NAZELI TER-PETROSYAN

Head of “De Jure Consulting” Law and Mediation Firm,

President of “De Jure” Human Rights NGO,

Lecturer at M. Mashtots University

DOI: https://doi.org/10.59546/18290744-2025.4-6-75

 

Annotation.

The article is devoted to the peculiarities of procurement disputes examined in the special claim proceedings of the civil procedure of the Republic of Armenia.

Procurement disputes relate to procurement procedures established both by the legislation of the Republic of Armenia and by international treaties.

It should also be noted that the mentioned procedures differ from each other in the peculiarities of special rules.

The article analyzes the procedures for concluding, approving, ratifying international treaties, and the obligation to implement the procurement processes arising from them through international procedures.

Examples of agreements concluded between the Republic of Armenia and various international organizations regarding the development of a number of sectors are presented, which clearly define the forms of implementation of procurement procedures.

At the same time, reference is made to the differences between state procurement and procurement procedures implemented by international documents, as well as the peculiarities of examining disputes regarding them, which are regulated within the framework of the Civil Procedure Code of the Republic of Armenia. Considering that the Civil Procedure Code of the Republic of Armenia establishes a special claim procedure for the examination of disputes under state procurement procedures, this article also presents cases of examination of procurement disputes under the general claim procedure, which differ from it. At the same time, it was proposed to consider the need to develop legislative amendments or supplements that would provide for a single unified procedure for the examination of procurement disputes of any type and procedure in general, or another regulation that differs from the general claim procedure for procurement disputes under international procedures.

PDF

NARINE ARAKELYAN

PhD student at YSU Chair of Civil Law,

Chief specialist of the Legal Expertise Service of

the Cassation Court of Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2025.4-6-66

 

Annotation.

The article is devoted to the identification of subjects of construction law and their separation.

The author, having studied the legal experience of foreign countries, presented the peculiarities of the construction law and, in general, the participants in construction legal relations, and noted that the legislation of the Republic of Armenia does not separate the statuses of subjects participating in construction legal relations. The absence of such separation causes confusion in the issue of distinguishing these subjects, since the RA legislator, using the concept of “developer”, actually includes in it also a specialized developer constructing a multi-apartment residential building, a person implementing construction on his own land plot, and a person having the right to construction.

In order to clarify the mentioned problem, the author, based on the research and analysis conducted in the article, presented her point of view on the existing legislative regulations, presented certain proposals aimed at their improvement. In particular, she presented the criteria for distinguishing these entities, made certain proposals for distinguishing these entities through legislative legal regulations. Through the legislative proposals presented in the article, it will be possible to distinguish different entities participating in construction legal relations, clearly fixing the status of the latter, as well as the scope of legislative norms applicable to them, which will allow for legislative regulations in accordance with legal certainty.

PDF

ARPINE HOVHANNISYAN

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

PhD, Associate Professor

MARIAM AYVAZYAN

LLM

DOI: https://doi.org/10.59546/18290744-2025.4-6-56

 

Annotation.

The article aims to examine the specific features of the protection of performers’ moral rights in the context of the legislation of the Republic of Armenia and international legal instruments, considering the ways these rights are implemented and the current challenges they face. The relevance of the research lies in the fact that the recognition of performers’ moral rights at the international level remains a relatively recent phenomenon, and their application varies depending on the legal system in question.

Within the scope of the research, questions have been addressed regarding how to balance the right of attribution with the practical challenges of performance reproduction. In this regard, attention is drawn to situations where it is practically impossible to indicate the names of all performers at the time of the performance.

Simultaneously, the study analyzes the particularities of defining the right of integrity within the framework of international treaties, specifically in the context of the provisions of the WIPO Performances and Phonograms Treaty (WPPT) and the Beijing Treaty on Audiovisual Performances. The article argues that the Armenian legal system should adopt an integrated approach that incorporates the terminology and conceptual framework set forth in the above mentioned international instruments.

Ultimately, the article concludes that, in addition to the rights of attribution and integrity performers should also be granted the rights to disclose and withdraw their performances.

PDF

EVA SAGHOYAN

Advisor to the Prosecutor General of the Republic of Armenia,

Lecturer at the Chair of Civil Law, Faculty of Law,

Yerevan State University

DOI: https://doi.org/10.59546/18290744-2025.4-6-47

 

Annotation.

The article discusses bases for the exclusion of civil liability of subjects of tourism activity for the rendering of services, included in the package tour, in the light of the regulations of the new RA Law “On Tourism”, EU tourism legislation, as well as the general provisions of civil legislation. The author comes to the conclusion that in addition to the force majeure circumstances, provided for by the Civil Code of the Republic of Armenia, it is also necessary to stipulate special bases for the release of subjects of tourism activity from civil liability, such as non-fulfillment of an obligation because of reasons, related to the consumer, as well as causing damages to the consumer for reasons not related to the contractual obligation of providing tourist services included in the tourist package (tour).

PDF

SIRO AMIRKHANYAN

Chief Compulsory Enforcement Officer of the RA,

PhD Student at YSU Chair of Civil Law

DOI: https://doi.org/10.59546/18290744-2025.4-6-34

 

Annotation.

Despite the fact that the legislation of the Republic of Armenia enshrines the category of legal entities of public law, only communities and inter-community associations have such a status. The relevance of the topic is due to the fact that the legal consolidation of the category of legal entities of public law in the legislation of the Republic of Armenia should also lead to a more complete definition of their types. Based on the legal regulations in force in the Republic of Armenia and abroad and the works of a number of legal scholars, it has been substantiated that the Central Bank of the Republic of Armenia should be a legal entity of public law, since the provisions of civil legislation do not apply to its establishment, it has administrative powers, has public legal personality, and also participates in civil law relations as a legal entity. In addition, it has been substantiated that legal entities of public law should be budgetary institutions through which the state and the community provide public services, as well as non-profit organizations established and controlled by public-law formations (state non-profit organizations, foundations established by the state or the central bank, etc.), as well as self-regulatory organizations operating on the basis of the principle of mandatory membership (professional unions), since the study conducted indicates that non-profit organizations established by the state or community on the basis of separate legal acts, as well as professional unions that are not established on the basis of voluntariness, independence and cannot be identified with private law legal entities based on the principles of dispositivity.

PDF

LILIT VARAGYAN

Applicant at the Chair of Constitutional Law

of the Faculty of Law of Yerevan State University,

Lawyer of the Legal Department

of the Central Electoral Commission

DOI: https://doi.org/10.59546/18290744-2025.4-6-20

 

Annotation.

The article examines the current issues of administration and administrative proceedings carried out in precinct electoral commissions. Substantiations are provided to show that precinct electoral commissions also serve as bodies conducting administration and administrative proceedings, and that these proceedings carried out in precinct electoral commissions are carried out with the peculiarities characteristic of the functions of precinct electoral commissions.

Within the framework of the article, the role of precinct electoral commissions in a three-tier system of electoral commissions is studied. The status of the latter as both a state and an administrative body is clarified based on the research and views of various scholars. Shortcomings in the electoral legislation in this context are identified, and corresponding solutions are proposed. The article addresses the principles of activities of the electoral commissions, the powers of the precinct electoral commissions, the procedure for appointing their members, the criteria presented to commission members, and the shortcomings in the legislation, while also proposing mechanisms for their solution.

In order to study the advantages and disadvantages of the above-mentioned peculiarities, comprehensive research is conducted on the relationship between administrative proceedings and administration carried out in precinct electoral commissions. The analysis of the results of the conducted research reflected positions and presented proposals for possible amendments to the electoral legislation related to the mentioned issue, with the aim of resolving existing issues and providing reasonable clarification.

PDF

Այլ հոդվածներ …