MERI KHACHATRYAN

PhD student,

Lecturer at the Chair of Civil Procedure at YSU Faculty of Law

DOI: https://doi.org/10.59546/18290744-2023.10-12-69

Annotation.

The introduction of mechanisms for non-conviction-based asset confiscation stemmed from the perceived inefficiency of traditional approaches in integrating assets acquired through criminal activities into legal circulation. The institution of confiscation of property of illegal origin in the legal system of the Republic of Armenia relies on the application of soft standards of proof to establish the criminal origin of assets, employing factual presumptions. This article discusses the unique evidentiary standard of balance of probabilities specific to these proceedings, a concept not previously known in domestic legislation but widely adopted in countries where this institution has proven successful. From the perspective of balancing the interests of litigating parties, the article highlights the principles governing the allocation of the burden of proof, distinguishing the trial participants with the main and conditional burden of proof. Upon analyzing the law, it was deduced that the scope of facts required to execute the presumption of illegal origin of property is not explicitly defined, potentially leading to the emergence of inconsistent practices. The article proposes criteria for determining the scope of these facts. Additionally, the article addresses the rules for distributing court costs, suggesting that if evidence substantiating the lawful acquisition of property is accepted during the judicial investigation stage, the court costs should be borne by the defendant, either in full or in part, irrespective of the case outcome, unless the defendant can prove the impossibility of presenting such evidence during the investigation stage.

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KAREN MELIKSETYAN

PhD student at YSU Chair of Civil Law,

“FLASH” LLC lawyer

DOI: https://doi.org/10.59546/18290744-2023.10-12-57

Annotation.

This scientific article is devoted to the issues of abuse of law in corporate legal relations. Within the framework of the work, the concept, content, attributes and features of the abuse of corporate rights are revealed. In addition to the above, the approaches and views expressed both in theory and in law enforcement practice regarding the peculiarities of abuse of law in corporate legal relations, as well as the interpretation of judicial practice, are analyzed. On the other hand, the forms of abuse of corporate law, including corporate blackmail and business takeover, their essence, similarities and differences are discussed. The article touches upon the mechanisms of prevention and deterrence of abuse of law, the scope and effectiveness of liability measures to be applied against subjects abusing the law. In particular, attention was paid to the forms and means of protecting rights in cases of abuse of corporate rights, including in the context of jurisdictional and non-jurisdictional, claim and non-claim forms. The possibility and effectiveness of the application of liability measures applied in case of abuse of civil rights in corporate relations were also discussed, analyzing the possibility of introducing sanctions inherent in corporate legal relations. At the same time, the legal consequences of the abuse of corporate rights in venture joint-stock companies were studied, and it was also proposed to provide for the legislative possibility of restricting and/or depriving the rights, privileges and advantages of venture investors.

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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/10.59546/18290744-2023.10-12-47

Annotation.

The scientific article presents the essence and content of the institution of acquisitive prescription, the historical preconditions of its formation and the reasons for its subsequent change. The subject of special discussion is the condition of good faith, which is interpreted as a subjective attitude towards the property (characteristic of treating the property with care of the owner). The article excludes the perception of the concept of good faith as possession of property on a legal basis, as it is accepted in the law enforcement practice of the country. At the same time, it is especially emphasized that possession should not be based on any legal basis, in other words, it is presented that the institution of acquisitive prescription is applicable in the case of illegal possession. In addition, reference is made to the period of acquisitive prescription, which is proposed to begin from the moment when the registered owner became aware of illegal possession or from the moment when the owner definitely could or should have known about such possession, because it is decisive for establishing the fact of indifference shown by the owner. Moreover, as a result of the study, it is concluded that from the moment of reaching the conditions of acquisitive prescription established by law, it is the actual possessor who bears the risk of losing his right to become the owner (to recognize it in a judicial way and submit to registration), as a person in a disadvantageous position compared to the registered owner (old or new).

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YEPREM KARAPETYAN

Head of the Division for Drafting of the

Anti-Corruption Policy of the

Ministry of Justice of the Republic of Armenia,

Applicant at the Public Administration Academy of the Republic of Armenia

DOI: https://doi.org/10.59546/18290744-2023.10-12-39

Annotation.

The study of the concept of integrity in the scope of public service is essential from the point of view of the anti-corruption reforms implemented in the RA legal system, in order to ensure their coordination, to provide the theoretical basis of the implemented changes and to clarify the framework of the integrity system. This is even more important from the point of view that there are few studies on integrity in domestic doctrinal sources, and the concept of integrity is not revealed in its full content. In this context, legislative regulations are a novelty in the Armenian reality and there is a need to ensure clarity at the legislative level as well. Based on the above, the description given in the international documents regarding the term of integrity has been highlighted within the framework of this article. At the same time, the main elements of the content of integrity, which were revealed in the works of a number of theorists, were studied. Summarizing the above-mentioned approaches, within the framework of this article, the concept of public integrity at the legislative level is proposed with the appropriate formulation. At the same time, the study of integrity system, the scope of which is fixed by the "Public Service" law, clearly shows that it needs some revision. In particular, within the framework of the above-mentioned law, the declaration institution is presented separately from the integrity system, while it is clear from the purpose of the declaration institution that it should be included under the integrity system. In addition, it is recommended to consider the restrictions on the acceptance of gifts connected with the implementation of official duties as a separate element of the integrity systen, separating it from the rules of conduct.

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