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/10.59546/18290744-2024.10-12-59

 

Annotation. 

The article analyzes the security measures applied to legal entities in the criminal procedure legislation of the Republic of Armenia. These measures are aimed at preventing criminal activity, preserving evidence and ensuring compensation for damage. The article examines legislative innovations, including seizure of property, restriction of activities and other instruments. The author identifies a number of gaps in the legislation, which creates risks of abuse and legal uncertainty. The need for a balanced approach to the application of measures that minimizes their impact on the economic activities of legal entities is emphasized.

The author highlights the differences between interim measures applied in criminal proceedings and similar measures in civil and administrative proceedings, emphasizing their preventive and protective nature. The legal grounds for applying these measures, their procedural aspects, and the conditions under which they become necessary are examined.

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INGA AVAGYAN

‘‘Private Legal Center’’ Law Firm, Founding Director, Advocate,

Applicant at ‘‘Gladzor’’ University

DOI: https://doi.org/10.59546/18290744-2024.10-12-48

 

Annotation.

Each piece of evidence, from the point of view of reliability, must be assessed in the totality of all the evidence presented with a comprehensive and detailed assessment of the sources of factual data and prove the entire process of constructing evidence. The final decision on the reliability of evidence can be made as a result of comparing its content with information from other sources. In order to assess the reliability of a certain fact obtained from one source or another, it is necessary to analyze the content of the information received, compare it with other evidence, find out their compliance or contradiction, and in case of contradiction, identify the reasons for the discrepancy. Summarizing the powers granted to the defense attorney in criminal procedure, we come to the conclusion that any evidence obtained by the defense attorney is proper in terms of admissibility, reliability, relevance and should be used as the basis for the preliminary investigation by the investigating authority when making a final decision during the preliminary investigation in criminal proceedings, but on the other hand, there is a legislative gap, which consists in the fact that the protocol of private interrogation of the witness and victim participating in the criminal process may contradict the content of the testimony obtained by the inquiry authority, and in this case, are they proper evidence or not?

The procedural order and methods of obtaining evidence by the lawyer are also a legislative gap.

It is important to emphasize and highlight the gap, which consists in the fact that the motions filed by the defense attorney during the preliminary investigation of a specific criminal case, which will be aimed at obtaining evidence or attaching already obtained evidence to the criminal process, are also not regulated, and are actually implemented at the discretion of the body conducting the proceedings, as a result of which the defendant's right to defense may be violated, and in order to avoid this, it is proposed to include in the Criminal Procedure Code a norm according to which motions to obtain or attach obtained evidence, certain circumstances and requirements of the law and / or justified and essential for making a final decision are an obligation and should be included in the scope of judicial guarantees of the legality of pre-trial proceedings.

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ARMAN BABAKHANYAN

Assistant to the Judge of the Criminal Chamber of the RA Cassation Court,

Lecturer at YSU Chair of Criminal Law

DOI: https://doi.org/10.59546/18290744-2024.10-12-38

 

Annotation.

The article is dedicated to some issues of legislative fixation of the terms characterizing the criminal subculture, the reference to which is of essential importance during the study of the issues related to the criminal legal norms necessary to fight against the criminal subculture.

In particular, in the article, the author referred to the question of the relationship between the subculture described in Article 238 of the Criminal Code of the Republic of Armenia and the criminal subculture. As a result, the author came to the conclusion that these terms are not equivalent and these subcultures are related as whole and part.

In addition, the author, developing the previously expressed positions, found that at the legislative level, it is permissible not only to use terms characterizing the status of members of the thieves’ world but also to use other terms used in the thieves’ world. At the same time, the author has made an attempt to clarify the limits of the admissibility of the use of thieves’ speech, the terms used in the thief’s world, at the legislative level, finding that their use is permissible only as the last, exceptional measure (ultima ratio), when there are no terms expressing the essence of the phenomena and statuses related to the criminal subculture in the literary speech, and only in the case when these terms do not demean the honor and dignity of a person.

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LUSINE ALEKSANYAN

Leading specialist of the Expertise-Analytic Division of

the Legal-Advisory Department of

Staff of the Constitutional Court of the Republic of Armenia,

First-year PhD student of

the Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2024.10-12-25

 

Anotation. 

The relevance of the issue raised is due to the “disorderly” behavior of the RA State Revenue Committee, in particular, despite the existence of an Administrative Court decision that has already entered into force to invalidate an act of a tax authority on the basis of a violation of procedural legal norms, the latter “duplicates” the circumstances of the case and initiates a new (double) administration in order to “correct” the mistakes made in the primary production of errors. Despite the fact that after the recognition of an act of a tax authority as invalid on the basis of a violation of a procedural legal norm, the tax obligation continues to exist in objective reality, there are no mechanisms at the legislative level for collecting an outstanding tax obligation without double administration, that is, without an inevitable violation of the principle of non bis in idem.

The author pays special attention to the problems related to the impossibility of collecting tax obligations that arose both by virtue of the law and as a result of tax administration, as a result of the recognition of an act of a tax authority as invalid on the basis of violation of the constitutional right of a person to be heard and the legal consequences resulting from this, suggests possible legislative solutions aimed at resolving the raised problem.

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LILIT FANARJYAN

“Yerqaghluys” CJSC,

Advisor to the Director, Advocate

DOI: https://doi.org/10.59546/18290744-2024.10-12-10

 

Annotation.

The article focuses on the complexity of the structure of the legal system and its dynamic nature. It mention that the legal system is composed of diverse and interconnected components, which include positive law, law formation, application and legal consciousness. Together, these components form a system that must be considered as a whole in order to exert a legal influence on society.

The legal system is considered an “open” system, as it constantly interacts with the external environment, including social, economic and cultural factors. The external environment can have both a supportive and a suppressive effect on the legal system, which leads to the dynamic development of the system.

It is also mentioned that the legal system cannot contain only positive, ideal principles: it also includes negative legal phenomena (for example, crime, violations), which are considered part of legal life, but are not means of legal regulation. The legal system adapts to changing social and political conditions, therefore its structure and components are constantly undergoing changes to meet new social requirements.

In general, the legal system is viewed as a changing, evolving system, where each component is important for the effective functioning of the entire system.

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GAGIK HAMBARDZUMYAN

Applicant of the Institute of Philosophy,

Sociology and Law of the National Academy

of Sciences of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2024.10-12-3

 

Annotation.

This article thoroughly discusses the issues related to the typology of legal understanding in modern conceptual approaches to law. In the modern conceptual approaches to law, many and diverse types are distinguished, each of which reveals one or another qualitative characteristic of law in its own way. The position of the author of the article is the jurisprudence, according to which the right is considered exclusively from a juridical point of view and not from a sociological or moral point of view. Based on the results of the examination analysis, the following types of modern legal understanding are distinguished in the article: normative, sociological, legalistic, natural law, and liberal-legal integrative.

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