SUREN BAGHINYAN

PhD student at YSU Chair of Criminal Procedure and Criminalistics

DOI: https://doi.org/10.59546/18290744-2024.4-6-79

 

Annotation.

In this article the author touches one of the most important underlying problems of forensic science: the characteristics of the investigative examination of document in the proceedings of high treason.

The investigative examination of document has a key importance in investigatory actions during the criminal proceedings of high treason cases.

The significance of the investigative examination of document for such kind of proceedings is due to the circumstances, that, as a rule, information as a direct object of high treason is vested in documents, in other words, it is conveyed in the form of document.

The author first of all shows the meaning of these investigatory actions, then from the perspective of completeness of the research, touches the concept of document, examines its procedural criminal, as well as forensic aspects.

By analysing different specialists’ approaches, the author concludes, that documents that have paper format are most commonly targeted in such cases, and in this context he separates the sysytem of strategic methods of investigative examination of documents classifying them as paper format and no paper format (electronic).

The author indicates that in such proceedings during the investigative examination of documents from the persepective of its strategic effectiveness, it is important to consider those conditions and regulations that are set by legislation specially for the secret workflow.

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NAIRA ZOHRABYAN

PhD in Law, Associate Professor,

Head of the Department of Criminal Law and Criminal Procedure Law,

Institute of Law and Politics of the Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2024.4-6-72

 

Annotation.

The article considers doctrinal approaches to the definition of competition of criminal law norms, the ratio of conflict and competition in criminal law. The types of competition, the causes of its occurrence, as well as ways to overcome it are also analyzed. The author focused on some types of competition of criminal law norms that have a significant impact on the qualification of a crime. In the framework of this study, the author paid special attention to the competition between general and special norms and competition between parts and the whole, with an analysis of scientific approaches and law enforcement practice. Summarizing the opinions of scientists, the author also analyzed the competition of special norms. The author’s proposals for improving criminal legislation contribute to the uniform application of criminal law norms and the establishment of unified practice.

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HRIPSIME KHACHATRYAN

PhD, Associate Professor, Police Lieutenant Colonel,

Head of the Department of Criminal Law and Criminology of the Educational

Complex of the Ministry of Internal Affairs of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2024.4-6-62

 

Annotation.

The author devoted his work to a comparative legal analysis of the issue of importance for the prevention of juvenile delinquency and the resocialization of juveniles, and compulsory educational measures in the context of the former and current criminal codes.

As a result of the conducted research, quantitative and qualitative changes in compulsory educational measures were touched upon, and the positive and negative meanings of these changes were discussed. In particular, the current legislation provides for five compulsory educational measures instead of the previous four, in addition, warning as a compulsory educational measure is generally excluded, and the remaining three are either supplemented or modified in content. Two new measures were envisaged: completion of studies, continuation of studies, admission to work through the mediation of a municipality and participation in a special educational, sports, cultural or social program or event or rehabilitation program in a rehabilitation institution. The first measure was not envisaged for by previous legislation as an independent measure, but was applied in the context of restricting leisure freedom and establishing special requirements for the behavior of juveniles, and the second measure is an innovation in the legislation of the RA.

The results of the study were summarized by the author in the format of conclusions and suggestions of practical importance.

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ADELINA SARGSYAN

PhD in Law,

Lecturer of the Department of Criminal Law and

Criminal Procedure Law of the

Institute of Law and Politics of the Russian-Armenian University

ANUSH HAKOBYAN

PhD in Law,

Lecturer of the Department of Criminal Law and

Criminal Procedure Law of the

Institute of Law and Politics of the Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2024.4-6-49

 

Annotation.

This article provides criminal-legal and criminological characteristics of the subjective side of iatrogenic crimes committed by medical workers. Based on the analysis of various academic works and judicial practice of the Republic of Armenia, it is concluded that the crimes committed by medical workers, as a rule, are based on negligence. At the same time, it is noted that there is an increased degree of public danger of crimes committed due to the frivolity of medical workers. It is concluded that it is necessary to consolidate the norm of careless co-infliction of harm as a result of consistent actions of medical workers. Materials from judicial practice on iatrogenic crimes, the results of sociological surveys conducted in various regions of the Republic of Armenia served as the empirical basis for the study.

The authors put forward a proposal regarding the consolidation in the Criminal Code of the Republic of Armenia of one of the main manifestations of negligence of medical workers, namely, professional ignorance, characterized by a person’s lack of relevant professional knowledge, skills, and abilities.

Taking into account the lack of special knowledge in the field of medicine among law enforcement officers and the difficulties encountered in the investigation of iatrogenic crimes, the authors proposed the organization of professional retraining courses for investigators, as well as the creation of specialized units for the investigation of iatrogenic 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 Law Department at Eurasia International University

DOI: https://doi.org/10.59546/18290744-2024.4-6-41

 

Annotation.

The development and widespread use of information and communication technologies, the possibility of online banking transactions have led to an increase in the number of computer thefts, which is inevitably due to the victimological factor.

As a result of the conducted research, the author was able to identify the personal and behavioral characteristics of victims of computer theft, the nature of the relationship with the victim and the perpetrator. Thus, the personal characteristics of the victims are gullibility, imprudence, frivolity, low ability to use information technology. In accordance with these personal characteristics, victims in a particular situation, as a rule, demonstrate an inability to correctly assess the situation, are misled, and sometimes thoughtlessly establish dangerous connections. In most cases, the perpetrator and the victim are not related in any way. Rarely do they have a relationship that developed before the crime was committed.

Taking into account the above, in the author‘s opinion, in order to general victimological prevention of the computer theft, 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 activities in schools and other educational institutions, and conduct explanatory work by law enforcement agencies measures of acceptance.

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MARIAM MANUKYAN

Master of Law,

Member of the RA Chamber of Advocates, Advocate

DOI: https://doi.org/10.59546/18290744-2024.4-6-30

 

Annotation.

Within the framework of scientific research, an attempt is made to determine the existing criteria for assessing whether the judicial acts of the lower court are incomplete or unfounded or justified, and to propose new criteria that will be more targeted/relevant in each specific case.

And also in this context, to present the scope of discretion of the RA Civil Court of Appeal (hereinafter also the Court of Appeal) in the matter of choosing its powers and answer the following question: does the Court of Appeal have legislative duties and/or should not have them in terms of justifying the choice of its own powers.

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 by defining the existing criteria for assessing whether the judicial acts of the lower court are incomplete or improperly substantiated or justified.

• Propose new criteria for assessing whether the judicial acts of the lower court are incomplete or unfounded or justified, which would be more targeted/relevant in each specific case.

• 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. What are the existing criteria for assessing whether the judicial acts of the lower court are incomplete or unfounded or justified? Are the existing criteria sufficient for such an assessment.

2. Is the discretion of the Court of Appeals of the Republic of Armenia absolute in the matter of the selection of powers defined by the Civil Procedure Code of the Republic of Armenia, in the event that a specific power may be applied (there is a legal possibility) in the context of the factual circumstances of the case?

3. 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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