2020 MAY 2 (51)


1. Sergey Meghryan
Tigran Markosyan
Elina Geghamyan
The legal nature of the “compulsory” counterclaim institute and its ontological foundations in civil procedure

The “compulsory” counterclaim institute is one of the novelties of the new civil procedural legislation of the RA. The grounds for the establishment and the nature of the discussed institute are analyzed in this scientific paper in the context of domestic and foreign theoretical sources, procedural laws of the Republic of Armenia and other states, legal positions of the ECHR, the Constitutional court, the Cassation court and the practice of the US courts. In the result, authors conclude that the pleading of counterclaim, which completely or partially excludes the initial claim’s satisfaction, is not the defendants’ obligation but a right, the exercise of which, according to the legislator, as a general rule, can be implemented exclusively by filing a counterclaim for the exercise of the principles of legal certainty, res judicata, judicial economy, the inadmissibility of abuse of procedural rights and concentration and to guarantee the right of the parties to effective judicial protection.
Key words: “compulsory” counterclaim, estoppel, legal certainity, res judicata, judicial economy, concentration.

2. Artur Vardanyan
Principles of cooperative activities

The article analyzes the legal essence of the cooperative activity principles. In the article are mentioned the types of principles of cooperative activities in different developed countries of European Union and also in the United States. The legal essence of each principle is described. Realizing the importance of the principles we have suggested to make legislative changes, and fix the principles adopted by International Cooperative Alliance as a source of a cooperative law.
Key words- Cooperative, principles of cooperative activities, International Cooperative Alliance, open and voluntary membership, cooperative values.

3. Lilit Petrosyan
Pecularities of excercizing the principle of dispositivity in administrative court procedure

The article is devoted to the analyse of “ex officio” and dispositivity (optionality) principles in administrative court procedure. As a result, the notion and charatceristics of dispositivity principle and the authorities of the court are being discussed. The analyze of the norms of administrative court procedure indicates that even though this principle is not stipulated separately in the code of the administrative court procedure, its existence is evident in administrative court procedure. Furthermore, the author examines the manifestation of dispositivity principle in administrative court precodure, showing the ways it is realized, and makes a conclusion that this principle has certain peculiarities because of “ex officio” principle and can be limited because of the nature of public relationships. In other words, these peculiarities should be considered when defining dispositivity principle in the code of Administrative court Procedure.
Key words: principles, “ex officio” principle, dispositivity, administrative court proceedings, principle of dispositivity.

4. Izabella Iskandaryan
Legal aspects of free choice of employment in the light of international practice

The article examines the international judicial practice of various states in the field of the right to free choice of employment, reveals its economic basis and presents the content of this right and the practice of its implementation in the Republic of Armenia. The article substantiates that the choice of occupation is also a part of free choice of employment, and it can be practiced in a self- employed manner and as an economic activity. The article concludes that free choice of employment is one of the tools of implementation of the right to economic activity, thus in the course of legal regulations of economic activities, the right to free choice of employment may encounter limitations.
Key words: right to work, right to free choice of employment, right to economic activity, right to entrepreneurship.

5. Robert Mheryan
The concept of a charge and its functional characteristics in the criminal procedure of RA

The following article discusses scientific and legal specifications of the charge, theoretical perceptions of its material-legal and judicial-legal senses, clauses on a charge both in the current Code and the Draft, a range of decisions and judgments related to the topic made by the Court of Cassation of RA and the European Court. We have also investigated structural models of a charge, its simple and complex types. Along with some suggestions and considerations we suggest general concept of a charge which summarizes this scientific article.
Key words: charge, material-legal charge, judicial-legal charge, involve as an accused, bring criminal prosecution, prosecutor, file a charge, bring a charge, two-element and three-element models of a charge, simple charge, complex charge, Draft, Court of Cassation, European Court.

6. Aharon Rushanyan
General issues of legal structures for preventing cybercrime in the Republic of Armenia

This article describes the analysis of global social phenomenon as cybercrime – illegal deployment in areas of technological innovation, which cause damage to the Republic of Armenia, interests of organizations and persons. Here it is suggested a variety of cybersecurity, such as creating an online information platform, which will provide high level of cybersecurity. The article provides the legal basis for preventing cybercrime, while at the same time, international doctrinal problems of preventing cybercrime are noted.
Key words: Information technology, International Doctrinal Issues in Preventing Cybercrime, cybercrime, privacy, cybersecurity.

7. Zohrak Apresyan
Restriction of the right of land ownership for foreign citizens

This article discusses the restriction of the right of land ownership of foreign citizens and stateless persons in the Republic of Armenia, its exceptions, as well as the protection of the interests of foreign citizens and stateless persons conditioned by that restriction.
Key words: right of ownership, restriction of right, foreign citizen, stateless person, liquidation of a legal person.

8. Vahe Baghdasaryan
The relations between legislative and judicial powers of RA in the conditions of parliamentary governance system

The article presents the relations issues between legislative and judicial powers which exist in the conditions of parliamentary governance system operating in the Republic of Armenia. The active role of the legislative power that is aimed at organizing the judicial power, as well as its formation and the constitutional regulations of the legislative bases of function was studied in the conditions of parliamentary form of government.
The article refers to the election of the members of the Supreme Judicial Council and the judges of the Constitutional Court, as well as to the operating legal regulations and existing issues about the appointment of the Court of Cassation judges. The expanding on the interoperating connection between the bodies of legislative and judicial powers of RA was highlighted with the aim of providing complete and efficient use of the state power.
Key words: legislative power, judicial power, judge, parliamentary governance system, Supreme Judicial Council, National Assembly.


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