ROZA AMIROVA

3nd year PhD student at Russian-Armenian University,

lawyer at the Financial System Mediator office

DOI: https://doi.org/10.59546/18290744-2023.4-9-135

Annotation.

International sanctions are restrictive measures of an economic or political nature that are imposed by states or authorized bodies of international organizations against certain countries, organizations, and individuals. The article contains a theoretical and practical analysis of some issues related to the force majeure criteria. Much more attention is paid to the current judicial practice of recognizing foreign sanctions as force majeure, also were raised the issues of releasing banks from liability in the presence of sanctions restrictions on the sphere of banking services related to money transfers. During the period when foreign countries apply large-scale sanctions against the Russian Federation, there are widespread situations when the signed agreements are impossible or difficult to implement. Since sanctions have become the new economic reality, participants of civil circulation try to shift their risks onto partners or banks when conflict situations arise. We think that, most likely, in the future, judicial practice will recognize sanctions as force majeure. In the conditions of the instability of the economic situation, when signing a contract, it is also necessary to describe the circumstances that parties will later consider as force majeure.

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GOR HOVHANNISYAN

Associate Professor at the Chair of German and European Constitutional and

Administrative Law, as well as International Law at the University of Hagen,

Attorney-at-law, Мember of the Saxon Bar Association,

Doctor of Laws (Berlin), Master of Administrative Sciences (Speyer)

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-123

Annotation.

The first part of the four-part series of articles on European law starts with basic questions and the foundations of organisational law. The second part explains the legal sources of the European Union law and also deals with the legislative procedures. In addition, the structural principles applicable in the European law are outlined. The third part focuses on the fundamental rights of the European Union, which - in addition to the fundamental freedoms - are the essential individual rights of European primary law. The structural peculiarities from the perspective of the european and constitutional law are described, with a particular focus on the binding effect of the Charter of Fundamental Rights for the Member States. The fourth part explains the fundamental freedoms as the central means for establishing the internal market.

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ARPI LAZARYAN

Applicant of the Faculty of Philology, Sociology and Law of the Republic Academy of Sciences,

Head of the Criminal Legislation Development Department of the Criminal legislation,

Penitentiary and Probation Policy Development division of the

Ministry of Justice of the Republic of Armenia,

Lecturer of the Chair of Criminal Law and Criminology of the Educational

Complex of the Ministry of interior of the Republic of Armenia

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-114

Annotation.

It should be noted that the fight against crime is one of the most important directions of the state’s international cooperation. At the same time, it should be noted that the mentioned cooperation with international structures is carried out within the framework of relevant legal acts, a part of which is the acts related to the treatment of minors. The article is generally devoted to international standards of treatment of juvenile convicts. The research was carried out based on the analysis of the available statistical data and although we can state that the number of punishments and sanctions related to the deprivation of liberty for minors has decreased, but the level of juvenile delinquency may also increase along with the current increase in crime. Due to the above circumstances, an attempt was made by the author to combine and compare internationally defined standards and domestic legislation.

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KARAPET SMBATYAN

Number Two Garrison’s Prosecutor of Prosecutor’s

Office of the Republic of Armenia,

Master at Yerevan State University Faculty of law

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-105

Annotation.

There are some new institutions and regulations in the Criminal Proceeding Code of The Republic of Armenia which have been adopted by Parliament, including about requests. An object of the work is to demonstrate incomplete sides of new regulations on requests in detail, especially on definition, reaction deadline on requests which are addressed to prosecutor about not charging, sanity of always answering to requests with decisions, and regulations on requests in previous Criminal Proceeding Code and other countries criminal proceeding experiences. An aim of the work is to propose possible solutions to the problems that have been showed. The work is introduced in principles of historical and comparative analyses as well as showing contemporary problems. We think that it is succeeded in referring to the actual problems and its solutions of The New Criminal Proceeding Code on requests and regulations on requests in previous Criminal Proceeding Codes and and other countries criminal proceeding experiences.

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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 RAU Institute of Law and Politics

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-93

Annotation.

The article draws attention to the increased relevance of the study of the issues of criminal liability of legal entities, which has become a novelty of the Armenian criminal and criminal procedure legislation. The relevance of the topic of this article is due to the fact that with the adoption of the new Criminal Procedure Code of the Republic of Armenia, adopted by the National Assembly on June 30, 2021, and entered into legal force on July 1, 2022, a legal entity is considered as a full-fledged subject of criminal procedure relations by the defense. Present article contains a theoretical analysis of some issues related to the criminal procedural status of a legal entity. The article discusses the place of a legal entity in criminal procedural legal relations, its criminal procedural status, procedural responsibility. Such a category as the procedural legal personality of a legal entity as a participant in criminal proceedings is analyzed, their possible significance for the implementation of the procedural status is explored.

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VARAZDAT SUKIASYAN

Chief Specialist of the Legal Expertise Service of the

RA Court of Cassation, PhD, Lecturer at the Chair of

Criminal Law and Criminal Procedure Law of RAU Institute of Law and Politics

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-84

Annotation.

The article is devoted to the dialogue of higher courts based on the 16th Protocol of the European Convention. The article examines the effectiveness of dialogue structures with supranational courts, as well as the experience of the highest courts of the Republic of Armenia in obtaining an advisory opinion. The expansion of the Court's powers to issue advisory opinions will further strengthen the interaction between the Court and national authorities and thereby ensure a more effective application of the Convention in accordance with the principle of subsidiarity. Higher courts and tribunals may request advisory opinions from the European Court on key issues concerning the interpretation or application of the rights and freedoms set out in the Convention and its Protocols. The requesting court or tribunal may seek an advisory opinion only in relation to a case before it. The requesting court or tribunal must give reasons for its request and present legal and factual circumstances relevant to the case before it. Advisory opinions must be motivated. If the advisory opinion in whole or in part does not express the unanimous opinion of the judges, then any judge has the right to present his own dissenting opinion. Advisory opinions are sent to the requesting court or tribunal and to the High Contracting Party to which that court or tribunal belongs.

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