KARAPET SMBATYAN

Number Two Garrison’s Prosecutor of Prosecutor’s

Office of the Republic of Armenia,

Master at Yerevan State University Faculty of law

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-105

Annotation.

There are some new institutions and regulations in the Criminal Proceeding Code of The Republic of Armenia which have been adopted by Parliament, including about requests. An object of the work is to demonstrate incomplete sides of new regulations on requests in detail, especially on definition, reaction deadline on requests which are addressed to prosecutor about not charging, sanity of always answering to requests with decisions, and regulations on requests in previous Criminal Proceeding Code and other countries criminal proceeding experiences. An aim of the work is to propose possible solutions to the problems that have been showed. The work is introduced in principles of historical and comparative analyses as well as showing contemporary problems. We think that it is succeeded in referring to the actual problems and its solutions of The New Criminal Proceeding Code on requests and regulations on requests in previous Criminal Proceeding Codes and and other countries criminal proceeding experiences.

PDF

HOVHANNES BAYANDURYAN

Member of the Chamber of Advocates of the RA,

PhD Student at the Chair of Criminal Law and

Criminal Procedure Law of RAU Institute of Law and Politics

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-93

Annotation.

The article draws attention to the increased relevance of the study of the issues of criminal liability of legal entities, which has become a novelty of the Armenian criminal and criminal procedure legislation. The relevance of the topic of this article is due to the fact that with the adoption of the new Criminal Procedure Code of the Republic of Armenia, adopted by the National Assembly on June 30, 2021, and entered into legal force on July 1, 2022, a legal entity is considered as a full-fledged subject of criminal procedure relations by the defense. Present article contains a theoretical analysis of some issues related to the criminal procedural status of a legal entity. The article discusses the place of a legal entity in criminal procedural legal relations, its criminal procedural status, procedural responsibility. Such a category as the procedural legal personality of a legal entity as a participant in criminal proceedings is analyzed, their possible significance for the implementation of the procedural status is explored.

PDF

VARAZDAT SUKIASYAN

Chief Specialist of the Legal Expertise Service of the

RA Court of Cassation, PhD, Lecturer at the Chair of

Criminal Law and Criminal Procedure Law of RAU Institute of Law and Politics

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-84

Annotation.

The article is devoted to the dialogue of higher courts based on the 16th Protocol of the European Convention. The article examines the effectiveness of dialogue structures with supranational courts, as well as the experience of the highest courts of the Republic of Armenia in obtaining an advisory opinion. The expansion of the Court's powers to issue advisory opinions will further strengthen the interaction between the Court and national authorities and thereby ensure a more effective application of the Convention in accordance with the principle of subsidiarity. Higher courts and tribunals may request advisory opinions from the European Court on key issues concerning the interpretation or application of the rights and freedoms set out in the Convention and its Protocols. The requesting court or tribunal may seek an advisory opinion only in relation to a case before it. The requesting court or tribunal must give reasons for its request and present legal and factual circumstances relevant to the case before it. Advisory opinions must be motivated. If the advisory opinion in whole or in part does not express the unanimous opinion of the judges, then any judge has the right to present his own dissenting opinion. Advisory opinions are sent to the requesting court or tribunal and to the High Contracting Party to which that court or tribunal belongs.

PDF

GEVORG ISRAYELYAN

Candidate of Law, Associate Professor,

Head of the Scientific Research Center

of Applied problems in criminology of

National Bureau of Expertise of

National Academy of Sciences of the Republic of Armenia,

Lecturer of the Law Department at Eurasia International University

 

DOI: https://doi.org/10.59546/18290744-2023.4-9-76

Annotation.

Since July 1, 2022, the Criminal Code of the Republic of Armenia has been put into effect (adopted 05.05.2021), which includes both new institutions and solutions to problems that were identified in the previous criminal legislation. Certain changes have also occurred in the composition of crimes related to drug trafficking, including those related to the predicate of the crime. So, if in the previous Code responsibility for illicit trafficking of narcotic drugs, psychotropic substances and their precursors or their illegal sale was provided for by a single article 266, then in the new Code criminal liability is established separately, Article 394. A new type of object is provided – equivalent substances (analog). According to the author, in the composition of crimes related to illicit drug trafficking, the predicate of the crime is, as a rule, a mandatory feature. The author refutes the position spread in the literature, according to which only narcotic drugs, psychotropic substances and their precursors are the predicate of drug crimes. He also highlights other items. The author believes that clarifying the predicate of the crime is of great importance for the correct qualification of these criminal acts, distinguishing them from each other, and in some cases from administrative offenses.

PDF

MELIK MELIKYAN

Acting Chief Expert of the Legal Expertise Service

of the Cassation Court of Republic of Armenia,

Applicant of the Department of Criminal Law

YSU Faculty of Law

DOI: https://doi.org/10.59546/18290744-2023.4-9-69

Annotation.

Provocation of a crime in criminal law is a complex and related phenomenon with various institutional structures of criminal law, which is the reason for putting forward often conflicting views about it, under such conditions, in terms of ensuring legal certainty, there is a need to comprehensively conduct appropriate in-depth research on the phenomenon in question. In order to identify this phenomenon, as well as to be able to consider it as a crime, special importance is given to the study of its individual structural features. In this context, it is important, from different points of view, to make the subject of research the circle of relationships that can be reached as a result of provocation of a crime, and taking into account its wide scope, to distinguish from them those relationships that are protected by the criminal law and directly cause damage to the mentioned phenomenon. In addition, the question of how the provocation of a crime can manifest itself, in the context of which the possibility of committing the act in question with inaction is of special interest and legal significance, is subject to discussion. By studying domestic and foreign experience, as well as identifying theoretical and practical problems, along with certain aspects that have already been formed, a comprehensive study of the topic creates the basis for putting forward new scientifically based theses and their justification.

PDF

HAYK GRIGORYAN

The academic member of the

Supreme Judicial Council of

the Republic of Armenia,

Doctor of law

DOI: https://doi.org/10.59546/18290744-2023.4-9-54

Annotation.

The article examines the prohibitions of genocide established by Islamic doctrine and Muslim traditions. With a view to further qualification of the actions of the military and political leadership of Azerbaijan, the factual circumstances of the acts that took place in Nagorno-Karabakh since December 2022 are analyzed. Legal analysis of the elements of the crime of genocide. International legal and organizational problems of investigation, as well as problems of criminal responsibility of representatives of the military and political leadership of Azerbaijan for committing the crime of genocide of the Armenian population of Nagorno-Karabakh are analyzed. As examples, parallels are drawn between the relevant judgements of the International Tribunal for the Former Yugoslavia, the International Tribunal for Rwanda and the International Criminal Court (hereinafter ICC) for similar acts. The institution of immunity of State officials for genocide is under consideration. Since, at present, it is only possible to bring to justice the military and political leadership of another State at the international level, and the ICC potentially has jurisdiction to try genocide cases, Consideration is being given to the provisions of the Rome Statute of the ICC on the conditions for admission and investigation of crimes against the peace and security of mankind, including the crime of genocide.

PDF

Այլ հոդվածներ …