HAYARPI ZARGARYAN

Judge of the RA Appeal Anti-Corruption Court,

PhD in Law

DOI: https://doi.org/10.59546/18290744-2024.7-9-11

Annotation.

The subject of the author’s discussion was some issues of confiscation of property of illegal origin, as a new institution introduced into domestic judicial practice, focusing on the issue of mandatory state registration of marriage in order to confirm the fact of joint household management.

The author referred to the definitions of family members and persons associated with them in the sense of the RA Law “On Confiscation of Property of Illegal Origin”, proposing to make similar changes to the RA Family Code. Then she analyzed the criterion of joint household management from the mandatory valid conditions presented by affiliated persons within the meaning of the law, again noting the absence of equivalent definitions in the RA Family Code.

As a result of a comprehensive analysis of legislative norms, as well as provisions expressed in the case law of the European Court of Human Rights, the author came to the conclusion that in order to consider the existence of factual grounds for “running a joint household”, state registration of the marriage of partners running the household is not a mandatory, but it is necessary to find out whether the partners actually managed the household jointly or not, interpreting the concept of “family” in a broad sense, taking into account the special regulation of running a joint household and its significance, which is essential for legal relations.

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