Pub Date : 2023-09-25DOI: 10.54503/2953-8165-2023.1(1)-115
Davit Hakobyan
With the constitutional change of 2015, Armenia made an uncomplete transition from the semi-presidential system of governance to parliamentary democracy. Within the first chapter, this article presents the constitutional role, functions of the President of Armenia, and the powers vested in the President in accordance with the constitutional architecture that has been in place since 2015. The adequacy of constitutional status attributed to the President as well as the scope of the powers and duties are assessed given the formation of the Government, election and resignation of the Prime Minister, applicable electoral system, applicable regime of the dissolution of the Parliament, formation of autonomous bodies stipulated by the Constitution (Central Bank, Central Electoral Commission etc.), the given solutions in deadlock situations when the political majority is not able to secure 3/5th of the votes and elect a member of the politically neutral body, the powers given to the parliamentary minority, and the quality of the political discourse. The second chapter discusses what are the main expectations from the President’s office, what is the aim of establishing a non-executive president based on the nature of the Armenian parliamentary democracy and adopted constitutional architecture? Considering the models set out in the guidelines provided by the International IDEA as well as based on the legal comparative research, the second chapter suggests what discretionary powers should be given to the President so that he or she can act as constitutional arbiter but meanwhile prevented from becoming a player in the political game.
{"title":"Role and Powers of the Non-Executive President in the Republic of Armenia: Unfinished Constitutional Transition from a Semi-Presidential System of Governance to the Armenian Parliamentary Democracy","authors":"Davit Hakobyan","doi":"10.54503/2953-8165-2023.1(1)-115","DOIUrl":"https://doi.org/10.54503/2953-8165-2023.1(1)-115","url":null,"abstract":"With the constitutional change of 2015, Armenia made an uncomplete transition from the semi-presidential system of governance to parliamentary democracy. Within the first chapter, this article presents the constitutional role, functions of the President of Armenia, and the powers vested in the President in accordance with the constitutional architecture that has been in place since 2015. The adequacy of constitutional status attributed to the President as well as the scope of the powers and duties are assessed given the formation of the Government, election and resignation of the Prime Minister, applicable electoral system, applicable regime of the dissolution of the Parliament, formation of autonomous bodies stipulated by the Constitution (Central Bank, Central Electoral Commission etc.), the given solutions in deadlock situations when the political majority is not able to secure 3/5th of the votes and elect a member of the politically neutral body, the powers given to the parliamentary minority, and the quality of the political discourse. The second chapter discusses what are the main expectations from the President’s office, what is the aim of establishing a non-executive president based on the nature of the Armenian parliamentary democracy and adopted constitutional architecture? Considering the models set out in the guidelines provided by the International IDEA as well as based on the legal comparative research, the second chapter suggests what discretionary powers should be given to the President so that he or she can act as constitutional arbiter but meanwhile prevented from becoming a player in the political game.","PeriodicalId":497991,"journal":{"name":"The POLITNOMOS․ Journal of Political and Legal Studies","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135815918","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 : 2023-09-25DOI: 10.54503/2953-8165-2023.1(1)-21
Hayk Nazaryan
Diplomatic relations between the Republic of Armenia and the Republic of India were established on August 31, 1992. Last year political-economic relations between the Republic of Armenia and the Republic of India grew fast, which also contributed to the development of military-technical cooperation between the two states. Especially, military-technical cooperation grew in 2022. This is determined by the fact, that after the invasion of the Russian armed forces of Ukraine, the Russian Federation cannot realize military contracts of supplying armament to Armenia. As a result, Armenia is trying to find other suppliers for recovering its heavy losses of military equipment, during the 44-day war. At the same time, India has been making focused efforts to increase defense exports in the scope of the ‘Make in India’ program. In fact, Armenia becomes the main importer of Indian-made weapons. The military-technical cooperation between the two states creates a possibility for Armenia to get access to new military technologies, including western advanced technologies, which are used to develop the military-industrial complex of India
{"title":"Military-Technical Cooperation between the Republic of Armenia and the Republic of India","authors":"Hayk Nazaryan","doi":"10.54503/2953-8165-2023.1(1)-21","DOIUrl":"https://doi.org/10.54503/2953-8165-2023.1(1)-21","url":null,"abstract":"Diplomatic relations between the Republic of Armenia and the Republic of India were established on August 31, 1992. Last year political-economic relations between the Republic of Armenia and the Republic of India grew fast, which also contributed to the development of military-technical cooperation between the two states. Especially, military-technical cooperation grew in 2022. This is determined by the fact, that after the invasion of the Russian armed forces of Ukraine, the Russian Federation cannot realize military contracts of supplying armament to Armenia. As a result, Armenia is trying to find other suppliers for recovering its heavy losses of military equipment, during the 44-day war. At the same time, India has been making focused efforts to increase defense exports in the scope of the ‘Make in India’ program. In fact, Armenia becomes the main importer of Indian-made weapons. The military-technical cooperation between the two states creates a possibility for Armenia to get access to new military technologies, including western advanced technologies, which are used to develop the military-industrial complex of India","PeriodicalId":497991,"journal":{"name":"The POLITNOMOS․ Journal of Political and Legal Studies","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135816956","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 : 2023-09-25DOI: 10.54503/2953-8165-2023.1(1)-7
Arpine Yesayan
Energy cooperation takes an important place in Russian-Turkish relations, and it is not merely for economic benefits. Its importance goes beyond it and serves as a restraint from direct clashes between the two countries in the context of their competition areas and clashes of interest putting the two countries economically interconnected. Besides, Turkey’s geopolitical value in the context of the EU energy crisis also rises as an alternative energy route for the EU to bypass Russia. On the other hand, Russia and Turkey successfully cooperate around common energy route projects, as Russia in its turn is eager to export gas bypassing Ukraine. Taking into consideration the geopolitical processes Russia and Turkey will continue to cooperate in the field of energy which is their main cooperation area due to which they avoid serious tensions and overcome crises in their relations.
{"title":"Russian-Turkish Relations in the Context on Energy Cooperation","authors":"Arpine Yesayan","doi":"10.54503/2953-8165-2023.1(1)-7","DOIUrl":"https://doi.org/10.54503/2953-8165-2023.1(1)-7","url":null,"abstract":"Energy cooperation takes an important place in Russian-Turkish relations, and it is not merely for economic benefits. Its importance goes beyond it and serves as a restraint from direct clashes between the two countries in the context of their competition areas and clashes of interest putting the two countries economically interconnected. Besides, Turkey’s geopolitical value in the context of the EU energy crisis also rises as an alternative energy route for the EU to bypass Russia. On the other hand, Russia and Turkey successfully cooperate around common energy route projects, as Russia in its turn is eager to export gas bypassing Ukraine. Taking into consideration the geopolitical processes Russia and Turkey will continue to cooperate in the field of energy which is their main cooperation area due to which they avoid serious tensions and overcome crises in their relations.","PeriodicalId":497991,"journal":{"name":"The POLITNOMOS․ Journal of Political and Legal Studies","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135815782","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 : 2023-09-25DOI: 10.54503/2953-8165-2023.1(1)-75
Arman Grigoryan
This article presents issues concerning the commencement of prescription periods relating to obligatory relations. The discussion begins with some general concepts and then focuses on international standards as well as an analysis of relevant Armenian legislation (pertaining to obligations) in that context. The aim of this article is to discuss the nature of prescription periods and determine how best to interpret regulations addressing prescription periods in obligatory relations or, if necessary, how they should be amended.
{"title":"Peculiarities of the Commencement of Prescription Period in Obligatory Relations: International Standards and the Armenian Legislation","authors":"Arman Grigoryan","doi":"10.54503/2953-8165-2023.1(1)-75","DOIUrl":"https://doi.org/10.54503/2953-8165-2023.1(1)-75","url":null,"abstract":"This article presents issues concerning the commencement of prescription periods relating to obligatory relations. The discussion begins with some general concepts and then focuses on international standards as well as an analysis of relevant Armenian legislation (pertaining to obligations) in that context. The aim of this article is to discuss the nature of prescription periods and determine how best to interpret regulations addressing prescription periods in obligatory relations or, if necessary, how they should be amended.","PeriodicalId":497991,"journal":{"name":"The POLITNOMOS․ Journal of Political and Legal Studies","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135815774","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 : 2023-09-25DOI: 10.54503/2953-8165-2023.1(1)-91
Artashes Khalatyan
This article is dedicated to the comparative analysis of the advisory opinion of the International Court of Justice on Kosovo, thereby revealing the criteria of the legality of realization of the right of peoples to self-determination and clarifying the question of their applicability to the Artsakh case. Historical and comparative methods of scientific research were used in the article, by means of which positive and negative aspects of the advisory opinion of the UN Court were highlighted. The analysis has shown that perhaps for the first time, an attempt was made by the International Court of Justice to define the criteria of the legality of the act of declaration of independence by a national community seeking self-determination, which aims to remove the right of peoples to self-determination from the sphere of political speculation and place it in the realm of legal certainty. The analysis also showed that the standards developed by the UN Court are fully applicable to Artsakh as well. The article also made an important record that even in the seemingly non-pro-Armenian stance of the ongoing negotiation process, new negotiation approaches being formed by Armenia are within the context of the legal logic of the UN court and thus have the potential to achieve legal confirmation of the independence of the people of Artsakh, if appropriate diplomatic and military-political work is carried out.
{"title":"Concept of Rights and Security of Nagorno-Karabakh People in Light of ICJ’s Advisory Opinion on Kosovo","authors":"Artashes Khalatyan","doi":"10.54503/2953-8165-2023.1(1)-91","DOIUrl":"https://doi.org/10.54503/2953-8165-2023.1(1)-91","url":null,"abstract":"This article is dedicated to the comparative analysis of the advisory opinion of the International Court of Justice on Kosovo, thereby revealing the criteria of the legality of realization of the right of peoples to self-determination and clarifying the question of their applicability to the Artsakh case. Historical and comparative methods of scientific research were used in the article, by means of which positive and negative aspects of the advisory opinion of the UN Court were highlighted. The analysis has shown that perhaps for the first time, an attempt was made by the International Court of Justice to define the criteria of the legality of the act of declaration of independence by a national community seeking self-determination, which aims to remove the right of peoples to self-determination from the sphere of political speculation and place it in the realm of legal certainty. The analysis also showed that the standards developed by the UN Court are fully applicable to Artsakh as well. The article also made an important record that even in the seemingly non-pro-Armenian stance of the ongoing negotiation process, new negotiation approaches being formed by Armenia are within the context of the legal logic of the UN court and thus have the potential to achieve legal confirmation of the independence of the people of Artsakh, if appropriate diplomatic and military-political work is carried out.","PeriodicalId":497991,"journal":{"name":"The POLITNOMOS․ Journal of Political and Legal Studies","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135815916","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 : 2023-09-25DOI: 10.54503/2953-8165-2023.1(1)-48
Narine Aghayan
Information and communication technologies (ICT) are developing rapidly in the world. Not yet adapted to the first wave, there is a need to follow and master the next ones in order to keep up with the demands of the time. Their influence in our time is very significant in all major spheres of activity of citizens, organizations, and the state. The opportunities offered by the Internet and cyberspace create broad prospects for the development of the political, economic, defense, and other spheres of the state. However, at the same time, the dangers and threats in the above-mentioned and all other areas are increasing dramatically.
{"title":"Cyber-Security as the Most Important Component of National Security","authors":"Narine Aghayan","doi":"10.54503/2953-8165-2023.1(1)-48","DOIUrl":"https://doi.org/10.54503/2953-8165-2023.1(1)-48","url":null,"abstract":"Information and communication technologies (ICT) are developing rapidly in the world. Not yet adapted to the first wave, there is a need to follow and master the next ones in order to keep up with the demands of the time. Their influence in our time is very significant in all major spheres of activity of citizens, organizations, and the state. The opportunities offered by the Internet and cyberspace create broad prospects for the development of the political, economic, defense, and other spheres of the state. However, at the same time, the dangers and threats in the above-mentioned and all other areas are increasing dramatically.","PeriodicalId":497991,"journal":{"name":"The POLITNOMOS․ Journal of Political and Legal Studies","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135815683","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 : 2023-09-25DOI: 10.54503/2953-8165-2023.1(1)-58
Varduhi Hovhannisyan
The article explores the features of EU integration in Armenia. After the collapse of the USSR, establishing relations with the states of the South Caucasus occupied an important place in the EU agenda. During the cooperation, the EU policy underwent changes within the framework of various projects, slowing down or deepening the cooperation with Armenia. By creating a slowly developing but at the same time stable cooperation with Armenia through the programs initiated, the EU ensured its visible presence in the country. Currently, there are internal and external factors that influence the integration process. Despite the existing challenges, the parties strive to strengthen and deepen cooperation. In this context, a number of programs initiated by the EU, such as the Partnership and Cooperation Agreements, the European Neighborhood Policy, the Eastern Partnership, and the Comprehensive and Enhanced Partnership Agreements are studied. The challenges of EU integration are also analyzed, the study of which is necessary to highlight the prospects of their solution, which will lead to clarifying the prospects of integration. In the end, it is justified, that currently, Armenia has no clear prospects for EU integration. Meanwhile being an EAEU member state and taking advantage of opportunities for deepening bilateral cooperation Armenia continues dialogue and cooperation with the EU as a member of the EaP.
{"title":"The Prospects of EU-Armenia Cooperation: Opportunities and Challenges","authors":"Varduhi Hovhannisyan","doi":"10.54503/2953-8165-2023.1(1)-58","DOIUrl":"https://doi.org/10.54503/2953-8165-2023.1(1)-58","url":null,"abstract":"The article explores the features of EU integration in Armenia. After the collapse of the USSR, establishing relations with the states of the South Caucasus occupied an important place in the EU agenda. During the cooperation, the EU policy underwent changes within the framework of various projects, slowing down or deepening the cooperation with Armenia. By creating a slowly developing but at the same time stable cooperation with Armenia through the programs initiated, the EU ensured its visible presence in the country. Currently, there are internal and external factors that influence the integration process. Despite the existing challenges, the parties strive to strengthen and deepen cooperation. In this context, a number of programs initiated by the EU, such as the Partnership and Cooperation Agreements, the European Neighborhood Policy, the Eastern Partnership, and the Comprehensive and Enhanced Partnership Agreements are studied. The challenges of EU integration are also analyzed, the study of which is necessary to highlight the prospects of their solution, which will lead to clarifying the prospects of integration. In the end, it is justified, that currently, Armenia has no clear prospects for EU integration. Meanwhile being an EAEU member state and taking advantage of opportunities for deepening bilateral cooperation Armenia continues dialogue and cooperation with the EU as a member of the EaP.","PeriodicalId":497991,"journal":{"name":"The POLITNOMOS․ Journal of Political and Legal Studies","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135858124","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 : 2023-09-25DOI: 10.54503/2953-8165-2023.1(1)-33
Lilit Sarvazyan
XIX-XX century’s geopolitical realities, constitutional and national-liberation movements, and the change in Ottoman statelegal order became the historic-political basis of the politicalphilosophical constructs of the thinkers of that time. Due to the military and diplomatic policies of the superpowers Full or partial liberation of the people under the rule of the Ottoman Empire was conceived by the Armenian nation as a historic injustice against the Armenians and a violation of the principle of the legal equality of the nations. In the context of these realities, prominent political scientist-philosophers of that century Maghakia Ormanyan (1841-1918) and Levon Shant (1869-1951) argue for the fundamental ideas of civilizational identity, protection of historical rights, political self-determination, freedom of self-government of the Armenian nation, substantiate independence and national-state sovereignty as highest values.
{"title":"Ideas of National Self-Determination and Sovereigntyin the Political-Philosophical Concepts of Maghakia Ormanyan and Levon Shant","authors":"Lilit Sarvazyan","doi":"10.54503/2953-8165-2023.1(1)-33","DOIUrl":"https://doi.org/10.54503/2953-8165-2023.1(1)-33","url":null,"abstract":"XIX-XX century’s geopolitical realities, constitutional and national-liberation movements, and the change in Ottoman statelegal order became the historic-political basis of the politicalphilosophical constructs of the thinkers of that time. Due to the military and diplomatic policies of the superpowers Full or partial liberation of the people under the rule of the Ottoman Empire was conceived by the Armenian nation as a historic injustice against the Armenians and a violation of the principle of the legal equality of the nations. In the context of these realities, prominent political scientist-philosophers of that century Maghakia Ormanyan (1841-1918) and Levon Shant (1869-1951) argue for the fundamental ideas of civilizational identity, protection of historical rights, political self-determination, freedom of self-government of the Armenian nation, substantiate independence and national-state sovereignty as highest values.","PeriodicalId":497991,"journal":{"name":"The POLITNOMOS․ Journal of Political and Legal Studies","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135858122","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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