GEVORG ISRAYELYAN

Candidate of Law, Associate Professor,

Head of the Scientific Research Center

of Applied problems in criminology of

National Bureau of Expertise of

National Academy of Sciences of the Republic of Armenia,

Lecturer of the Law Department at Eurasia International University

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-76

Annotation.

Since July 1, 2022, the Criminal Code of the Republic of Armenia has been put into effect (adopted 05.05.2021), which includes both new institutions and solutions to problems that were identified in the previous criminal legislation. Certain changes have also occurred in the composition of crimes related to drug trafficking, including those related to the predicate of the crime. So, if in the previous Code responsibility for illicit trafficking of narcotic drugs, psychotropic substances and their precursors or their illegal sale was provided for by a single article 266, then in the new Code criminal liability is established separately, Article 394. A new type of object is provided – equivalent substances (analog). According to the author, in the composition of crimes related to illicit drug trafficking, the predicate of the crime is, as a rule, a mandatory feature. The author refutes the position spread in the literature, according to which only narcotic drugs, psychotropic substances and their precursors are the predicate of drug crimes. He also highlights other items. The author believes that clarifying the predicate of the crime is of great importance for the correct qualification of these criminal acts, distinguishing them from each other, and in some cases from administrative offenses.

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MELIK MELIKYAN

Acting Chief Expert of the Legal Expertise Service

of the Cassation Court of Republic of Armenia,

Applicant of the Department of Criminal Law

YSU Faculty of Law

DOI: https://doi.org/10.59546/18290744-2023.4-9-69

Annotation.

Provocation of a crime in criminal law is a complex and related phenomenon with various institutional structures of criminal law, which is the reason for putting forward often conflicting views about it, under such conditions, in terms of ensuring legal certainty, there is a need to comprehensively conduct appropriate in-depth research on the phenomenon in question. In order to identify this phenomenon, as well as to be able to consider it as a crime, special importance is given to the study of its individual structural features. In this context, it is important, from different points of view, to make the subject of research the circle of relationships that can be reached as a result of provocation of a crime, and taking into account its wide scope, to distinguish from them those relationships that are protected by the criminal law and directly cause damage to the mentioned phenomenon. In addition, the question of how the provocation of a crime can manifest itself, in the context of which the possibility of committing the act in question with inaction is of special interest and legal significance, is subject to discussion. By studying domestic and foreign experience, as well as identifying theoretical and practical problems, along with certain aspects that have already been formed, a comprehensive study of the topic creates the basis for putting forward new scientifically based theses and their justification.

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HAYK GRIGORYAN

The academic member of the

Supreme Judicial Council of

the Republic of Armenia,

Doctor of law

DOI: https://doi.org/10.59546/18290744-2023.4-9-54

Annotation.

The article examines the prohibitions of genocide established by Islamic doctrine and Muslim traditions. With a view to further qualification of the actions of the military and political leadership of Azerbaijan, the factual circumstances of the acts that took place in Nagorno-Karabakh since December 2022 are analyzed. Legal analysis of the elements of the crime of genocide. International legal and organizational problems of investigation, as well as problems of criminal responsibility of representatives of the military and political leadership of Azerbaijan for committing the crime of genocide of the Armenian population of Nagorno-Karabakh are analyzed. As examples, parallels are drawn between the relevant judgements of the International Tribunal for the Former Yugoslavia, the International Tribunal for Rwanda and the International Criminal Court (hereinafter ICC) for similar acts. The institution of immunity of State officials for genocide is under consideration. Since, at present, it is only possible to bring to justice the military and political leadership of another State at the international level, and the ICC potentially has jurisdiction to try genocide cases, Consideration is being given to the provisions of the Rome Statute of the ICC on the conditions for admission and investigation of crimes against the peace and security of mankind, including the crime of genocide.

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GOHAR AVAGYAN

PhD student at the Chair of Civil Procedure at YSU Faculty of Law

DOI: https://doi.org/10.59546/18290744-2023.4-9-43

Annotation.

One of the effective methods stipulated by the legislation, which ensures the implementation of judicial decisions, is by establishing a distinct mechanism for securing rights during administrative proceedings. This mechanism, referred to as “preliminary protection of rights,” operates separately from the method used to secure claims. The latter method is applicable only to three specific types of claims and does not extend to dispute claims. Notably, this study focuses on the suspension of administrative acts as a unique form of preliminary protection. It sheds light on the distinctions between this suspension and the general claim securing process. Furthermore, it underscores legislative strategies, identifies legal gaps in the current framework, and suggests legal remedies. The research explores the differences between suspending the execution of an administrative act and suspending its operation. It emphasizes the necessity of empowering courts to employ protective measures while investigating the factual context of a case, guided by terms such as “significant damage,” “reasonable doubt,” and “ impossibility of rights protection.” The interpretation of these terms forms the foundation for suspending administrative acts. The investigation delves into varying interpretations of the term “impossibility” and advocates for uniformity in its application. It also delves into instances where immediate execution of administrative acts is mandated, both as a legal requirement and as a rationale for their swift execution by administrative bodies. This analysis considers the interplay between public and private interests in these scenarios. In this pursuit, the study draws insights from international practices, as well as domestic legislative and judicial experiences. It pinpoints legal gaps and introduces potential legal remedies within this framework.

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KAREN MELIKSETYAN

PhD student at YSU Civil Law Chair,

“FLASH” LLC lawyer

DOI: https://doi.org/10.59546/18290744-2023.4-9-33

Annotation.

This scientific article is devoted to the study of some features of the executive body of the corporation as a body carrying out current management, identifying problematic issues and offering practical solutions. The status of the executive body of the corporation, features and peculiarities, varieties of the executive body (sole and collegial), the competence of the latter and other problematic issues of scientific interest were investigated. In addition, the article identified and discussed issues related to the company's current activities, normal economic activity, management issues, requirements, conditions, restrictions (incompatibility requirements), powers related to the members of the executive body and the nature of contracts concluded with the executive body. At the same time, the article reveals the essence and features of the executive body of venture joint-stock companies, among other things, the subject of discussion were the rights to manage the executive body of venture joint-stock companies, approval of the head of the executive body elected/appointed by venture investors, a special executive body and other qualities inherent in it. As a generalization of the above, it is proposed to localize the mechanisms of the executive body of venture joint-stock companies and improve the legislation of the Republic of Armenia, which will create a favorable investment environment and attract foreign investment.

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ARSEN KAGHKTSYAN

Head of the Department of Social and Legal Support, Department of Military Discipline and

Social and Legal Support of the Department of Moral and Psychological Support of the Armed

Forces of the Republic of Armenia,

Lieutenant Colonel Arsen Kaghktsyan, RAU Applicant

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-24

Annotation.

The article deals with theoretical and legal issues related to the definition of the essence and content of the sources of military law of the Republic of Armenia, covering only a part of the surviving materials on the centuries-old history of the Armenian army. On the basis of a historical excursion and the genesis of military law as a science, a list of types of sources of military law of the Republic of Armenia is substantiated, including, among other things, those that were not mentioned earlier in the national legal science. Some considerations are expressed regarding the prospects for the development of military law as a science, including as a subject of dissertation research. This work is relevant for the modern science of military law, which is a significant contribution to legal science and fills the existing gap in knowledge in the field of state and military construction, military art and military law.

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