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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EVA SAGHOYAN

Advisor to the Prosecutor General of the Republic of Armenia,

Lecturer at the Chair of Civil Law, Faculty of Law,

Yerevan State University

DOI: https://doi.org/10.59546/18290744-2025.4-6-47

 

Annotation.

The article discusses bases for the exclusion of civil liability of subjects of tourism activity for the rendering of services, included in the package tour, in the light of the regulations of the new RA Law “On Tourism”, EU tourism legislation, as well as the general provisions of civil legislation. The author comes to the conclusion that in addition to the force majeure circumstances, provided for by the Civil Code of the Republic of Armenia, it is also necessary to stipulate special bases for the release of subjects of tourism activity from civil liability, such as non-fulfillment of an obligation because of reasons, related to the consumer, as well as causing damages to the consumer for reasons not related to the contractual obligation of providing tourist services included in the tourist package (tour).

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SIRO AMIRKHANYAN

Chief Compulsory Enforcement Officer of the RA,

PhD Student at YSU Chair of Civil Law

DOI: https://doi.org/10.59546/18290744-2025.4-6-34

 

Annotation.

Despite the fact that the legislation of the Republic of Armenia enshrines the category of legal entities of public law, only communities and inter-community associations have such a status. The relevance of the topic is due to the fact that the legal consolidation of the category of legal entities of public law in the legislation of the Republic of Armenia should also lead to a more complete definition of their types. Based on the legal regulations in force in the Republic of Armenia and abroad and the works of a number of legal scholars, it has been substantiated that the Central Bank of the Republic of Armenia should be a legal entity of public law, since the provisions of civil legislation do not apply to its establishment, it has administrative powers, has public legal personality, and also participates in civil law relations as a legal entity. In addition, it has been substantiated that legal entities of public law should be budgetary institutions through which the state and the community provide public services, as well as non-profit organizations established and controlled by public-law formations (state non-profit organizations, foundations established by the state or the central bank, etc.), as well as self-regulatory organizations operating on the basis of the principle of mandatory membership (professional unions), since the study conducted indicates that non-profit organizations established by the state or community on the basis of separate legal acts, as well as professional unions that are not established on the basis of voluntariness, independence and cannot be identified with private law legal entities based on the principles of dispositivity.

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LILIT VARAGYAN

Applicant at the Chair of Constitutional Law

of the Faculty of Law of Yerevan State University,

Lawyer of the Legal Department

of the Central Electoral Commission

DOI: https://doi.org/10.59546/18290744-2025.4-6-20

 

Annotation.

The article examines the current issues of administration and administrative proceedings carried out in precinct electoral commissions. Substantiations are provided to show that precinct electoral commissions also serve as bodies conducting administration and administrative proceedings, and that these proceedings carried out in precinct electoral commissions are carried out with the peculiarities characteristic of the functions of precinct electoral commissions.

Within the framework of the article, the role of precinct electoral commissions in a three-tier system of electoral commissions is studied. The status of the latter as both a state and an administrative body is clarified based on the research and views of various scholars. Shortcomings in the electoral legislation in this context are identified, and corresponding solutions are proposed. The article addresses the principles of activities of the electoral commissions, the powers of the precinct electoral commissions, the procedure for appointing their members, the criteria presented to commission members, and the shortcomings in the legislation, while also proposing mechanisms for their solution.

In order to study the advantages and disadvantages of the above-mentioned peculiarities, comprehensive research is conducted on the relationship between administrative proceedings and administration carried out in precinct electoral commissions. The analysis of the results of the conducted research reflected positions and presented proposals for possible amendments to the electoral legislation related to the mentioned issue, with the aim of resolving existing issues and providing reasonable clarification.

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GAGIK HAMBARDZUMYAN

Applicant at the Institute of Philosophy,

Sociology and Law of the National Academy

of Sciences of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2025.4-6-11

 

Annotation.

This article thoroughly discusses the modern conceptual approaches related to legal understanding. A type of legal understanding is a certain understanding of law that characterizes a combination of the most essential features of law.

The main conceptual approaches to modern legal understanding are the transformed concepts of natural law, the normative (positivist) approach, judicial understanding, integrative legal understanding, liberal legal concepts.

Legal understanding is a legal foundation of social reality. At the heart of any legal understanding is some idea of the meaning of human and social life, of the essence of man and society. In other words, each legal understanding is based on a certain type of philosophical picture of the world. As a tool for regulating and protecting social relations, law arose in the earliest stages of social development and developed together with society. At the same time, the processes of legal formation and law enforcement have long been of an elemental nature, which was conditioned by the objective regularities of social development. These patterns are based on cause-and-effect relationships and general principles of system formation. Any system, including the social system, develops in at least three moments. under the influence of self-preservation, self-destruction, and self-development. The strengthening or weakening of the mentioned trends acts, on the one hand, as a consequence of preceding events, and on the other hand, as a cause of subsequent changes.

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DAVIT SAROYAN

Applicant at the Institute of Philosophy,

Sociology and Law of the National Academy

of Sciences of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2025.4-6-3

 

Annotation.

This scientific article thoroughly discusses the prerequisites for the establishment of a social-legal state. In the article, the author develops a conceptual approach according to which the socio-legal state is a single integral state-legal system in which the legal and social are not imposed, but combine and complement each other.

The legal foundations and social foundations of a socio-legal state must correspond to each other, act side by side, together, which expresses the nature, essence and mission of this state.

Thus, the activity of the social legal state is oriented towards creating conditions for the realization of the right to a dignified life for the largest number of citizens.

A social-legal state is not a mechanical coexistence of the features of a «social» and a «legal» state, but rather, by its nature and essence, is a feature of a single, holistic state, in which the legal and the social are in a complex dialectical interdependence, which few states currently claim to be. In scientific literature, a socio-legal state is defined as a state that ensures the conditions for the exercise of the right to a dignified life by every person.

The issues of establishing a legal state are legally related to constitutional amendments, which are clearly enshrined in the social, economic and legislative foundations of a legal state, since it is a constitutional state in which law and constitutional legitimacy prevail, as well as the constitutionalization of legal norms. A legal state is a sovereign political organization based on the rule of law, in which the protection of human rights and freedoms is guaranteed.

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