2021 JUNE 2 (54)


1. Virab Vardanyan
International experience of legal expression of principles of guilt and proportionality of punishment, law-making and law-enforcement practice: comparative analysis

The work examines the status of legal enshrinement of the principle of guilt and the principle of proportionality of punishment in different countries of the world. The international experience existing in different countries in relation to the mentioned legal principles in the law-making and law-enforcement practice was revealed.
The scientific article also explores the possibilities of exchanging existing international and domestic experience in relation to the legal principles under discussion, in favor of ensuring the principles of proportionality of guilt and punishment.
Key words: principle of guilt, principle of proportionality of punishment, international experience, law-making practice, law-enforcement practice.

2. Romela Manukyan
The Content of the Concept of “Foreign Military Base” in the Context of National and International Law

An integral part of modern interstate relations has become deployment of a military base of one state on the territory of another state, which often raises many legal issues.
In order to get a more comprehensive picture of the legal status of foreign military bases abroad and to find in-depth solutions to emerging legal issues, first of all it is necessary to understand what a foreign military base is under international law.
In the framework of this study, referring to the possible variants of the presence of a state’s military forces in the territory of another foreign state, an attempt is made to define the concept of “foreign military base” and reveal the features of the latter within the framework of law.
Key words: foreign military base, international law, sovereignty, foreign military deployment, military facility.

3. Gevorg Virabyan
On the issue of factual presumptions

The main problem of factual presumptions is by no means new in law, and the idea of disclosing the essence of the latter still continues to be one of the integrals accompanies of the creative life of jurists. In particular, a brief description of legal thought about factual presumptions over the decades leads to the fact that the doctrine has developed two approaches philosophical and legal, which classify presumptions according to the fact of fixation as legal and factual, offering their ideas for solving the problem. The problem is that the proposed solutions do not take a unified approach, but rather lead to a deadlock, supplementing the list of obstacles to the development of a general theory of legal presumptions.
In order to develop the concept of general theory of integration of sectoral approaches of legal presumptions, this article is devoted to factual presumptions, in the framework of which the author systematically analyzed the solutions proposed by philosophical and legal approaches, identified shortcomings, specified the issue, presented his vision. The near future of jurisprudence if the legal public does not abandon traditional approaches. Conducted research, methodological basis which is followed by instrumental theory of law has a scientific-practical significance.
Key words: factual presumption, legal presumption, accessary legal remedy, legal rule, legal principle, law analogy, instrumental theory of law, postulate, judgement, conclusion, positive law.

4. Hayarpi Zargaryan
The right of the child to be heard in civil proceedings

The right of the child to express his or her opinion freely is the best way to ascertain the best interests of the child. The best exercise of other rights of the child is conditioned by the realization of this right. We believe that the right of the child to express an opinion is called to ensure one of the most important right of the child – the right to free movement – its protection, which can best be ensured by finding out the opinion of the child, taking it into account.
Key words: the right to freely express child’s opinion, a certain level of maturity of the child, the right of the child to be heard.

5. Lusine Minasyan
The image of a person as a special type of biometric personal data

This article deals with issues concerning the image of a person as a special type of biometric personal data. In this study, analyzed the importance and characteristics of biometric personal data in a complete system of personal data protection. Were studied separately, the image of a person as inseparable part of the one’s personality was analyzed in the light of those regulations according to which the image of a person has to be protected.
Comprehensive analysis has undergone the importance of the protection of image as an integral part of the fundamental right to a decent life and the ever-growing need of its special status in the world of biometric personal data protection.
Key words: personal data, right to personal data protection, biometric personal data, personal image, fundamental rights.

6. Robert Khachatryan
Fiduciary Relations among Higher Education Institutions and Stakeholders in the Context of Operation of Endowment Funds

The current developments and financial problems emerged globally in the field of higher education have also set new challenges to higher education institutions of the Republic of Armenia (RA HEIs) which have inevitably led to the financial crisis of higher education and significant changes in state funding. In order to overcome these challenges, HEIs need to focus more on building and reinforcing trust-based or fiduciary relationships with their key stakeholders in order to ensure financial sustainability and overall efficiency of their activity. The HEIs which ensure strong fiduciary relationships with their stakeholders have greater opportunities to get more independent from state funding ensure financial sustainability and effectively manage their endowment funds due to financial investment made by HEIs’ stakeholders.
Key words: endowment funds of higher education institutions, financial management, fiduciary relations, fiduciary responsibilities, fiduciary functions, strategic management of higher education institutions.


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