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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HERBERT HARUTYUNYAN

PhD Student at the Chair of Constitutional Law of Yerevan State University

DOI: https://doi.org/10.59546/18290744-2025.1-3-13

 

Annotation.

The work is dedicated to the study of the issue of the manifestation of legal awareness in political processes, which is of great importance in the formation of civil society and the establishment of a legal state in RA. The aim of the work is to highlight the role and importance of legal awareness in the ongoing political processes in the Republic of Armenia, to understand the importance of legal awareness in the establishment of civil society and the legal state. The work analyzed the importance of legal awareness in the context of political socialization and society-state relations, the place and role of legal awareness in the formation of civil society in the Republic of Armenia, highlighted the features of legal awareness in Armenian society, and highlighted the importance of legal awareness in the establishment of a legal state.

On the one hand, a section of civil society has a high level of legal awareness, which is manifested in civil initiatives carried out by citizens to protect their interests and rights. And on the other hand, in a general sense, a very low level of legal awareness was revealed among the public, even absolute ignorance in some issues. The formation of a legal state is definitely possible in the case of high legal awareness. Of course, the formation of a legal state cannot take place without certain political processes, because they, for example, the ideas about the constitutional state, the separation of powers, the rule of law, the protection of human rights and freedoms, are possible. can be implemented only if there is political will. Without political will, the above-mentioned ideas, which are the basis of the legal state, will remain merely declared principles without real practical application. Therefore, the primary actor in this political process is the state, which is the only institution that can guide the society in the formation of the legal state by road.

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ARARAT BAYANDURYAN

PhD student of the Institute of Philosophy, Sociology and Law

of the National Academy of Sciences of the Republic of Armenia,

Member of the Chamber of Advocates of the RA

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

 

Annotation.

In this article, the author provides a detailed analysis of the concept of restorative or conciliatory justice as a new type of judicial power implementation. The author explains the essence, goals, and characteristics of this approach to justice, emphasizing that its primary objective is to restore social justice through alternative methods of conflict resolution without resorting to punitive measures. The goal of this approach is not punitive policy but the restoration of social justice through alternative means of resolving conflicts.

The article highlights that restorative justice plays a significant role in both civil and criminal proceedings. Examples are provided of how restorative justice tools facilitate faster resolution of disputes, reduce legal costs, and promote reconciliation between parties.

The article concludes that restorative justice not only enables parties to resolve conflicts through dialogue but also contributes to the humanization of the legal system. In Armenia, restorative justice is still in the developmental stage but is already being applied to resolve family and civil disputes, including mediation and reconciliation. The author suggests expanding the use of this approach in Armenia, taking into account international experience and existing achievements.

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