HENRIK KHUNDKARYAN

Assistant to the Judge of the Court of Cassation of the Republic of Armenia,

Lecturer at the Chair of Civil Procedure of Yerevan State University

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑95

 

Annotation.

The subject of this scientific article is the issue of dismissal from a state administrative position without justification and the effectiveness of judicial protection of disputes related to dismissal from a state administrative position in the context of the amendments made to the RA Civil Procedure Code. This article addresses the requirement for mandatory indication of the legal and factual grounds of individual legal acts on dismissal from public service and the ratio of unlimited discretion of state bodies or relevant officials in these relations, taking into account both domestic legislation and international legal standards.

Special attention was paid to the positions expressed in the decision of the RA Constitutional Court No. SDO 1716 dated 27.02.2024, according to which the basis for appointment to an administrative position and dismissal from an administrative position is considered to be the unlimited discretion of the competent body. Meanwhile, an attempt was made in the work to substantiate that such an approach contradicts the imperative requirements provided for by the RA Civil Procedure Code and the RA Law “On Public Service” and jeopardizes the effectiveness of judicial protection of public servants.

Taking into account the above, we find that in disputes regarding dismissal from an administrative position, the combined and clear formulation of the legal and factual bases of an individual legal act is a necessary prerequisite for both ensuring the employee’s right to a fair trial and for dismissal from public service to comply with the regulations provided for in the RA Law “On Public Service”.

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MANE MARKOSYAN

Lecturer, Ph.D. Student at the Chair of Civil Law, Faculty of Law, YSU,

Prosecutor General’s Office of the RA, Adviser to the Prosecutor General of the RA

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑85

 

Annotation.

In this article, the specific features of the civil‑law status of the subsoil‑use right, as an object of civil rights, are examined.

In light of domestic and foreign legislative frameworks, the institution governing the transfer of the subsoil‑use right is subjected to a comprehensive study and analysis, and the gaps and problem areas in the national regulation of that institution are identified.

As a result of the conducted analysis, the author, among other things, proposes to clarify at the legislative level the civil‑law consequences of violating the requirements applicable to transactions involving the transfer of subsoil use rights; to introduce provisions in the legislation governing the alienation of the subsoil‑use right as a single property complex; and to establish, within the Subsoil Code of the Republic of Armenia, mechanisms for the state supervised disposal (alienation) of shares and participatory interests of subsoil users in cases prescribed by law.

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ANNA HAKOBYAN

Candidate of legal sciences, Lecturer at the Institute of Law and

International Relations of Yerevan «Haybusak» University,

Assistant to Judge in the Civil Court of Appeal of the RA

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑73

 

Annotation.

The scientific research is dedicated to public procurement. The article first of all reveals the relevance of the topic, after which the principles underlying the procurement process and the ultimate goal pursued by that process are presented. The possible abuses that may occur in procurement processes are described. Separate attention is paid to the delegated powers of the state and the proportionality of liability measures, that are being applied. Within the framework of the above, the peculiarities of the episodes related to the inclusion of a participant and an interconnected person in the list of participants not entitled to participate in the procurement process are discussed in more detail. Furthermore, the essence of the means of ensuring is explained separately in the article, and an analysis is made of their proper application. The proportionality of the collection of damages incurred by the state and the penalties assessed in favor of the latter is discussed in the presence of means of ensuring received from the participant. As a result, the conclusion is substantiated that the damages incurred by the state and the penalties assessed should be compensated by the means of ensuring provided by the participant, after which the remaining means should be returned to the party who provided them. It is also proposed in the article to introduce a norm into the sphere of procurement in domestic legislation establishing the jurisdiction of the court to make a “private decision”, according to which the court will acquire the right to refer the case to the competent state body for investigation when registering possible abuses.

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SERGEY GHAZINYAN

Lecturer at the Chair of European and International Law,

Yerevan State University (YSU) and the American University of Armenia (AUA),

Expert at the YSU Center for European Studies

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑59

 

Annotation.

The article presents a constitutional‑law understanding of human trafficking, examining it as a systemic violation of human dignity and fundamental rights and, simultaneously, as a threat directed against the value foundations of the constitutional order. Trafficking is analysed not exclusively through criminal‑law categories but within the logic of constitutional protection of human rights, emphasizing that exploitation undermines legal subjectivity by transforming a person into an object of control and ownership. The article advances the thesis that, at the constitutional level, the anti‑trafficking framework is grounded in the inviolability of human dignity, the rule of law, and the interconnection of a number of absolute or reinforced guarantees (personal liberty, prohibition of torture and forced labour, non‑discrimination, and the right to effective judicial protection).

The study develops the constitutional dimension of the State’s tripartite structure of positive obligations — to guarantee, to ensure, and to protect — demonstrating that prevention of trafficking, early identification, protection and rehabilitation of victims, as well as effective investigation and inevitability of accountability constitute a unified system of continuous obligations. The article further highlights the interaction between international and constitutional law, particularly the influence of the case‑law of the European Court of Human Rights and the standards established by the Council of Europe Convention on Action against Trafficking in Human Beings on national legal interpretation. It ultimately proposes an approach according to which the fight against trafficking functions as a benchmark of constitutional governance, reflecting the State’s practical capacity to recognise and manage exploitation risks, reduce vulnerabilities, and secure real and effective protection.

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INNA NERSEYAN

Postgraduate student at the Russian-Armenian (Slavonic) University

specializing in 12.00.02 “Constitutional Law, Constitutional Judicial Process, Municipal Law”,

Lawyer at the Legal Information Center “IRTEK”

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑44

 

Annotation.

The article examines the correlation between the special legal status of judges and their right to freedom of peaceful assembly. It addresses the theoretical and practical conflict between the principle of depoliticization of the judiciary and universal human rights. Based on an analysis of the Constitution of the Republic of Armenia, national legislation, international legal instruments, and the case law of the European Court of Human Rights, it is demonstrated that an absolute prohibition on judges’ participation in peaceful assemblies constitutes a disproportionate restriction that undermines fundamental rights. The paper argues for a differentiated approach, under which judges may participate in assemblies of a non‑political nature, particularly those related to the protection of human rights, the independence of the judiciary, and professional interests. A comparative analysis of foreign experience (Germany, France, Tunisia, Hungary, and others) further confirms the relevance of a flexible regulatory model that ensures both the preservation of judicial neutrality and the safeguarding of judges’ right to civic engagement.

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TIGRAN KOCHARYAN

Deputy Head for Education and Research of the National

Defense Research University of Ministry of Defence of the

Republic of Armenia – Head of INSS, Colonel,

Doctor of Political Science, Professor

ANAHIT SHAHUMYAN

National Academy of Sciences of the Republic of Armenia

International Scientific-Educational Center, Chief Specialist of General Department

Applicant of the Institute of Philosophy, Sociology and Law of the National Academy of

Sciences of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744‑2026.1‑3‑31

 

Annotation.

This scientific article, based on the opinions of well‑known jurists, the study of international and domestic legislation, presents the constitutional and legal foundations of the function of civil society control, the features of their implementation. In particular, the article reveals the features of the concepts of “control”, “supervision”, “monitoring”, “public control”, as well as the manifestations of control as a stable toolkit of civil society. Moreover, in the scientific article, the author also thoroughly addressed the types of civil control, their specificities. At the same time, considering the essence of the types of civil control, the author emphasizes another main characteristic of civil society ‑ that the state is guided by the constitutional legal consciousness of society, the basis of which is the guarantee of the supremacy of law and the limitation of power by law.

In the scientific article, the author also touches on the specifics of the manifestation of the principle of civilian control over the armed forces. The author argues that the armed forces need civilian control, since they can be used as a weapon to seize power or to support political forces. At the same time, civilian control over the armed forces implies the participation of citizens in the management of the armed forces.

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