2020 OCTOBER 3 (52)


1. Vahe Torosyan
The separation of state and church in the legal-political context of the French Enlightenment

The article is devoted to the coverage of the issue of legal fixation of the secular state in the context of the French Enlightenment legal-political thought. It is noteworthy that the revolutionary changes in the New Era, in particular the Anglo-French bourgeois-democratic revolutions, had a huge impact on the legal settlement of state-church relations. The practical implementation of the latter took place in the center of such historical and political realities, when a substantive task was set for the revision of the monarchical order and the recognition of human natural rights. The French Enlighteners, from their typical materialist worldview, predetermined the realization of these revolutionary ideas, including the separation of the church and the right to freedom of conscience.
Key words: Secular state, state-church relations, right to freedom of conscience, French Enlightenment legal-political thought.

2. Gevorg Barseghyan
Several issues of the application of the territorial principle of criminal law

This paper discusses the main problems of applying the territorial principle of criminal law. On the basis of the research of the RA legislation and international failed acts the problems connected with the determination of the territory of the state and the place of crime, as well as the exclusion of the application of the territorial principle are presented. As a result of the research, proposals are made aimed at improving the RA legislative and law enforcement practices.
Key words: criminal law, action in space, territorial principle, non-recognized state, no state owned territory, ongoing and continuing crimes, Internet, cybercrime.

3. Varazdat Sukiasyan
The Essence of Defense of Secret Protected by Law

Researchers of the correlation between the legal categories of “protection of secrets” and “defense of secrets” cannot agree on their nature, content and permissible limits. Scientists from different research areas have formed opposing positions on the issue of the relationship between these concepts. The article made an attempt to generalize the views of various scientists and researchers on the problem associated with the ratio of these categories, and also gave a definition of the term “defense of secret.”
Key words: legal protection, legal defense, legal liability, legal guarantees, lawful behavior, offense, secret.

4. Narine Arakelyan
Issues on the termination of citizenship of RA within the framework of the action of compelling

This article discusses some issues on examining the action of compelling a president of RA to terminate the citizenship of RA as the action of compelling stipulated by the Administrative procedure code of RA and the aim of the examination is connected to the absence of legal regulations and some disagreements in judicial practice.
Key words: President of RA, citizenship of RA, action of compelling, order, administrative act, administrative procedure, authority.

5. Virab Vardanyan
The constitutional and legal content and significance of the constitutional principles of the proportionality of guilt and punishment, the relationship with other constitutional and legal principles

The work tries to reveal as much as possible the meaning and significance of the principles of the proportionality of guilt and punishment, to highlight the enshrinement of the legal principle at the constitutional level as a circumstance that has a certain impact on its significance.
The paper also attempts to highlight the interpretation of the legal principle as a useful tool for discovering the meaning and significance of the principle.
An attempt was also made to reveal the connection between the constitutional principles of the proportionality of guilt and punishment, and the relationship with other constitutional and legal principles under the new constitutional regulations.
Key words – principle of law, constitutional principle, meaning and content of the principle, significance of the principle, interpretation, legal system.

6. Naira Zohrabyan
Karapet Hambardzumyan
The Functions of the Probation Service and Obvious Challenges

The article argues the necessity to establish new criminal restorative justice, presents a number of theoretical and practical challenges faced by the Probation Service while fulfilling its tasks, analyzes existing gaps in the Law on Probation, proposes a number of amendments to the Criminal, Criminal Procedure and Penitentiary Codes aimed at ensuring fully-fledged implementation of the Law on Probation.
Key words: probation service, restorative justice, alternative sanctions, procedure, mediation.

7. Marta Meliksetyan
Partial criminological analysis of cases of domestic violence and development of recommendations based on it

The article examines the determinants of domestic violence registered at the Malatya Police Division from January 1, 2019 to July 1, 2020. The author presented the development of relevant legislative proposals based on the analysis of problems arising in the exercise of powers established by the law of the Republic of Armenia “On the prevention of domestic violence, the protection of persons subjected to domestic violence, and the restoration of harmony in the family. “On the Prevention of Domestic Violence, Protection of Persons Suffered by Domestic Violence and Restoring Consent in the Family” RA Law.
Key words: family, violence, prevention, reasons, conditions, registration.

8. Lara Petrosyan
Electronic evidence as a specific type of evidence

Along with the development of the concept of the information society, there is a need to reform and modernize the legal framework regulating public relations. In particular, amendments to the legislation are necessary to use electronic information as evidence within criminal proceedings. The purpose of this study is to determine whether there is a need to define electronic evidence as a specific type of evidence. And accordingly, file proposals aimed at the improvement of the existing legislation, which will enable the establishment of an effective mechanism for the inclusion of electronic data in the evidential base, considering the peculiarities of electronic data.
Key words: evidence, criminal procedural code, draft of a new criminal procedural code, electronic information, electronic carrier of information, electronic evidence.


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