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.

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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.

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GEVORG ISRAYELYAN

Candidate of Law, Associate Professor,

Head of the Scientific Research Center of Applied Problems in

Criminology of the National Bureau of Expertise of the

National Academy of Sciences of the Republic of Armenia,

Lecturer at the Law Department at Eurasia International University

DOI: https://doi.org/10.59546/18290744-2023.10-12-101

Annotation.

One of the important components of the organization of drug crime prevention is its legal framework. The subject of the author’s research is the relevant norms of substantive law – criminal and administrative. The results of the author’s research show that the above-mentioned foundations need to be improved. Despite the fact that the Criminal Code of the Republic of Armenia has been adopted since July 1, 2022, its relevant norms, according to the author, need to be updated. The author proposes to expand the legislative concept of the analogue of narcotic drugs and psychotropic (psychoactive) substances, since it does not express the main features of the analogue; to establish responsibility for the propaganda of narcotic drugs and psychotropic (psychoactive), since the criminal law establishes responsibility only for advertising these substances.; to toughen the punishment for the sale of narcotic drugs and psychotropic (psychoactive) substances to minors, since their body is weak and bears enormous damage as a result of the consumption of these substances; to establish responsibility for the illegal acquisition of a precursor at the instigation of another person for him, since the law provides for punishment for this action only in relation to narcotic drugs and psychotropic substances (psychoactive) substances, etc. Naturally, it is necessary to improve the norms defining administrative responsibility for drug-related offenses. Thus, the author considers it necessary to group these offenses in the Code of Administrative Offenses of the Republic of Armenia by the type of violated public relations, to correct other shortcomings of legal regulation.

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ARMEN ASATRYAN

Deputy Head of the Main Directorate of Investigation of the National Security Service of the

Republic of Armenia, Lieutenant Colonel

DOI: https://doi.org/10.59546/18290744-2023.10-12-87

Annotation.

This Article refers to the criminal-legal description of the offense, the factors for illegal migration, terminology, more obvious consequences of the illegal migration, the main international legal documents in the field of struggle against illegal migration, current situation of struggle against illegal migration in the Republic of Armenia, the key reasons and consequences, the preventive and precautionary measures implemented in that direction, the steps to be taken for its detection, the legal solutions to be given to the quality of crime in the law enforcement practice as well as the expected results. In the result, the author presented the general description of the migratory movements, the reasons and consequences of irregular migration – for illegal migrants as well as for the States of exit and entry. It has been also presented the mechanisms of struggle against it, the statistical information, the corpus deliciti “Organization of illegal migration” has been subject to analysis, the available differences between the former and current Criminal Codes of the Republic of Armenia.

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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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