GEVORG ISRAYELYAN

Candidate of Legal Sciences, 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 Eurasia International University

DOI: https://doi.org/10.59546/18290744-2025.1-3-87

 

Annotation.

An analysis of statistical data in recent years has revealed a steady increase in crimes against legitimate weapons trafficking. This indicates the need to activate the preventive effect. In order to ensure a preventive effect, in particular, for the organization of individual preventive work, it is necessary to carry out a study of the criminological components of these crimes, including the personality of a criminal.

The article presents the results of a study conducted by the author of a person who has committed crimes against the legitimate trafficking of weapons, based on data from 50 judicial acts adopted in 2023-2024. As a result of the research, the signs characterizing the structural elements of the criminal’s personality and their criminological significance are revealed.

The results of the author’s research prove that a person who commits crimes against the legitimate trafficking of weapons is generally characterized by criminal activity at a young age (25-50 years old), belonging to the male sex, Armenian nationality, citizenship of the Republic of Armenia, marital relations, low level of education, lack of permanent employment, committing crimes motivated by possession of weapons and self-affirmation. These and other data characterizing the offender should be taken into account when determining the direction of individual prevention of the above-mentioned crimes, choosing a method and solving other organizational issues.

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ARMAN BABAKHANYAN

Assistant to the Judge of the Criminal Chamber of the Cassation Court of the RA,

Lecturer at YSU Chair of Criminal Law

DOI: https://doi.org/10.59546/18290744-2025.1-3-70

 

Annotation.

This article is dedicated to some key issues in the criminal-legal fight against the leadership of the thieves’ world. In particular, in the article, the author discussed the object, the objective aspect of the corpus delicti of managing the thieves’ world, the negative characteristic of the corpus delicti provided for in Article 323 of the Criminal Code of the RA, as well as the question of expediency of provision of a special incentive norm that exempts the persons who manage the thieves’ world from criminal liability on the condition that they demonstrate positive post-criminal behavior.

As a result, the author, referring to various theoretical sources, specified the object and objective aspect of managing the thieves’ world, and also presented a proposal aimed at improving the negative characteristic of the corpus delicti set out in the article under discussion.

In addition, the author came to the conclusion that although it is acceptable to exonerate the persons who manage the thieves’ world from criminal liability in some cases on the condition that they demonstrate positive post-criminal behavior, this should not be done by providing an incentive norm in that article, but should be carried out by exonerating the offender from criminal responsibility on the basis of remorse provided by part 1.1 of Article 81 of the Criminal Code of the RA. The necessary conditions for applying that basis to the persons who manage the thieves’ world should be clarified as much as possible by the Court of Cassation of the RA.

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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/10.59546/18290744-2025.1-3-58

 

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 norms in force in the Republic of Armenia and abroad and the works of a number of legal scholars, it is substantiated that although in the Republic of Armenia the state and communities are currently considered special subjects of the Civil Code of the Republic of Armenia, there can be no other “third” subjects of civil law, except for individuals and legal entities, since the subsidiary applicability of legal norms in relation to legal entities, permissible only in certain cases, acts as a legislative requirement as the impossibility of identifying the subjects in question, requiring the law enforcement officer to establish fundamental differences between them, the structure of which should be the legal entity of public law itself, which is accepted in almost all countries of the Romano-Germanic legal system, where this category exists. Therefore, it is necessary to distinguish between the types of legal entities of public law in the Civil Code of the Republic of Armenia and establish that these are the state and administrative-territorial units: community, inter-community association and region.

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NARINE ARAKELYAN

PhD Student at the Chair of Civil Law of Yerevan State University,

Chief Specialist of the Legal Expertises Service of the Staff of the

Court of Cassation of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2025.1-3-47

 

Annotation.

The article is devoted to the peculiarities of the provision of state or community-owned land plots with the right to construction. The article studies the legal regulations enshrined in the civil and land legislation of the Republic of Armenia, reveals the meaning of the concepts of “construction right” and “purpose of construction”, highlights the similarities and differences of the mentioned concepts, and also discusses the need for their legislative separation.

Based on the study and analysis conducted in the article, the author presents her point of view on the existing legislative regulations, presents certain proposals aimed at their improvement. In particular, a proposal is made to change the legal regulation on the provision of state or community-owned land plots with the right to construction, in other words, the privatization of these plots, and instead, to provide an opportunity to provide state or community-owned land plots with the right to construction. In the author’s opinion, such a legislative change is mutually beneficial for both the developer and the landowner, since the state or community will have the opportunity, without alienating these land plots, to provide them with the right to develop and receive a monthly rent for the use of these land plots, while the developers will refrain from the need to spend financial resources to acquire the land plot.

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HENRIK KHUNDKARYAN

Assistant to the Judge of the Court of Cassation of the RA,

Lecturer at the Chair of Civil Procedure of Yerevan State University,

PhD Student at the Chair of Civil Procedure, Faculty of Law, Yerevan State University

DOI: https://doi.org/10.59546/18290744-2025.1-3-33

 

Annotation.

Legal relations arising in connection with entering, performing or dismissing public service have a dual status. For this reason, it is problematic to clarify the subject matter jurisdiction of disputes arising within the framework of these relations, as well as the nature of individual legal acts adopted within the framework of these relations.

The relevance of the topic is justified by the fact that by virtue of the Laws HO-220-N and HO-222-N of 02.05.2024 “On Amendments and Supplements to the Administrative Procedure Code of the Republic of Armenia” and “On Amendments and Supplements to the Civil Procedure Code of the Republic of Armenia”, disputes related to entering, performing or dismissing public service are no longer within the jurisdiction of the Administrative Court of the Republic of Armenia, and their examination is carried out within the framework of special claim proceedings provided for by the Civil Procedure Code of the Republic of Armenia. Meanwhile, as a result of the work done, the fact that legal relations arising in connection with entering, performing or being dismissed from public service are of a public nature has been substantiated, as well as the need to reserve the examination of disputes related to entering, performing or being dismissed from public service to the jurisdiction of the administrative court, and the fact that in some cases the relevant individual legal acts constitute an administrative act. Taking into account the fact that not all individual legal acts in the public service sector are considered administrative acts, it is necessary to introduce special proceedings in the RA Administrative Procedure Code for disputes related to entering, performing or being dismissed from public service, which will provide an opportunity to ensure the right of individuals to judicial protection without focusing on the nature of the individual legal act interfering with the rights of a public servant.

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ARA ZOHRABYAN

Candidate of Legal Sciences

DOI: https://doi.org/10.59546/18290744-2025.1-3-24

 

Annotation.

The article is dedicated to the peculiarities of labor disputes examination, one of the most important and relatively new institutions in the legal system of the Republic of Armenia - labor disputes.

The article presents the peculiarities of labor disputes and the need to establish a special procedure for their examination.

In the article are presented doctrinal approaches to labor disputes, judicial practice, the procedure established by the RA Civil Procedure Code, as well as existing problematic issues.

From the perspective of ensuring the effectiveness of labor dispute examination, proposals are presented for improving the legislation, which are particularly aimed at clarifying the terms of examination of cases, the procedure for proof, and the clarification of the factual basis of the individual act that is the subject of the labor dispute.

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