Pub Date : 2023-01-01DOI: 10.59546/18290744-2023.4-9-3
RAFAYEL VARDANYAN, ARMEN SHUKURYAN
In this article the author has systematically analyzed the problems related to the origin and development of comparative jurisprudence in specific countries, in particular the origin and development of the idea of comparative jurisprudence in the ancient world, the development of the views of comparative jurisprudence in the Middle Ages, the historical-philosophical aspects of comparative jurisprudence direction In Germany, the development of comparative jurisprudence in England and the USA, comparative jurisprudence in Russia, comparative jurisprudence in the first half of the 20th century, comparative jurisprudence in the period after World War 2, comparative jurisprudence and international scientific cooperation. The ideas of comparative jurisprudence in the ancient world were more prominently manifested in the works of the philosophers of Ancient Athens and the lawyers of Ancient Rome, according to Western scholars, it was here that not only comparative-legal ideas were formed for the first time but also, in practice for the first time, an attempt was made to subject the state and law to comparative research. In the Middle Ages, the ideas of comparative jurisprudence had a certain development based on the borrowing (reception) of Roman law, the formation and coordination of canon law, as well as national legal system (mainly) on the basis of customary law. Comparative legal studies continued throughout the Middle Ages, up to modern times, when Montesquieu, Hugo Grotius, Pufendorf, and others succeeded one another. In the new and modern period, comperative legal researches not only multiplied in therms of volume, but also took on a systematic nature and was gradually formed as an independent legal science.
{"title":"ՀԱՄԵՄԱՏԱԿԱՆ ԻՐԱՎԱԳԻՏՈՒԹՅԱՆ ԾԱԳՈՒՄՆ ՈՒ ԶԱՐԳԱՑՈՒՄԸ (ՊԱՏՄԱԿԱՆ ԶԱՐԳԱՑՄԱՆ ՀԻՄՆԱԿԱՆ ՈՒՂԵՆԻՇՆԵՐԸ)","authors":"RAFAYEL VARDANYAN, ARMEN SHUKURYAN","doi":"10.59546/18290744-2023.4-9-3","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-3","url":null,"abstract":"In this article the author has systematically analyzed the problems related to the origin and development of comparative jurisprudence in specific countries, in particular the origin and development of the idea of comparative jurisprudence in the ancient world, the development of the views of comparative jurisprudence in the Middle Ages, the historical-philosophical aspects of comparative jurisprudence direction In Germany, the development of comparative jurisprudence in England and the USA, comparative jurisprudence in Russia, comparative jurisprudence in the first half of the 20th century, comparative jurisprudence in the period after World War 2, comparative jurisprudence and international scientific cooperation. The ideas of comparative jurisprudence in the ancient world were more prominently manifested in the works of the philosophers of Ancient Athens and the lawyers of Ancient Rome, according to Western scholars, it was here that not only comparative-legal ideas were formed for the first time but also, in practice for the first time, an attempt was made to subject the state and law to comparative research. In the Middle Ages, the ideas of comparative jurisprudence had a certain development based on the borrowing (reception) of Roman law, the formation and coordination of canon law, as well as national legal system (mainly) on the basis of customary law. Comparative legal studies continued throughout the Middle Ages, up to modern times, when Montesquieu, Hugo Grotius, Pufendorf, and others succeeded one another. In the new and modern period, comperative legal researches not only multiplied in therms of volume, but also took on a systematic nature and was gradually formed as an independent legal science.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"178 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":"134884967","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: 10.59546/18290744-2023.4-9-135
ROZA AMIROVA
International sanctions are restrictive measures of an economic or political nature that are imposed by states or authorized bodies of international organizations against certain countries, organizations, and individuals. The article contains a theoretical and practical analysis of some issues related to the force majeure criteria. Much more attention is paid to the current judicial practice of recognizing foreign sanctions as force majeure, also were raised the issues of releasing banks from liability in the presence of sanctions restrictions on the sphere of banking services related to money transfers. During the period when foreign countries apply large-scale sanctions against the Russian Federation, there are widespread situations when the signed agreements are impossible or difficult to implement. Since sanctions have become the new economic reality, participants of civil circulation try to shift their risks onto partners or banks when conflict situations arise. We think that, most likely, in the future, judicial practice will recognize sanctions as force majeure. In the conditions of the instability of the economic situation, when signing a contract, it is also necessary to describe the circumstances that parties will later consider as force majeure.
{"title":"МЕЖДУНАРОДНЫЕ САНКЦИИ В СФЕРЕ БАНКОВСКИХ УСЛУГ ПО ПЕРЕВОДАМ ДЕНЕЖНЫХ СРЕДСТВ КАК ФОРС-МАЖОРНОЕ ОБСТОЯТЕЛЬСТВО","authors":"ROZA AMIROVA","doi":"10.59546/18290744-2023.4-9-135","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-135","url":null,"abstract":"International sanctions are restrictive measures of an economic or political nature that are imposed by states or authorized bodies of international organizations against certain countries, organizations, and individuals. The article contains a theoretical and practical analysis of some issues related to the force majeure criteria. Much more attention is paid to the current judicial practice of recognizing foreign sanctions as force majeure, also were raised the issues of releasing banks from liability in the presence of sanctions restrictions on the sphere of banking services related to money transfers. During the period when foreign countries apply large-scale sanctions against the Russian Federation, there are widespread situations when the signed agreements are impossible or difficult to implement. Since sanctions have become the new economic reality, participants of civil circulation try to shift their risks onto partners or banks when conflict situations arise. We think that, most likely, in the future, judicial practice will recognize sanctions as force majeure. In the conditions of the instability of the economic situation, when signing a contract, it is also necessary to describe the circumstances that parties will later consider as force majeure.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"6 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":"135212067","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: 10.59546/18290744-2023.4-9-54
HAYK GRIGORYAN
The article examines the prohibitions of genocide established by Islamic doctrine and Muslim traditions. With a view to further qualification of the actions of the military and political leadership of Azerbaijan, the factual circumstances of the acts that took place in Nagorno-Karabakh since December 2022 are analyzed. Legal analysis of the elements of the crime of genocide. International legal and organizational problems of investigation, as well as problems of criminal responsibility of representatives of the military and political leadership of Azerbaijan for committing the crime of genocide of the Armenian population of Nagorno-Karabakh are analyzed. As examples, parallels are drawn between the relevant judgements of the International Tribunal for the Former Yugoslavia, the International Tribunal for Rwanda and the International Criminal Court (hereinafter ICC) for similar acts. The institution of immunity of State officials for genocide is under consideration. Since, at present, it is only possible to bring to justice the military and political leadership of another State at the international level, and the ICC potentially has jurisdiction to try genocide cases, Consideration is being given to the provisions of the Rome Statute of the ICC on the conditions for admission and investigation of crimes against the peace and security of mankind, including the crime of genocide.
{"title":"ПРОБЛЕМЫ ОТВЕТСТВЕННОСТИ ВОЕННО-ПОЛИТИЧЕСКОГО РУКОВОДСТВА АЗЕРБАЙДЖАНА ЗА ГЕНОЦИД АРМЯНСКОГО НАСЕЛЕНИЯ НАГОРНОГО КАРАБАХА","authors":"HAYK GRIGORYAN","doi":"10.59546/18290744-2023.4-9-54","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-54","url":null,"abstract":"The article examines the prohibitions of genocide established by Islamic doctrine and Muslim traditions. With a view to further qualification of the actions of the military and political leadership of Azerbaijan, the factual circumstances of the acts that took place in Nagorno-Karabakh since December 2022 are analyzed. Legal analysis of the elements of the crime of genocide. International legal and organizational problems of investigation, as well as problems of criminal responsibility of representatives of the military and political leadership of Azerbaijan for committing the crime of genocide of the Armenian population of Nagorno-Karabakh are analyzed. As examples, parallels are drawn between the relevant judgements of the International Tribunal for the Former Yugoslavia, the International Tribunal for Rwanda and the International Criminal Court (hereinafter ICC) for similar acts. The institution of immunity of State officials for genocide is under consideration. Since, at present, it is only possible to bring to justice the military and political leadership of another State at the international level, and the ICC potentially has jurisdiction to try genocide cases, Consideration is being given to the provisions of the Rome Statute of the ICC on the conditions for admission and investigation of crimes against the peace and security of mankind, including the crime of genocide.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"30 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":"135212297","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: 10.59546/18290744-2023.4-9-43
GOHAR AVAGYAN
One of the effective methods stipulated by the legislation, which ensures the implementation of judicial decisions, is by establishing a distinct mechanism for securing rights during administrative proceedings. This mechanism, referred to as “preliminary protection of rights,” operates separately from the method used to secure claims. The latter method is applicable only to three specific types of claims and does not extend to dispute claims. Notably, this study focuses on the suspension of administrative acts as a unique form of preliminary protection. It sheds light on the distinctions between this suspension and the general claim securing process. Furthermore, it underscores legislative strategies, identifies legal gaps in the current framework, and suggests legal remedies. The research explores the differences between suspending the execution of an administrative act and suspending its operation. It emphasizes the necessity of empowering courts to employ protective measures while investigating the factual context of a case, guided by terms such as “significant damage,” “reasonable doubt,” and “ impossibility of rights protection.” The interpretation of these terms forms the foundation for suspending administrative acts. The investigation delves into varying interpretations of the term “impossibility” and advocates for uniformity in its application. It also delves into instances where immediate execution of administrative acts is mandated, both as a legal requirement and as a rationale for their swift execution by administrative bodies. This analysis considers the interplay between public and private interests in these scenarios. In this pursuit, the study draws insights from international practices, as well as domestic legislative and judicial experiences. It pinpoints legal gaps and introduces potential legal remedies within this framework.
{"title":"ԱՊԱՀՈՎՄԱՆ ԻՆՍՏԻՏՈՒՏԻ ԱՌԱՆՁՆԱՀԱՏԿՈՒԹՅՈՒՆՆԵՐԸ ՎԻՃԱՐԿՄԱՆ ՀԱՅՑԻ ՀԻՄԱՆ ՎՐԱ ՀԱՐՈՒՑՎԱԾ ԳՈՐԾԵՐՈՎ","authors":"GOHAR AVAGYAN","doi":"10.59546/18290744-2023.4-9-43","DOIUrl":"https://doi.org/10.59546/18290744-2023.4-9-43","url":null,"abstract":"One of the effective methods stipulated by the legislation, which ensures the implementation of judicial decisions, is by establishing a distinct mechanism for securing rights during administrative proceedings. This mechanism, referred to as “preliminary protection of rights,” operates separately from the method used to secure claims. The latter method is applicable only to three specific types of claims and does not extend to dispute claims. Notably, this study focuses on the suspension of administrative acts as a unique form of preliminary protection. It sheds light on the distinctions between this suspension and the general claim securing process. Furthermore, it underscores legislative strategies, identifies legal gaps in the current framework, and suggests legal remedies. The research explores the differences between suspending the execution of an administrative act and suspending its operation. It emphasizes the necessity of empowering courts to employ protective measures while investigating the factual context of a case, guided by terms such as “significant damage,” “reasonable doubt,” and “ impossibility of rights protection.” The interpretation of these terms forms the foundation for suspending administrative acts. The investigation delves into varying interpretations of the term “impossibility” and advocates for uniformity in its application. It also delves into instances where immediate execution of administrative acts is mandated, both as a legal requirement and as a rationale for their swift execution by administrative bodies. This analysis considers the interplay between public and private interests in these scenarios. In this pursuit, the study draws insights from international practices, as well as domestic legislative and judicial experiences. It pinpoints legal gaps and introduces potential legal remedies within this framework.","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":"135211832","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 : 1900-01-01DOI: 10.59546/18290744-2023.1-3-68
Martha Meliksetyan
The article discusses the problem of the imperfection of legislation and mechanisms of cooperation between departments for juvenile affairs and for the prevention of domestic violence and guardianship and guardianship authorities in the field of protecting the rights of children who have been subjected to violence. Proposals for improving legislation and cooperation mechanisms are presented, based on the conclusions and research of the author in the course of the author’s practical activities.
{"title":"ԲՌՆՈՒԹՅԱՆ ԵՆԹԱՐԿՎԱԾ ԵՐԵԽԱՆԵՐԻ ԻՐԱՎՈՒՆՔՆԵՐԻ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ՈԼՈՐՏՈՒՄ ՀՀ ՈՍՏԻԿԱՆՈՒԹՅԱՆ ԱՆՉԱՓԱՀԱՍՆԵՐԻ ԳՈՐԾԵՐՈՎ ԵՎ ԸՆՏԱՆԻՔՈՒՄ ԲՌՆՈՒԹՅԱՆ ԿԱՆԽԱՐԳԵԼՄԱՆ ՍՏՈՐԱԲԱԺԱՆՈՒՄՆԵՐԻ ԵՎ ԽՆԱՄԱԿԱԼՈՒԹՅԱՆ ԵՎ ՀՈԳԱԲԱՐՁՈՒԹՅԱՆ ՄԱՐՄԻՆՆԵՐԻ ՀԱՄԱԳՈՐԾԱԿՑՈՒԹՅԱՆ ԿԱՏԱՐԵԼԱԳՈՐԾՄԱՆ ՈՒՂԻՆԵՐԸ","authors":"Martha Meliksetyan","doi":"10.59546/18290744-2023.1-3-68","DOIUrl":"https://doi.org/10.59546/18290744-2023.1-3-68","url":null,"abstract":"The article discusses the problem of the imperfection of legislation and mechanisms of cooperation between departments for juvenile affairs and for the prevention of domestic violence and guardianship and guardianship authorities in the field of protecting the rights of children who have been subjected to violence. Proposals for improving legislation and cooperation mechanisms are presented, based on the conclusions and research of the author in the course of the author’s practical activities.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126601326","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 : 1900-01-01DOI: 10.59546/18290744-2023.1-3-17
Tiruhi Aslanyan
The article discusses international and domestic legal norms for the protection of the interests and rights of mother and child. Protecting the interests of the family, mother and child is one of the constitutional principles. Article 16 of the Constitution of the Republic of Armenia defines: the family as the natural and basic unit of society, the basis for the preservation and reproduction of the population, as well as motherhood and childhood are under special protection and patronage of the State.
{"title":"ՄՈՐ ԵՎ ՄԱՆԿԱՆ ՇԱՀԵՐԻ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ՄԻՋԱԶԳԱՅԻՆ ԵՎ ՆԵՐՊԵՏԱԿԱՆ ԻՐԱՎԱԿԱՆ ՆՈՐՄԵՐԻ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆ","authors":"Tiruhi Aslanyan","doi":"10.59546/18290744-2023.1-3-17","DOIUrl":"https://doi.org/10.59546/18290744-2023.1-3-17","url":null,"abstract":"The article discusses international and domestic legal norms for the protection of the interests and rights of mother and child. Protecting the interests of the family, mother and child is one of the constitutional principles. Article 16 of the Constitution of the Republic of Armenia defines: the family as the natural and basic unit of society, the basis for the preservation and reproduction of the population, as well as motherhood and childhood are under special protection and patronage of the State.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127691243","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 : 1900-01-01DOI: 10.59546/18290744-2023.1-3-108
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 II) – ԻՐԱՎՈՒՆՔԻ ԱՂԲՅՈՒՐՆԵՐՆ ՈՒ ԻՐԱՎԱՍՏԵՂԾՈՒՄԸ ՄԻՈՒԹԵՆԱԿԱՆ ԻՐԱՎՈՒՆՔՈՒՄ","authors":"Gor Hovhannisyan","doi":"10.59546/18290744-2023.1-3-108","DOIUrl":"https://doi.org/10.59546/18290744-2023.1-3-108","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. \u0000The 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. \u0000The 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. \u0000The fourth part explains the fundamental freedoms as the central means for establishing the internal market.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124136878","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 : 1900-01-01DOI: 10.59546/18290744-2023.1-3-75
Adelina Sargsyan
. Scientific and technological breakthrough, improvement of medical care technologies, processes of genetic engineering and other biomedical technologies require proper legal, including criminal law regulation. Of course, many potentially socially dangerous acts in these areas have not found their actual manifestation to date, but this does not mean that they do not require criminal legal regulation. After all, several decades ago, with the same success, the world community did not even assume about such negative phenomena as cybercrime, in particular, cyberterrorism, cyberterrorism, phishing, etc., while today the efforts of many states are aimed precisely at criminal legal counteraction to the noted illegal encroachments. In the absence of a definition of the concept of “iatrogeny” and “iatrogenic crimes” at the legislative level, the issues of classification of iatrogenic crimes are widely discussed in scientific circles. Most authors refer to them only traditional iatrogenic crimes, at the same time, we defend the position regarding the attribution of non-traditional iatrogenic crimes to them, which have no less degree of public danger. The issues of genomic research are relevant primarily due to the fact that they are at the intersection of ethics and law. To date, such issues as editing, modification of the human genome, the legal status of the human embryo and its criminal protection, new reproductive technologies are on the agenda. The development of biomedical technologies actualizes the issue of their proper legislative regulation, criminalization of potential socially dangerous acts in the areas under consideration and identification of criminal law problems in the application of modern biomedical technologies.
{"title":"ԺԱՄԱՆԱԿԱԿԻՑ ԿԵՆՍԱԲԺՇԿԱԿԱՆ ՏԵԽՆՈԼՈԳԻԱՆԵՐԻ ՔՐԵԱԻՐԱՎԱԿԱՆ ԿԱՐԳԱՎՈՐՄԱՆ ԱՆՀՐԱԺԵՇՏՈՒԹՅԱՆ ՈՐՈՇ ՀԻՄՆԱՀԱՐՑԵՐ","authors":"Adelina Sargsyan","doi":"10.59546/18290744-2023.1-3-75","DOIUrl":"https://doi.org/10.59546/18290744-2023.1-3-75","url":null,"abstract":". Scientific and technological breakthrough, improvement of medical care technologies, processes of genetic engineering and other biomedical technologies require proper legal, including criminal law regulation. Of course, many potentially socially dangerous acts in these areas have not found their actual manifestation to date, but this does not mean that they do not require criminal legal regulation. After all, several decades ago, with the same success, the world community did not even assume about such negative phenomena as cybercrime, in particular, cyberterrorism, cyberterrorism, phishing, etc., while today the efforts of many states are aimed precisely at criminal legal counteraction to the noted illegal encroachments. In the absence of a definition of the concept of “iatrogeny” and “iatrogenic crimes” at the legislative level, the issues of classification of iatrogenic crimes are widely discussed in scientific circles. Most authors refer to them only traditional iatrogenic crimes, at the same time, we defend the position regarding the attribution of non-traditional iatrogenic crimes to them, which have no less degree of public danger. The issues of genomic research are relevant primarily due to the fact that they are at the intersection of ethics and law. To date, such issues as editing, modification of the human genome, the legal status of the human embryo and its criminal protection, new reproductive technologies are on the agenda. The development of biomedical technologies actualizes the issue of their proper legislative regulation, criminalization of potential socially dangerous acts in the areas under consideration and identification of criminal law problems in the application of modern biomedical technologies.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129236265","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 : 1900-01-01DOI: 10.59546/18290744-2023.1-3-3
Armen Asatryan
Within the framework of the article, the essential impact of the supremacy of law as a fundamental principle on society, its organizational and functional aspects was discussed and analyzed. As a result of the analyzes carried out within the framework of the article, the substantive aspect of the legal society was presented, according to which it is a liberal, democratic, pluralistic, open society formed as a result of the operation of the fundamental principle of the supremacy of law, the main subjects of which are considered to be free people living within the framework of a common legal law and a common legal system, legal entities-individuals.
{"title":"«ՔԱՂԱՔԱՑԻԱԿԱՆ ՀԱՍԱՐԱԿՈՒԹՅՈՒՆ» ԿԱՏԵԳՈՐԻԱՅԻ ԻՄԱՍՏԱՎՈՐՈՒՄՆ ԻՐԱՎՈՒՆՔԻ ԳԵՐԱԿԱՅՈՒԹՅԱՆ ԼՈՒՅՍԻ ՆԵՐՔՈ","authors":"Armen Asatryan","doi":"10.59546/18290744-2023.1-3-3","DOIUrl":"https://doi.org/10.59546/18290744-2023.1-3-3","url":null,"abstract":"Within the framework of the article, the essential impact of the supremacy of law as a fundamental principle on society, its organizational and functional aspects was discussed and analyzed. As a result of the analyzes carried out within the framework of the article, the substantive aspect of the legal society was presented, according to which it is a liberal, democratic, pluralistic, open society formed as a result of the operation of the fundamental principle of the supremacy of law, the main subjects of which are considered to be free people living within the framework of a common legal law and a common legal system, legal entities-individuals.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126464345","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 : 1900-01-01DOI: 10.59546/18290744-2023.1-3-100
Armen Haykiants
When a national conflict of laws rule chooses a foreign law, the court is bound to apply the foreign law. However, the court does not own foreign law, and the state must help the court to clarify the content of foreign law. National civil legislation provides for such mechanisms, but these mechanisms are not enough. A sufficient number of such mechanisms are provided by the European Convention on Information Relating to Foreign Laws of 1968, but the Republic of Armenia has not acceded to the European Convention.
{"title":"ԴԱՏԱՐԱՆՆԵՐԻ ԿՈՂՄԻՑ ՕՏԱՐԵՐԿՐՅԱ ՕՐԵՆՔԻ ԲՈՎԱՆԴԱԿՈՒԹՅԱՆ ՊԱՐԶԱԲԱՆՄԱՆ ՄԻ ՔԱՆԻ ԳՈՐԾՆԱԿԱՆ ՀԱՐՑԵՐ","authors":"Armen Haykiants","doi":"10.59546/18290744-2023.1-3-100","DOIUrl":"https://doi.org/10.59546/18290744-2023.1-3-100","url":null,"abstract":"When a national conflict of laws rule chooses a foreign law, the court is bound to apply the foreign law. However, the court does not own foreign law, and the state must help the court to clarify the content of foreign law. National civil legislation provides for such mechanisms, but these mechanisms are not enough. A sufficient number of such mechanisms are provided by the European Convention on Information Relating to Foreign Laws of 1968, but the Republic of Armenia has not acceded to the European Convention.","PeriodicalId":174588,"journal":{"name":"Դատական իշխանություն / Judicial Power","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129459257","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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