the conditions under which legal entities may be exempt from liability, such as the implementation of anti-corruption measures, compensation for damages, and cooperation with law enforcement authorities.

In conclusion, we substantiate the necessity of reforming Armenia's criminal procedural legislation to introduce procedural alternatives to criminal prosecution. The implementation of these mechanisms would enhance the flexibility of criminal proceedings, reduce reputational risks for businesses, encourage lawful behavior among legal entities, and establish an effective system for preventing corporate crimes. Furthermore, the application of these mechanisms could contribute to strengthening public trust in law enforcement and the judiciary by ensuring transparency and predictability in criminal prosecution decisions.

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GEVORG BARSEGHIAN

PhD Student at the Chair of Criminal Law of

YSU Faculty of Law, Lecturer

DOI: https://doi.org/10.59546/18290744-2025.1-3-100

 

Annotation.

Employees of bodies carrying out operational-search activities and persons cooperating with these bodies play a significant role in the fight against crime. In the course of preventing criminal offenses committed or being committed by others, mitigating their consequences, uncovering crimes, or obtaining necessary evidence, individuals engaged in operational-search activities may face real possibilities of causing harm to interests protected under Criminal Law. Therefore, Criminal Law should provide the possibility of exempting a person engaged in operational-search activities from criminal liability for an act that is formally deemed unlawful, provided that specific conditions of legality are met—taking into account the absence of unlawfulness in the act and its socially beneficial and purpose-driven nature.

However, an analysis of the grounds for exemption from criminal liability as established in the Criminal Code of the Republic of Armenia reveals that the issue under consideration is not comprehensively regulated, and there is no developed integrated legal norm aimed at exempting individuals engaged in operational-search activities from criminal liability in cases where harm is caused to interests protected by Criminal Law under specific conditions of legality. This article focuses on examining this specific issue.

Based on the results of the research conducted within the scope of this article, we propose the inclusion of a comprehensive legal norm in the Criminal Code of the Republic of Armenia, titled “Causing Harm to Interests Protected by Criminal Law in the Course of Conducting Operational-Search Measures”. This provision would aim to exempt individuals engaged in operational-search activities from criminal liability when harm is caused to legally protected interests under specific conditions of legality.

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MERI VANUNI

Specialist of the Unit of Organization of Scientific Research and

Programmatic-Methodological Activities of the Academy of Justice,

expert of the budget process coordination department of

Ministry of Finance of the RA

DOI: https://doi.org/10.59546/18290744-2025.1-3-93

 

Annotation.

This article analyzes the changes made to Armenia’s legislation in 2022, particularly the amendments to the Criminal Code and the Criminal Procedure Code, aimed at more effective implementation of international criminal law norms at the national level. The article examines the introduction of clear definitions of international crimes such as genocide, war crimes, and crimes against humanity, which allows for their prosecution in Armenia regardless of the time and place of commission. One of the key aspects also involves strengthening coordination between Armenian law enforcement agencies and international judicial bodies, contributing to the improvement of extradition processes and evidence transfer. The article raises issues such as the lack of qualified specialists in international criminal law, insufficient resources for conducting complex investigations, and the technical inadequacy of law enforcement bodies. The political and diplomatic complexities surrounding extradition, which can affect the prosecution of perpetrators, are also emphasized. In conclusion, the article calls for further improvement of national legislation, the development of international cooperation, and the training of specialists to effectively investigate international crimes.

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