VARAZDAT SUKIASYAN

PhD in Law,

Lecturer at the Department of Criminal Law and Criminal Procedure

Law Institute of Law and Politics of the Russian-Armenian University

ADELINA SARGSYAN

PhD in Law,

Lecturer at the Department of Criminal Law and Criminal Procedure

Law Institute of Law and Politics of the Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2025.7-9-94

Annotation.

This article has analyzed in detail the cases of the use of general principles of law and principles of national law in the decisions of international criminal courts and tribunals. It has shown the cases when international criminal courts and tribunals have based themselves on principles of national law and then turned them into principles of general law. Particular attention has been paid to the phased process of the transfer of legal principles.

The article concludes that international criminal courts and tribunals have confirmed the existence, content, and scope of general principles of law not only by resorting to the usual auxiliary means of determining the norms of international law (i.e., by referring to the decisions of international courts and tribunals) but also by deriving them directly from national legal systems.

The complex legal nature of international criminal law, its changing nature, and dynamic pace of development actualize the importance and necessity of studying general principles of law, their applicability in national legislation, and their possibilities to fill existing gaps. The role of general principles of law in the formation of uniform practice of international criminal courts and tribunals, as well as in ensuring respect for inalienable rights and free of charge: The authors address the application of the provisions of international criminal law in national criminal law and the possible difficulties of this process. Despite the correct statement that the transfer of the principles of national law to the international plane should not be mechanical, it is also true that international criminal courts and tribunals have rarely refused to apply the principles of national law to international criminal law due to their incompatibility. Even if the warnings of the International Criminal Court in the case of the former Yugoslavia on mechanical transportation sometimes seem exaggerated or erroneous, it is nevertheless true that the transfer of the general principles of national law to the international dimension should be carried out with caution. It is extremely important to constantly monitor the practice of international criminal courts and further study the general principles of law in order to increase the effectiveness of criminal justice in combating international crimes.

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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 National Academy of

Sciences of the Republic of Armenia,

Lecturer of the Department of Law at

Eurasia International University

DOI: https://doi.org/10.59546/18290744-2025.7-9-86

Annotation.

The criminological significance of the manifestation in reality of objective signs of certain types of crimes is due to the possibility of determining tactics and features of preventive measures. This is especially pronounced in relation to computer theft.

Analyzing the object and predicate of the crime, the author notes that these signs distinguish computer theft from crimes against the security of a computer system and computer data, and therefore determine the differentiation of preventive measures for these types of crimes.

Turning to the stages of criminal activity, the author emphasizes that persuasion can be effective at the stage of preparation of a crime, coercion at the stage of an attempt, and in the case of an ongoing crime, when some of the acts included in the general intent have already been committed, both persuasion and coercion can be used to prevent the remaining episodes.

Analyzing the methods of committing computer theft, the author argues that the crime in question differs from other types of theft in the ways it is committed, which in turn is the basis for the differentiated implementation of preventive measures. In addition, the methods of computer theft find their manifestation in specific criminological situations, which were analyzed by the author. Knowledge of these situations should be the basis for organizing the prevention of this crime.

Revealing the characteristics of the means of computer theft, the author notes that the choice of preventive measures and tactics is determined by the type of means.

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VIRAB HAMBARDZUMAYN

Lecturer at Yerevan State University,

Chair of Criminal Law

DOI: https://doi.org/10.59546/18290744-2025.7-9-64

Annotation.

Although weapons play an important role and are important in maintaining law and order, protecting human rights and ensuring security, they are often used to violate human rights.

In accordance with international human rights law, states are required to ensure the proper protection of human rights, which, among other things, implies the obligation to prevent and suppress actions by private individuals aimed at impeding the realization of these rights.

Despite the fact that the national legislation of the Republic of Armenia regulating arms trafficking generally complies with international standards and does not contradict the provisions of international documents, an analysis of the current legislation shows that a number of key issues remain unresolved or have not been fully resolved. This article is devoted to the study of these problems.

Based on the results of the study, it is proposed to revise the legal provisions concerning the licensing system provided for by the RA Law “On Regulation of Arms Trafficking”, taking into account the need for more effective protection of fundamental human rights. In addition, it is proposed to supplement the Code of Administrative Offences with new offences providing for administrative liability for violations of legally established restrictions and prohibitions on arms trafficking.

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MARIAM MANUKYAN

Master of Law,

Member of the RA Chamber of Advocates, Advocate

DOI: https://doi.org/10.59546/18290744-2025.7-9-51

Annotation.

Within the framework of the scientific research, an attempt is made to reveal the legal features and factual possibility of application of one of the powers of the RA Civil Court of Appeal - the power to establish a new fact or factual circumstance.

In particular, by discussing the issue of the legal possibility of the RA Civil Court of Appeal to establish any fact at its own discretion, regardless of the evidence examined by the court of first instance, or to establish any factual circumstance, regardless of the factual circumstances established by the court of first instance, if this arises from the interests of the efficiency of justice. We have attempted to present the scope of discretion of the RA Civil Court of Appeal (hereinafter also referred to as the Court of Appeal) in the choice of its powers.

The relevance of the research is conditioned by the developing legal practice, the diversity of the powers of the Court of Appeal and the complexity of their content.

The main goals of this work are:

• As a result of a systematic analysis, to identify the criteria for choosing the powers of the RA Court of Appeal and their features,

• Conduct a legal analysis, identifying the legal specifics and factual possibility of application of the authority to establish a new fact or factual circumstance,

• Analyze in detail the nature and content of the legislative formulations of the Court of Appeal’s determination of a new fact based on the evidence examined by the lower court or the determination of a fact established by the court as unestablished, as well as the factual circumstances established by the court of first instance.

• Presentation of broad and narrow interpretations of specific articles of the RA legislation, their disclosure and justification.

• Identification and justification of comments aimed at overcoming legal uncertainty.

Problems of the scientific paper answered the following questions:

1.Does the RA Civil Court of Appeal have the legal ability to establish any fact at its own discretion, regardless of the evidence examined by the court of first instance, or to establish any factual circumstance, regardless of the factual circumstances established by the court of first instance, if this arises from the interests of the efficiency of justice?

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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