HAYKUSH HAROYAN

PhD Student at the Chair of Criminal Procedure and Criminology,

Faculty of Law, Yerevan State University,

Assistant to the Judge at the Anti-Corruption Court of Armenia

DOI: https://doi.org/10.59546/18290744-2025.4-6-113

 

Annotation.

The aim of the article is to analyze several issues related to the legal norms regulating the grounds and conditions for applying the special procedure of trial through the plea bargaining process, as provided by the Criminal Procedure Code of the Republic of Armenia (RA). The practical significance of this work lies in the fact that it identifies and examines the existing shortcomings and problematic aspects of the legal norms and mechanisms governing the plea bargaining process as stipulated in parts 1 and 2 of Article 458 of the RA Criminal Procedure Code. Based on this, conclusions and recommendations are made.

In this regard, the article is relevant, as the conclusions and proposals presented may serve as a theoretical source on the “plea bargaining procedure” institute.

The article discusses issues such as shifting the decision on continuing a case through the plea bargaining procedure to an earlier stage of criminal proceedings, establishing other circumstances that exclude the application of plea bargaining, in particular, introducing a limitation that the procedure can be applied only once with respect to the same person, among others.

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ZORAYR HARUTYUNYAN

Advocate, Member of the Chamber of Advocates of the Republic of Armenia,

PhD in Law

DOI: https://doi.org/10.59546/18290744-2025.4-6-104

 

Annotation.

This scientific article explores the right of individuals whose fundamental right to liberty was restricted due to coercive measures applied during criminal proceedings and who were subsequently acquitted to seek compensation for non-pecuniary damage. It examines the procedures and conditions governing such compensation arising from violations of fundamental rights and wrongful convictions, analyzes the established judicial practice on the matter, and evaluates the effectiveness of legislative mechanisms designed to ensure the enforcement of this compensation. The analysis of well-established case law, as set forth by the Cassation Court of the Republic of Armenia and the European Court of Human Rights, facilitates the identification of distinctive features of domestic legal regulation in Armenia, as well as the specific characteristics of compensation for the non-pecuniary damage under consideration. Particular attention is devoted to issues related to violations of the right to a trial within a reasonable time in civil cases initiated by claims for compensation of non-pecuniary damage resulting from fundamental rights violations. Based on a comprehensive review of Armenian legislation and judicial practice, this article identifies the problem of inefficiency in the procedures and mechanisms established for realizing the right to compensation for non-pecuniary damage, the recognition of which constitutes its primary objective.

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ARMAN BABAKHANYAN

Judge of the Court of First Instance of General Jurisdiction of Armavir Province of the RA,

Lecturer at the Chair of Criminal Law of YSU

DOI: https://doi.org/10.59546/18290744-2025.4-6-84

 

Annotation.

This article is dedicated to some key issues in the criminal-legal fight against the participants of the thieves’ world and persons associated with it. In the article, the author referred to some issues of the objective side, the subjective side, the negative characteristic of the corpus delicti provided for in Article 324 of the Criminal Code of the Republic of Armenia, as well as some issues of exemption from criminal liability in cases of positive post-criminal behavior, because some of the approaches taken by the legislator in relation to them are problematic, which is why this research is so relevant.

As a result, the author came to the conclusion that instead of being involved in the implementation of the goals pursued by the thieves’ world, it is necessary to provide for criminal liability for being involved in the activities of the thieves’ world and to provide for it in a separate article. In addition, the author found that there is no need to provide for the organization of a gathering of the thieves’ world or participation in it as separate manifestations of the objective side in the Criminal Code of the Republic of Armenia.

The author also presented proposals aimed at improving the negative characteristic of the corpus delicti provided for in Article 324 of the Criminal Code of the RA, as well as providing imperative incentive norms exempting from criminal liability on the condition of demonstrating positive post-crime behavior in Articles 324-325 of the Criminal Code of the RA.

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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.

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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.

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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.

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