SUBJECTIVE ATTRIBUTES OF THE ORGANIZATION OF ILLEGAL MIGRATION UNDER THE CRIMINAL LEGISLATION OF THE REPUBLIC OF ARMENIA
NAREK HARUTYUNYAN
Applicant at YSU Chair of Criminal Law,
Senior Investigator of the 1st Investigation Division of Kentron and
Nork-Marash Administrative Districts of the Investigation
Department of Yerevan City of the RA Investigative Committee,
3-rd Class Counselor
DOI: https://doi.org/10.59546/18290744-2024.7-9-73
Annotation.
The article discusses issues related to the characteristics of subjective signs of organizing illegal migration. It is noted that the subject of the crime under Art. 470 of the Criminal Code of the Republic of Armenia, any sane person who has reached the age of 16 years. In addition, it is emphasized that, in accordance with the provisions of the current criminal legislation of the Republic of Armenia, when committing this crime, the question of criminal liability of legal entities may also arise.
Within the framework of the study, special attention is also paid to the subjective side of the organization of illegal migration. In this regard, it is noted that this crime is characterized by direct intent and selfish purpose.
The author also draws special attention to the fact that in the RA Criminal Code, the legislator uses different terminology to denote the meaning of “self-interest,” which is unacceptable. In this regard, it is proposed to provide for the committing of an act out of selfishness or other personal or group interest as a mandatory feature of the subjective side of the organization of illegal migration.