ARMEN ASATRYAN

Head of Department of Operative Activity Support of the

National Security Service of the Republic of Armenia, Colonel Lieutenant,

Solicitor of the Chair of Criminal Law of the Faculty of Law of Yerevan State University

DOI: https://doi.org/10.59546/18290744-2024.1-3-69

Annotation.

Combating against irregular and illegal migration in the state management of migration of the Republic of Armenia has always been emphasized, focusing heavily on the reduction of irregular migration originating from Armenia, the requirement to execute the issue to study such phenomenon and make suggestions for its prevention was included in the list of priority issues. The inclusion of the issues regarding irregular migration in the list of priority issues hereby proves the importance of combating against this phenomenon for our State and society. In order to implement this problem, a number of measures promoting legal migration were implemented in Armenia, and in 2014 the organization of illegal migration was criminalized which is considered a criminal offense under the Criminal Codes of most States, especially when along with the increase in immigration flows in Armenia, the risks of illegal and irregular influx, residence and work of foreigners have also increased. This article will refer to the legal grounds for traveling to another country, the existing legislative regulations in the Republic of Armenia in this regard, a number of concepts related to illegal migration, the definitions given by the International Organization for Migration, the grounds of the migrant’s criminal responsibility, the legal assessments given to the migrant’s acts in law enforcement practice, the existing measures aimed at achieving the latter’s criminal responsibility and etc. As a result, the author proposed a new solution among the currently implemented ones regarding the legal assessment of the migrant’s act.

PDF

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 the Department of Law at Eurasia International University

DOI: https://doi.org/10.59546/18290744-2024.1-3-62

Annotation.

Crime is caused by social, economic, political and other factors. Among these factors, the legal determinants of crime are highlighted – the irrelevance of legislation, gaps and defects in regulation, regulation, which contain criminogenic and victimogenic risks in legal acts, etc. These factors are due to social maladaptation, haphazardness and inconsistency of methods and forms of legal regulation, uncertainty of the object-subject and subject composition of legal relations, conditions and grounds for their occurrence, modification and termination, uncertainty and imbalance of interests of subjects of legal relations, their rights and obligations, as well as the order of their implementation and execution, lack of social, economic and organizational and legal mechanisms for ensuring the implementation of a legal act, as well as the lack of control over the implementation of its provisions, etc. In order to prevent legal factors that cause crime, it is necessary to update legislation, ensure proper legal regulation of public relations, eliminate legislative gaps, and conduct a criminological expertise of draft normative legal acts. It should be noted that in the Republic of Armenia, the legal basis for the criminological expertise of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this expertise, as a result of which no such expertise has been conducted. Therefore, it is necessary to ensure appropriate regulations, including the adoption of the Law “On criminological expertise of draft normative legal acts”. It should be noted that in the Republic of Armenia the legal basis for criminological examination of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this examination, as a result of which not a single such examination has been carried out. Therefore, it is necessary to provide appropriate regulations, including the adoption of the Law “On criminological examination of draft normative legal acts.”

PDF

MERI KHACHATRYAN

PhD student,

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

DOI: https://doi.org/10.59546/18290744-2024.1-3-47

Annotation.

The procedure for the confiscation of property of illegal origin is a civil procedure designed to confiscate property acquired through criminal activity. It encompasses not only the confiscation of property through a court decision but also allows for the voluntary transfer of illegally obtained property to the state through a settlement agreement. This article explores the requirements and criteria for settlement offers, presented by the authorized body. It highlights the unique characteristics that differentiate settlement agreements from agreements reached in other legal proceedings, considering the nature of the legal relationship and the state’s interest. The article emphasizes the importance of guaranteeing the rights of individuals involved in the proceedings in the context of submitting an agreement offer by the authorized body. It references the order of the General Prosecutor of RA that establishes the procedure for concluding a settlement agreement and defines the scope of issues to be addressed within this framework. The author suggests regulating a special procedure for court approval of prejudicial settlement agreements through the RA Civil Procedure Code. Additionally, the proposal includes introducing the possibility of partially concluding the investigative phase by reaching a settlement agreement. These suggestions aim to facilitate the amicable completion of the investigation phase and enhance the effectiveness of court proceedings related to the confiscation of property of illegal origin.

PDF 

МANE KARAPETYAN

Lecturer at YSU

Chair of Civil Law, PhD

DOI: https://doi.org/10.59546/18290744-2024.1-3-27

Annotation.

The article refers to one of the classic grounds for the termination of the employment contract, which is directly related to the principle of inadmissibility of forced labor. Within the framework of the article from a doctrinal and practical point of view were highlighted the problematic formulations of the current legal regulation. The article raised the inadmissibility of fining an employee who did not fulfill the obligation to notify the employer in advance. The problem is presented in the context of contradicting both the Constitution of the Republic of Armenia and the international treaties ratified by the Republic of Armenia. Reference is also made to the possible impact of this new institution on the protection of employers’ interests. The issue is raised that employees who notify the employer about the dismissal in violation of the deadlines can be “fined”, but there is no mechanism in place in cases where the employee does not notify the employer at all and stops working. As a result, we come to the conclusion that the change is not in the interest of the employer, but on the contrary, it encourages the employees not to notify about their dismissal at all, if they will not be able to keep the deadline for the notification. In the final part of the article, a proposal to make a legislative change was presented.

PDF