2021 DECEMBER 3 (55)


1. Rafik Khandanyan
Negation of judicial control over legality of normative legal acts in the Republic of Armenia (1999-2006)

The article analyzes the institution of judicial control over legality of normative legal acts in the Republic of Armenia from 1999 to 2006. More accurately, it reveals such questions as why Armenian judicial system avoided judicial control over legality of normative legal acts from 1999 to 2006 and was it due to the political situation in the country or not. The article reflects differences between constitutional control over normative legal acts and control over legality of normative legal acts, court’s decisions and opinions of outstanding scientists on power of Armenian courts to control legality of normative legal acts. The decision of the Constitutional court of the Republic of Armenia which changed the practice of avoiding judicial control over legality of normative legal acts is also discussed in the article.
Key words: normative legal act, judicial control, nihilism, constitutionality, legality, executive power, The Supreme Court of the Republic of Armenia, The Constitutional Court of the Republic of Armenia.

2. Lusine Sargsyan
The issues of compensation for damages caused by usage of provisional remedy in civil procedure code

The article is devoted to the issue of compensation for damage caused by the usage of provisional remedies by the courts. The right of persons participating in the case for compensation for damages which is caused by the usage of provisional remedies against whom was unjustly used provisional remedy is one of the best methods to protect rights.
We consider that the person participating in the case against whom was used provisional remedies, when that kind of usage will be recognized as unjust in all cases should have the right to file a claim of compensation for damages caused by the usage of provisional remedies.
Key words: provisional remedy, compensation for damage, civil procedure.

3. Nairi Sargsyan
Financial control as a legal way of economic management and anti-corruption

This article attempts to ientify financial control and regulation components of financial policy, such as legality, financial discipline, monetary control, which by their nature are complex anti-corruption actions aimed at eliminating corruption in the economy.
Key words: financial policy, management method, money control, financial discipline, financial legitimacy, corruption, financial irregularities, financial control.

4. Hasmik Harutyunyan
The impact of judicial and legal reform programs on the establishment of judicial independence in the Republic of Armenia

This article is dedicated to the study of implemented judicial reform programs and their impact of the latter on judicial independence in the Republic of Armenia. The study was based on the first strategic plans implemented after the 1995 Constitution and the actions envisaged in them. The article places special emphasis on the measures taken to ensure the independence of the courts and the self-governing bodies of the judiciary through the implemented programs. The problem under study is considered both theoretically and practically. As a result, the article highlights the effectiveness of the measures taken in the Republic of Armenia on the issue, the gaps and the challenges that still exist.
Key words: Judiciary, judicial-legal reforms, strategic plan, domestic legislation, measures taken, self-governing bodies to ensure independence.

5. Robert Khachatryan
Key performance indicators of research universities’ scientific research in the context of knowledge-based economy

One of the mandatory processes for ensuring the efficiency and continuity of scientific research activities of research universities is the regular assessment of scientific-research results and the use of measurable indicators. This needs to be done at different stages of the research process in order to maximize the anticipated outcomes. From this perspective, research universities can develop and define key performance indicators (KPIs). The development and functioning of KPIs is an integral part of the strategic management process of any organization through which governing bodies of universities, including leaders, policy and decision makers can measure and evaluate the achievements and outcomes obtained in targeted areas.
Key words: research universities, scientific research activity, key performance indicators, performance evaluation.

6. Ruben Nalbandyan
On the need to amend the legislation of the Republic of Armenia around operational-investigative activity

The implementation of reform of the legislation in the field of criminal proceedings in the Republic of Armenia is conditioned on the improvement of the RA Law «On operational- investigative activity».
The article attempts to justify the need for changes in the current legislation in the field of operational and investigative activities in the Republic of Armenia. Has been done a substantive analysis of the changes made to the RA Law «On operational and investigative activities» was carried out. Have been Presented proposals for the preparation of new amendments to the named law.
Key words: operatively-search work, operatively-search activity, operatively-search policy, legal framework.

7. Arman Hakobjanyan
Alternative dispute resolution perspectives in the Republic of Armenia

In this article, the main problems of ADR mechanisms in the Republic of Armenia were raised. The main mechanisms being used in Armenia are arbitration and mediation, which do not have massive awareness. The main issues for mediation are the absence of a standing committee of mediators’ qualification and that judges do not direct disputes to mediation.
It is suggested to establish a standing committee and a public policy to raise awareness on mediation. The main issues about arbitration are the lack of awareness and trust from society. It is suggested to take steps to ensure the independence and impartiality of arbitral tribunals. ADR perspectives in the Republic of Armenia are the implementation of other types of ADR mechanisms such as negotiations and expert determination, and e-arbitration. The main advantages and disadvantages of e-arbitration are analyzed.
Key words: ADR, arbitration and mediation, arbitral tribunal, negotiation, expert determination, e-arbitration.

8. Ruben Avagyan

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