2019 JULY 2 (48)


1. Vahe Torosyan
Historical and legal motivations of secular and spiritual authorities in the context of monuments of ancient law

The article presents the historical and legal prerequisites of the process of crucial importance – the separation of secular and spiritual authorities in the origins of the idea of a secular state in the light of the monuments of ancient law. The research reveals the historical and legal preconditions that led to the separation of two independent spheres, thereby contributing to the formation of the idea of the phenomenon – a secular state, which is the cornerstone of democratic states in modern age.
Key words: secular state; separation of secular and spiritual authorities; freedom of religion; monuments of law.

2. Zohrak Apresyan
The moment of the origin of spouse’s right of ownership, that requires a state registration

In this article represents the moment of the origin of person’s property right, whose spouse acquired a property, which requires a state registration, during marriage: an attempt is made to find out the contradictions in the legal system of the Republic of Armenia on the issue above and to solve them.
Key words: right of ownership, property acquired during marriage, the basis of the origin of the right, the moment of the origin of the right, state registration of the right.

3. Izabella Iskandaryan
Fundamental issues of the constitutional adoption of the right to free choice of employment in the framework of the practice of the European Court of Human Rights

The article is dedicated to the cases of the European Court of Human Rights which related to forced or compulsory labour or the right to work. The court defined in its decisions the essence of the forced and compulsory labour and envisaged the principles underlying the right to free choice of employment. The conclusions made in these articles shall be useful for the construction of the right to free choice of employment set by the Constitution of the Republic of Armenia.
Key words: right to free choice of employment, forced and compulsory work, dismissal.

4. Virab Vardanyan
The preconditions of constitutional-legal entrenchment of the principle of guilt and the principle of proportionality of punishment

The aim of this article is to reveal all the possible reasons of the constitutional-legal entrenchment of the principles of guilt and proportionality of punishment, as well as their grounds and preconditions, the essence of the principle of law and the necessity to fix the two principles discussed in the same article of the Constitution. The relation /connection of the two principles has also been studied.
Key words – legal principle, principle of guilt, principle of proportionality of punishment, constitutional principle, constitutional guarantee, constitutional article.

5. Arman Grigoryan
The issues of constitutional-legal content of the basic right to compensation

This article refers to the constitutional right to compensation for damages. An attempt was made to disclose the constitutional-legal content of this fundamental right and present the legal bond between public power and individuals arising from it, taking into consideration the practice of the European Court of Human Rights concerning the abovementioned issue.
Key words: right to remedy, right to compensation, pecuniar and non-pecuniar damages, primary secondary rights.

6. Anna Mkrtchyan
Conditions of self-protection of law in civil law

The article is devoted to the institute of self-protection of rights in civil law (private law). The neccessary conditions of acts committed during the self-protection of rights were analyzed. The article also highlights the current legislation and makes proposals for improving the legislation.
Key words: self-protection of rights in civil law, legislation on self-protection of rights, self-protection of rights in private law.

7. Nataliya Makarenko
Professional criminal: criminological characteristics and results of sociological monitoring (in russian)

The article reveals the features of criminological characteristics of professional criminals. The characteristic features of the personality of professional criminals indicate the presence of such a specific sign of professional crime as criminal activity of persons of a special type. This feature is that professional criminals deliberately chose criminal activity as a tool to meet their material needs.
It has been proved that professional criminals are a group of the most dangerous and active criminals who consciously oppose themselves to society. They are characterized by constant readiness to commit crimes, a deep deformation of the sphere of interests and needs, negativism, and an extreme degree of individualism. The state of inadequacy reaches their level of complete break with the normal environment, and the satisfaction of their material needs becomes the most significant value.
These characteristics must be taken into account when organizing an effective social system of influence on professional crime.
Key words: the identity of the criminal, professional crime, criminal professionalism, self-serving motive.


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