Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-105
KARAPET SMBATYAN
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.
{"title":"ՄԻՋՆՈՐԴՈՒԹՅՈՒՆՆԵՐԸ ՀՀ ՔՐԵԱԿԱՆ ԴԱՏԱՎԱՐՈՒԹՅԱՆ ՆՈՐ ՕՐԵՆՍԳՐՔՈՒՄ","authors":"KARAPET SMBATYAN","doi":"10.59546/18290744-2023.4-9-105","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-105","url":null,"abstract":"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.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135211026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-69
MELIK MELIKYAN
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.
{"title":"ՀԱՆՑԱԳՈՐԾՈՒԹՅԱՆ ՊՐՈՎՈԿԱՑԻԱՅԻ ՕԲՅԵԿՏԻՎ ՀԱՏԿԱՆԻՇՆԵՐԸ","authors":"MELIK MELIKYAN","doi":"10.59546/18290744-2023.4-9-69","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-69","url":null,"abstract":"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.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135212299","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-76
GEVORG ISRAYELYAN
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.
{"title":"ԹՄՐԱՄԻՋՈՑՆԵՐԻ, ՀՈԳԵՄԵՏ (ՀՈԳԵՆԵՐԳՈՐԾՈՒՆ) ՆՅՈՒԹԵՐԻ, ԴՐԱՆՑ ՊԱՏՐԱՍՏՈՒԿՆԵՐԻ, ՊՐԵԿՈՒՐՍՈՐՆԵՐԻ, ԽԻՍՏ ՆԵՐԳՈՐԾՈՂ ԿԱՄ ԹՈՒՆԱՎՈՐ ՆՅՈՒԹԵՐԻ ՕՐԻՆԱԿԱՆ ՇՐՋԱՆԱՌՈՒԹՅԱՆ ԴԵՄ ՈՒՂՂՎԱԾ ՀԱՆՑԱԳՈՐԾՈՒԹՅՈՒՆՆԵՐԻ ԱՌԱՐԿԱՅԻ ՏԵՍԱԿՆԵՐԸ ԵՎ ԱՌԱՆՁՆԱՀԱՏԿՈՒԹՅՈՒՆՆԵՐԸ","authors":"GEVORG ISRAYELYAN","doi":"10.59546/18290744-2023.4-9-76","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-76","url":null,"abstract":"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.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134882390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-33
KAREN MELIKSETYAN
This scientific article is devoted to the study of some features of the executive body of the corporation as a body carrying out current management, identifying problematic issues and offering practical solutions. The status of the executive body of the corporation, features and peculiarities, varieties of the executive body (sole and collegial), the competence of the latter and other problematic issues of scientific interest were investigated. In addition, the article identified and discussed issues related to the company's current activities, normal economic activity, management issues, requirements, conditions, restrictions (incompatibility requirements), powers related to the members of the executive body and the nature of contracts concluded with the executive body. At the same time, the article reveals the essence and features of the executive body of venture joint-stock companies, among other things, the subject of discussion were the rights to manage the executive body of venture joint-stock companies, approval of the head of the executive body elected/appointed by venture investors, a special executive body and other qualities inherent in it. As a generalization of the above, it is proposed to localize the mechanisms of the executive body of venture joint-stock companies and improve the legislation of the Republic of Armenia, which will create a favorable investment environment and attract foreign investment.
{"title":"ԳՈՐԾԱԴԻՐ ՄԱՐՄԻՆԸ՝ ՈՐՊԵՍ ԿՈՐՊՈՐԱՑԻԱՅԻ ԸՆԹԱՑԻԿ ՂԵԿԱՎԱՐՈՒՄՆ ԻՐԱԿԱՆԱՑՆՈՂ ՄԱՐՄԻՆ","authors":"KAREN MELIKSETYAN","doi":"10.59546/18290744-2023.4-9-33","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-33","url":null,"abstract":"This scientific article is devoted to the study of some features of the executive body of the corporation as a body carrying out current management, identifying problematic issues and offering practical solutions. The status of the executive body of the corporation, features and peculiarities, varieties of the executive body (sole and collegial), the competence of the latter and other problematic issues of scientific interest were investigated. In addition, the article identified and discussed issues related to the company's current activities, normal economic activity, management issues, requirements, conditions, restrictions (incompatibility requirements), powers related to the members of the executive body and the nature of contracts concluded with the executive body. At the same time, the article reveals the essence and features of the executive body of venture joint-stock companies, among other things, the subject of discussion were the rights to manage the executive body of venture joint-stock companies, approval of the head of the executive body elected/appointed by venture investors, a special executive body and other qualities inherent in it. As a generalization of the above, it is proposed to localize the mechanisms of the executive body of venture joint-stock companies and improve the legislation of the Republic of Armenia, which will create a favorable investment environment and attract foreign investment.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135211290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-114
ARPI LAZARYAN
It should be noted that the fight against crime is one of the most important directions of the state’s international cooperation. At the same time, it should be noted that the mentioned cooperation with international structures is carried out within the framework of relevant legal acts, a part of which is the acts related to the treatment of minors. The article is generally devoted to international standards of treatment of juvenile convicts. The research was carried out based on the analysis of the available statistical data and although we can state that the number of punishments and sanctions related to the deprivation of liberty for minors has decreased, but the level of juvenile delinquency may also increase along with the current increase in crime. Due to the above circumstances, an attempt was made by the author to combine and compare internationally defined standards and domestic legislation.
{"title":"ԱՆՉԱՓԱՀԱՍ ԴԱՏԱՊԱՐՏՅԱԼՆԵՐԻ ՀԵՏ ՎԱՐՎԵՑՈՂՈՒԹՅԱՆ ՄԻՋԱԶԳԱՅԻՆ ՉԱՓՈՐՈՇԻՉՆԵՐԸ ԵՎ ԴՐԱՆՑ ԿԻՐԱՌՄԱՆ ՈՐՈՇ ՀԻՄՆԱԽՆԴԻՐՆԵՐԸ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ","authors":"ARPI LAZARYAN","doi":"10.59546/18290744-2023.4-9-114","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-114","url":null,"abstract":"It should be noted that the fight against crime is one of the most important directions of the state’s international cooperation. At the same time, it should be noted that the mentioned cooperation with international structures is carried out within the framework of relevant legal acts, a part of which is the acts related to the treatment of minors. The article is generally devoted to international standards of treatment of juvenile convicts. The research was carried out based on the analysis of the available statistical data and although we can state that the number of punishments and sanctions related to the deprivation of liberty for minors has decreased, but the level of juvenile delinquency may also increase along with the current increase in crime. Due to the above circumstances, an attempt was made by the author to combine and compare internationally defined standards and domestic legislation.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135211550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-123
GOR HOVHANNISYAN
The first part of the four-part series of articles on European law starts with basic questions and the foundations of organisational law. The second part explains the legal sources of the European Union law and also deals with the legislative procedures. In addition, the structural principles applicable in the European law are outlined. The third part focuses on the fundamental rights of the European Union, which - in addition to the fundamental freedoms - are the essential individual rights of European primary law. The structural peculiarities from the perspective of the european and constitutional law are described, with a particular focus on the binding effect of the Charter of Fundamental Rights for the Member States. The fourth part explains the fundamental freedoms as the central means for establishing the internal market.
{"title":"ԵՎՐՈՊԱԿԱՆ ԻՐԱՎՈՒՆՔ (ՄԱՍ III) – ՀԻՄՆԱԿԱՆ ԻՐԱՎՈՒՆՔՆԵՐԻ ԽԱՐՏԻԱՅԻ ՀԻՄՆԱԿԱՆ ԻՐԱՎՈՒՆՔՆԵՐԸ","authors":"GOR HOVHANNISYAN","doi":"10.59546/18290744-2023.4-9-123","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-123","url":null,"abstract":"The first part of the four-part series of articles on European law starts with basic questions and the foundations of organisational law. The second part explains the legal sources of the European Union law and also deals with the legislative procedures. In addition, the structural principles applicable in the European law are outlined. The third part focuses on the fundamental rights of the European Union, which - in addition to the fundamental freedoms - are the essential individual rights of European primary law. The structural peculiarities from the perspective of the european and constitutional law are described, with a particular focus on the binding effect of the Charter of Fundamental Rights for the Member States. The fourth part explains the fundamental freedoms as the central means for establishing the internal market.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135211824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-84
VARAZDAT SUKIASYAN
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.
{"title":"DIALOGUE BETWEEN THE STRASBOURG COURT AND NATIONAL COURTS (CRIMINAL LIMB)","authors":"VARAZDAT SUKIASYAN","doi":"10.59546/18290744-2023.4-9-84","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-84","url":null,"abstract":"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.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135212064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-24
ARSEN KAGHKTSYAN
The article deals with theoretical and legal issues related to the definition of the essence and content of the sources of military law of the Republic of Armenia, covering only a part of the surviving materials on the centuries-old history of the Armenian army. On the basis of a historical excursion and the genesis of military law as a science, a list of types of sources of military law of the Republic of Armenia is substantiated, including, among other things, those that were not mentioned earlier in the national legal science. Some considerations are expressed regarding the prospects for the development of military law as a science, including as a subject of dissertation research. This work is relevant for the modern science of military law, which is a significant contribution to legal science and fills the existing gap in knowledge in the field of state and military construction, military art and military law.
{"title":"ИСТОЧНИКИ ВОЕННОГО ПРАВА РЕСПУБЛИКИ АРМЕНИЯ","authors":"ARSEN KAGHKTSYAN","doi":"10.59546/18290744-2023.4-9-24","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-24","url":null,"abstract":"The article deals with theoretical and legal issues related to the definition of the essence and content of the sources of military law of the Republic of Armenia, covering only a part of the surviving materials on the centuries-old history of the Armenian army. On the basis of a historical excursion and the genesis of military law as a science, a list of types of sources of military law of the Republic of Armenia is substantiated, including, among other things, those that were not mentioned earlier in the national legal science. Some considerations are expressed regarding the prospects for the development of military law as a science, including as a subject of dissertation research. This work is relevant for the modern science of military law, which is a significant contribution to legal science and fills the existing gap in knowledge in the field of state and military construction, military art and military law.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135212065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-93
HOVHANNES BAYANDURYAN
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.
{"title":"УГОЛОВНО-ПРОЦЕССУАЛЬНОЕ ПОЛОЖЕНИЕ ЮРИДИЧЕСКОГО ЛИЦА В РЕСПУБЛИКЕ АРМЕНИЯ","authors":"HOVHANNES BAYANDURYAN","doi":"10.59546/18290744-2023.4-9-93","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-93","url":null,"abstract":"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.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135212569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-13
Adelina Sargsyan
This article examines the issues of current legal education through the prism of the ongoing processes of digital transformation. It is noted that legal education lags far behind digital needs and realities. In the light of the above, the author outlines the main directions for the development and improvement of legal education in order to train qualitatively new personnel, whose professional knowledge and skills will meet the current needs to the highest degree. The possibility of providing universities with appropriate highly specialized departments that train relevant personnel in the field of digital law is analyzed. The study of the experience of various universities suggests the need to revise the curricula of bachelor's and master's degrees with their subsequent adaptation to the ongoing processes of digitalization, namely, the provision of a number of disciplines related to the legal regulation of digital relations. Proposals are being made aimed at making changes to professional competencies, in particular, providing for such digital competence (subcompetence) as the ability to correctly apply the norms of substantive and procedural law in the field of digital rights of citizens.
{"title":"КАЧЕСТВЕННОЕ ОБНОВЛЕНИЕ ЮРИДИЧЕСКОГО ОБРАЗОВАНИЯ В УСЛОВИЯХ ЦИФРОВОЙ ТРАНСФОРМАЦИИ ОБЩЕСТВЕННЫХ ОТНОШЕНИЙ","authors":"Adelina Sargsyan","doi":"10.59546/18290744-2023.4-9-13","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-13","url":null,"abstract":"This article examines the issues of current legal education through the prism of the ongoing processes of digital transformation. It is noted that legal education lags far behind digital needs and realities. In the light of the above, the author outlines the main directions for the development and improvement of legal education in order to train qualitatively new personnel, whose professional knowledge and skills will meet the current needs to the highest degree. The possibility of providing universities with appropriate highly specialized departments that train relevant personnel in the field of digital law is analyzed. The study of the experience of various universities suggests the need to revise the curricula of bachelor's and master's degrees with their subsequent adaptation to the ongoing processes of digitalization, namely, the provision of a number of disciplines related to the legal regulation of digital relations. Proposals are being made aimed at making changes to professional competencies, in particular, providing for such digital competence (subcompetence) as the ability to correctly apply the norms of substantive and procedural law in the field of digital rights of citizens.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135212813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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