ROZA ABRAHAMYAN

Lecturer at YSU Chair of Criminal Law

DOI: https://doi.org/10.59546/18290744-2024.7-9-92

 

Annotation.

An attempt the article was made to adopt criminal law guarantees, firstly, as a positive normative system (a category of legislative regulation), and secondly, in connection with the adoption of a decision in the public assembly (under the constitution, criminal law guarantees), as a new direction of criminal -legal thought the formation of a socially just purpose of law. As a result, a theoretical model-concept "On Criminal Legal Guarantees" was compiled, which allows forming in the whole institution of criminal legal guarantees and the norms that form it, linking the norms-guarantees with each other, with other norms and institutions and basic provisions, management concepts. legislation in the framework of the criminal law guarantees.

It is necessary to pay attention to legal guarantees of ensuring the freedom of convicted persons. These guarantees are of particular importance when serving a prison sentence. In this case, it is necessary to take into account the different legal content of «legal guarantees».

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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 the National Academy of

Sciences of the Republic of Armenia,

Lecturer at Eurasia International University

DOI: https://doi.org/10.59546/18290744-2024.7-9-85

 

Annotation. 

Statistical data show that in recent years there has been a negative criminological trend – cases of theft using information and communication technologies have become more frequent, which determines the need to study this problem.

The results of the author’s research indicate that the typical mechanisms of theft carried out using information and communication technologies are obtaining access to Idram wallets, bank card data and the victim’s funds by various means of deception or abuse of trust. It is obvious that the main role in the mechanism of the crimes under discussion, as a rule, belongs to the victim factor. In other words, the commission of these crimes largely determines the personal and behavioral characteristics of the victim, and sometimes the nature of the relationship with the perpetrator. In addition to the victim factor, the commission of the crimes in question is facilitated by the limited technical capabilities of law enforcement agencies.

In the direction of special prevention of the crimes under consideration, the author proposes to resolve the issue of technical re-equipment of law enforcement agencies, provide access to relevant applications, monitor the information space of the Republic of Armenia, promptly identify relevant information of illegal content on the Internet and adequately respond to it.

In order to victimological prevention, it is necessary to hold seminars, discussions and other events among the population on victimological issues of these crimes, carry out media publications of appropriate content, organize victimological and educational classes in educational institutions, conduct explanatory events by law enforcement agencies.

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NAREK HARUTYUNYAN

Applicant at YSU Chair of Criminal Law,

Senior Investigator of the 1st Investigation Division of Kentron and

Nork-Marash Administrative Districts of the Investigation

Department of Yerevan City of the RA Investigative Committee,

3-rd Class Counselor

DOI: https://doi.org/10.59546/18290744-2024.7-9-73

 

Annotation.

The article discusses issues related to the characteristics of subjective signs of organizing illegal migration. It is noted that the subject of the crime under Art. 470 of the Criminal Code of the Republic of Armenia, any sane person who has reached the age of 16 years. In addition, it is emphasized that, in accordance with the provisions of the current criminal legislation of the Republic of Armenia, when committing this crime, the question of criminal liability of legal entities may also arise.

Within the framework of the study, special attention is also paid to the subjective side of the organization of illegal migration. In this regard, it is noted that this crime is characterized by direct intent and selfish purpose.

The author also draws special attention to the fact that in the RA Criminal Code, the legislator uses different terminology to denote the meaning of “self-interest,” which is unacceptable. In this regard, it is proposed to provide for the committing of an act out of selfishness or other personal or group interest as a mandatory feature of the subjective side of the organization of illegal migration.

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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

HRAYR AGHAVELYAN

4th year student at the Institute of Law of the Faculty

of Law of the Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2024.7-9-64

 

Annotation.

Currently, the rapid development of the latest biomedical technologies puts on the agenda the need for their proper legislative regulation. One of these technologies is human cloning, which raises a number of ethical and legal issues. Unfortunately, at present, the criminal legislation of the Republic of Armenia, unlike the legislation of a number of foreign countries, provides for criminal liability only for reproductive cloning, thereby leaving therapeutic cloning outside the scope of criminal protection. In this article, based on the analysis of international legal acts regulating cloning issues, studying the positive foreign experience of legislative regulation, the authors attempt to analyze cloning and present their vision of its criminal legal regulation. In connection with the above, the authors raise the issue of insufficient criminal law regulation of the ethical and legal aspects of cloning. In particular, noting the importance of observing the principle of protecting human dignity, the authors point to the expediency of criminalization and therapeutic cloning, in which the obtained embryonic stem cells are used for the purpose of reproduction and cultivation of new organs. The authors point out the inadmissibility of the destruction of the embryo and its use for any purpose.

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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/10.59546/18290744-2024.7-9-49

 

Annotation.

The article is devoted to the tendencies of spreading criminal subculture as a unique social phenomenon in the Republic of Armenia. Criminal subculture as a social phenomenon in the Republic of Armenia has a long history, during which, having undergone certain changes, it continues to exist and still does not give up its position. Having studied various domestic and international socio-legal studies on the existence of criminal subculture in the Republic of Armenia, we came to the conclusion that criminal subculture in the Republic of Armenia is widespread in various strata of society, including among persons deprived of liberty in penitentiary institutions, among minors, in the Armed Forces of the Republic of Armenia.

As a result, we have found that the influence of criminal subculture on the society of the Republic of Armenia, the diversity and prevalence of its manifestations testify to the high degree of danger of manifestations of criminal subculture. In such conditions, without criminal law instruments, we think it would not be effective to fight the discussed subculture exclusively by other legal means (for example, by applying administrative penalties within the framework of administrative law, confiscation of property of illegal origin within the framework of civil law, use of penalties within the framework of law enforcement rights). Therefore, criminal law tools are an important guarantee of an effective legal fight against criminal subculture.

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MELIK MELIKYAN

Acting Chief Expert of the Legal Expertise

Service of the Cassation Court of Republic of Armenia,

Applicant at the Chair of

Criminal Law of YSU Faculty of Law

DOI: https://doi.org/10.59546/18290744-2024.7-9-33

 

Annotaion.

Provocation of a crime is a phenomenon that has its own place in criminal law, and even in the conditions of rich experience formed around it, in legislations, judicial precedents, doctrines of different countries, has various, often contradictory manifestations.

It is noteworthy that the current RA Criminal Code, adopted on May 5, 2021, did not leave out the provisions on the provocation of the crime, as a result of which new horizons were created for the development of the law in this regard and for carrying out further work on targeted application in practical terms.

An integral part of the theoretical and practical legal base formed around the provocation of a crime is also the reflections of the phenomenon discussed in the circumstances excluding criminal responsibility, exempting from criminal responsibility and mitigating criminal responsibility or punishment, which are correlated with other categories known in criminal law, making the research of the selected topic relevant.

In that context, in order to improve the legal regulation of crime provocation by intertwining the legal regulations of domestic and foreign countries, the positions expressed in the case law of the European Court of Human Rights, the Cassation court of RA and the legal theses in a number of theoretical doctrines, it is necessary to highlight the possible gaps and from the point of view of their solution. to come up with scientifically substantiated conclusions and proposals, which are precisely the goals of the chosen topic.

As a result of the work done, with the implementation of the above-mentioned goals, it was possible to show the problems that exist in various criminal law aspects within the framework of the topic, while coming up with appropriate documentation and proposals aimed at solving the existing problems, including legislative amendments and additions, thus adding to the results of the work done theoretically and conveying high importance in practical terms.

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