GOR HOVHANNISYAN

Associate Professor at the Chair of German and European Constitutional and

Administrative Law, as well as International Law at the University of Hagen,

Attorney-at-law, Мember of the Saxon Bar Association,

Doctor of Law (Berlin), Master of Administrative Sciences (Speyer)

DOI: https://doi.org/10.59546/18290744-2023.10-12-177

Annotation.

The first part of the four-part series of articles on European law starts with basic questions and the foundations of organizational law. The second part explains the legal sources of the European Union law and also deals with the legislative procedures. In addition, the structural principles applicable in the European law are outlined. The third part focuses on the fundamental rights of the European Union, which - in addition to the fundamental freedoms - are the essential individual rights of European primary law. The structural peculiarities from the perspective of the European and constitutional law are described, with a particular focus on the binding effect of the Charter of Fundamental Rights for the Member States. The fourth part explains the fundamental freedoms as the central means for establishing the internal market.

PDF

SUREN BAGHINYAN

Applicant at the Chair of Criminal Procedure and Criminalistics

of Yerevan State University

DOI: https://doi.org/10.59546/18290744-2023.10-12-170

Annotation.

This article examines the challenges that have arisen as a result of changes in the modern military political situation. These changes undoubtedly affected the organization of the activities of criminal justice authorities to investigate criminal offenses against the national security of the country. It is necessary to solve these problems by specialists using criminal law and forensic means, taking into account the security of the state. Taking into account the fact that the current military-political situation has also affected the lives of citizens of Armenia, we examined cases when citizens adhere to the national program, as well as cases of committing a crime directed against the security of the state, namely, the concept of “high treason” is analyzed. Let us note that in the theory of criminal law, the criminal legal protection of state security of the Republic of Armenia does not have a comprehensive, detailed development. In the framework of this study, we examine the structure and content of the forensic characteristics of the concept of “high treason”, a concept in forensic science, and study the composition of this crime and its forms. In particular, we have compiled and presented in the article a classification of types of espionage activities that form the crime of “high treason”, and also consider the types of information that are of interest to persons engaged in espionage, and the types of actions that contribute to the “leakage” of information containing state secrets. As a result, we gave our definition of the concept of “high treason” and presented the types of elements of this crime and the features that unite them, as well as what the commission of such a crime can lead to in terms of the country’s security.

PDF

INGA AVAGYAN

“Private Legal Center” Law Firm, Founding Director,

Advocate

DOI: https://doi.org/10.59546/18290744-2023.10-12-152

Annotation.

Expert activity is closely related to the process of proof, that is, to gathering, analyzing and evaluating evidence in order to reveal circumstances that are important for the legal, justified and fair resolution of the case, which is carried out by giving an expert opinion applying special knowledge. The expert opinion resulting from the examination, as an independent type of evidence, is estimated by the body conducting the proceedings, which are carried out according to the general rules of evidence assessment, taking into account the specifics of this type of evidence. The estimation of the expert’s conclusion implies the formation of an internal conviction by the body conducting the proceedings in a certain case regarding the scientific validity and credibility of the conclusion, as well as the evidential significance of the conclusions made in it. The use of an expert’s opinion as evidence for the purpose of revealing circumstances relevant to the case essentially depends on the evaluation of the next element, the credibility and scientific validity of the opinion. Thus, it can be noted that the possibility of using the expert’s conclusion as evidence depends on the credibility of the expert’s conclusion, which in turn can have a significant and central importance in making a final decision in criminal proceedings.

PDF

ROZA ABRAHAMYAN

Lecturer at the Chair of Criminal Law of YSU, PhD Student

DOI: https://doi.org/10.59546/18290744-2023.10-12-141

Annotation.

Within the framework of the presented article, an attempt was made to discover the penal differentiation and individualization of the execution of punishments, as well as the evolution of its establishment. It is worth noting that due to the democratization of public life and the adoption of a full-fledged legal concept of human rights in the independent Republic of Armenia, one of the areas of in-depth legal reforms was the revision of penal policy and legislative reform. The article speaks about the new Criminal Executive Code of the Republic of Armenia, adopted on June 15, 2022, which improved the legal technique for consolidating and legal regulation of the principles of criminal executive law in criminal executive legislation.

PDF

ADELINA SARGSYAN

PhD in Law,

Lecturer of the Department of Criminal Law and

Criminal Procedure Law of the

Institute of Law and Politics of the Russian-Armenian University

DOI: https://doi.org/10.59546/18290744-2023.10-12-123

Annotation.

This article provides criminological characteristics of iatrogenic crime, identifies the main determinants of crimes committed by medical professionals. As a result of studying the materials of law enforcement practice, as well as conducted sociological surveys, a number of criminological indicators of crimes committed by medical workers are revealed, among which, in particular, a geographical indicator indicating that iatrogenic crime is most common in remote regions of the Republic of Armenia. According to respondents, professional incompetence is often the basis for the commission of crimes by medical workers, as a result of a low level of education. It is concluded that there are insufficient qualifications of medical workers and a shortage of medical personnel, which together negatively affects the state of the healthcare system as a whole and the quality of medical care. Based on the analysis of the judicial practice of the Republic of Armenia on medical crimes, the main problems in the field of healthcare in the criminal-legal and criminological context are identified and recommendations for the prevention of iatrogenic crimes are made. Among the recommendations presented, an important place is occupied by the introduction of a supportive monitoring system, as well as the implementation of measures aimed at improving the legal literacy of medical workers and advanced training courses.

PDF

HAYK GRIGORYAN

The Academic Member of the Supreme Judicial Council of

the Republic of Armenia, Doctor of law

DOI: https://doi.org/10.59546/18290744-2023.10-12-110

Annotation.

The article examines the international legal prohibitions on the commission of genocide established by the international fundamental principles of jus cogens, examines the correlation of such international fundamental principles as the right of peoples to self-determination and the inviolability of borders. It describes the content of the lawsuits in the case “Armenia vs Azerbaijan”, which were filed by Armenia to the International Court of Justice of the United Nations, with a request for the application of temporary measures to protect the rights of residents of NagornoKarabakh, enshrined in the “International Convention on the Elimination of All Forms of Racial Discrimination”. The legal analysis of the principle of universal jurisdiction is carried out. The author substantiates the possibility of applying universal jurisdiction in cases of crimes of genocide and provides examples of the judicial practice of the European Court of Human Rights (ECHR), as well as the courts of Israel, Denmark, Bavaria (Germany), Rotterdam, The Hague (Netherlands), Lausanne (Switzerland), Great Britain. The article analyzes the international legal and organizational problems of bringing to criminal responsibility representatives of the military and political leadership of Azerbaijan for committing the crime of genocide of the Armenian population of Nagorno-Karabakh. Due to the fact that currently it is possible to bring to justice representatives of the military and political leadership of another State only at the international level, the possibility of accepting the investigation of crimes against the peace and security of mankind, including the crime of genocide, by both the ICC and the national court of another State is being considered.

PDF

Այլ հոդվածներ …