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.

PDF

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.

PDF

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.

PDF

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.

PDF

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.

PDF

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.

PDF

Այլ հոդվածներ …