ARMEN ASATRYAN

Head of Department of Operative Activity Support of the

National Security Service of the Republic of Armenia, Colonel Lieutenant,

Solicitor of the Chair of Criminal Law of the Faculty of Law of Yerevan State University

DOI: https://doi.org/10.59546/18290744-2024.1-3-69

Annotation.

Combating against irregular and illegal migration in the state management of migration of the Republic of Armenia has always been emphasized, focusing heavily on the reduction of irregular migration originating from Armenia, the requirement to execute the issue to study such phenomenon and make suggestions for its prevention was included in the list of priority issues. The inclusion of the issues regarding irregular migration in the list of priority issues hereby proves the importance of combating against this phenomenon for our State and society. In order to implement this problem, a number of measures promoting legal migration were implemented in Armenia, and in 2014 the organization of illegal migration was criminalized which is considered a criminal offense under the Criminal Codes of most States, especially when along with the increase in immigration flows in Armenia, the risks of illegal and irregular influx, residence and work of foreigners have also increased. This article will refer to the legal grounds for traveling to another country, the existing legislative regulations in the Republic of Armenia in this regard, a number of concepts related to illegal migration, the definitions given by the International Organization for Migration, the grounds of the migrant’s criminal responsibility, the legal assessments given to the migrant’s acts in law enforcement practice, the existing measures aimed at achieving the latter’s criminal responsibility and etc. As a result, the author proposed a new solution among the currently implemented ones regarding the legal assessment of the migrant’s act.

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GEVORG ISRAYELYAN

Candidate of Law, Associate Professor,

Head of the Scientific Research Center of Applied Problems in Criminology of

National Bureau of Expertises of the National Academy of Sciences of the Republic of Armenia,

Lecturer at the Department of Law at Eurasia International University

DOI: https://doi.org/10.59546/18290744-2024.1-3-62

Annotation.

Crime is caused by social, economic, political and other factors. Among these factors, the legal determinants of crime are highlighted – the irrelevance of legislation, gaps and defects in regulation, regulation, which contain criminogenic and victimogenic risks in legal acts, etc. These factors are due to social maladaptation, haphazardness and inconsistency of methods and forms of legal regulation, uncertainty of the object-subject and subject composition of legal relations, conditions and grounds for their occurrence, modification and termination, uncertainty and imbalance of interests of subjects of legal relations, their rights and obligations, as well as the order of their implementation and execution, lack of social, economic and organizational and legal mechanisms for ensuring the implementation of a legal act, as well as the lack of control over the implementation of its provisions, etc. In order to prevent legal factors that cause crime, it is necessary to update legislation, ensure proper legal regulation of public relations, eliminate legislative gaps, and conduct a criminological expertise of draft normative legal acts. It should be noted that in the Republic of Armenia, the legal basis for the criminological expertise of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this expertise, as a result of which no such expertise has been conducted. Therefore, it is necessary to ensure appropriate regulations, including the adoption of the Law “On criminological expertise of draft normative legal acts”. It should be noted that in the Republic of Armenia the legal basis for criminological examination of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this examination, as a result of which not a single such examination has been carried out. Therefore, it is necessary to provide appropriate regulations, including the adoption of the Law “On criminological examination of draft normative legal acts.”

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MERI KHACHATRYAN

PhD student,

Lecturer at the Chair of Civil Procedure at YSU Faculty of Law

DOI: https://doi.org/10.59546/18290744-2024.1-3-47

Annotation.

The procedure for the confiscation of property of illegal origin is a civil procedure designed to confiscate property acquired through criminal activity. It encompasses not only the confiscation of property through a court decision but also allows for the voluntary transfer of illegally obtained property to the state through a settlement agreement. This article explores the requirements and criteria for settlement offers, presented by the authorized body. It highlights the unique characteristics that differentiate settlement agreements from agreements reached in other legal proceedings, considering the nature of the legal relationship and the state’s interest. The article emphasizes the importance of guaranteeing the rights of individuals involved in the proceedings in the context of submitting an agreement offer by the authorized body. It references the order of the General Prosecutor of RA that establishes the procedure for concluding a settlement agreement and defines the scope of issues to be addressed within this framework. The author suggests regulating a special procedure for court approval of prejudicial settlement agreements through the RA Civil Procedure Code. Additionally, the proposal includes introducing the possibility of partially concluding the investigative phase by reaching a settlement agreement. These suggestions aim to facilitate the amicable completion of the investigation phase and enhance the effectiveness of court proceedings related to the confiscation of property of illegal origin.

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МANE KARAPETYAN

Lecturer at YSU

Chair of Civil Law, PhD

DOI: https://doi.org/10.59546/18290744-2024.1-3-27

Annotation.

The article refers to one of the classic grounds for the termination of the employment contract, which is directly related to the principle of inadmissibility of forced labor. Within the framework of the article from a doctrinal and practical point of view were highlighted the problematic formulations of the current legal regulation. The article raised the inadmissibility of fining an employee who did not fulfill the obligation to notify the employer in advance. The problem is presented in the context of contradicting both the Constitution of the Republic of Armenia and the international treaties ratified by the Republic of Armenia. Reference is also made to the possible impact of this new institution on the protection of employers’ interests. The issue is raised that employees who notify the employer about the dismissal in violation of the deadlines can be “fined”, but there is no mechanism in place in cases where the employee does not notify the employer at all and stops working. As a result, we come to the conclusion that the change is not in the interest of the employer, but on the contrary, it encourages the employees not to notify about their dismissal at all, if they will not be able to keep the deadline for the notification. In the final part of the article, a proposal to make a legislative change was presented.

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MARIAM MANUKYAN

Master of Law,

Member of the RA Chamber of Advocates, Advocate

 

DOI: https://doi.org/10.59546/18290744-2024.1-3-35

 Annotation.

Within the framework of scientific research, it was studied whether the discretion of the RA Civil Appellate Court is absolute in the selection of powers, if, taking into account the factual circumstances of the case, it is possible (there is a legal possibility) to choose specific powers, and also the RA Civil Appellate Court should not have a legal obligation to motivate/justify the choice of any of their powers, or does the RA Civil Court of Appeal currently have such a legal obligation? The relevance of the research is determined by the developing legal practice (the decision of the Court of Appeal dated 18.03.22 within the framework of the civil case No. SND/0050/02/20 and the decision of the Court of Appeal dated 31.10.22 in the civil case No. ED/19766/02/18) and the Court of Appeal with the diversity of powers and the complexity of their content.

The main goals of this work are:

• as a result of the legal analysis, highlight the criteria for the selection of powers of the RA Court of Appeals and their peculiarities,

• Conduct a legal analysis, identifying the duty of the Court of Appeals to justify its choice of authority, on the basis of which the judicial act will be subject to appeal.

• Presentation of broad and narrow interpretations of specific articles of RA Legislation, their identification and justification.

• Raising and justifying comments aimed at overcoming legal uncertainty,

• Submission of recommendations aimed at securing the rights of a person to a case investigation and a fair trial within a reasonable period of time.

Problems of the scientific paper answered the following questions:

1. Is the discretion of the Court of Appeals of the Republic of Armenia absolute in the matter of the selection of powers defined by the Civil Procedure Code of the Republic of Armenia, in the event that a specific power may be applied (there is a legal possibility) in the context of the factual circumstances of the case?

2. Shouldn’t the RA Court of Appeals have a legislative duty to justify the choice of its powers to be exercised as a result of the examination of the appeal filed against the judgment defined by the RA Civil Procedure Code and/or does the RA Court of Appeals not currently have such a legislative duty?

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HERBERT HARUTYUNYAN

PhD Student at the Chair of Constitutional Law of Yerevan State University

DOI: https://doi.org/10.59546/18290744-2024.1-3-20

Annotation.

The work is dedicated to the powers of the President of the Republic of Armenia and issues of constitutional responsibility in the context of the 2015 constitutional amendments. Historical and comparative legal analysis presents the evolution of the constitutional institution of the president in the Republic of Armenia, examines the demands presented to the presidential candidate, the powers of the head of the state and the structures of their implementation according to the Constitution adopted in 1995, then the constitutional amendments of 2005 and 2015. The issues of positive and negative constitutional responsibility of the presidents of RA and other states, the grounds and procedure for the dismissal of the president are also a subject of study. It is noted that it is a primary task for the President of the Republic of Armenia to observe the observance of the Constitution, as this duty derives from the constitutional position of the head of the state. The head of state is the highest official who carries out the highest representation of the state both in domestic and international relations. ensures the continuity of state institutions, acts as the guarantor of the constitutional order, integrity and independence of the state. The analysis of the international constitutional practice proves that the head of the state can occupy a different place in the system of state power. In a number of countries, the institution of the head of state is not provided in any branch of the state power, or it is provided in the legislative and executive powers at the same time, or only in the executive power. In the Republic of Armenia, the institution of the head of the state is under development due to changes in the form of government formed as a result of constitutional changes in the country.

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