2021 MARCH 1 (53)


1. Sergey Meghryan
Tigran Markosyan
Institute of the writ of execution in the context of the right to effective judicial protection

Among the prerequisites for initiating enforcement proceedings, executive documents are of paramount importance. The institute of the writ of execution is analyzed in this scientific paper in the context of domestic and foreign theoretical sources, international documents on enforcement procedure, procedural laws of the Republic of Armenia and other states, the legal positions of the ECHR, the Constitutional court of the RA; putting in the centre of the research the principle of procedural economy and the imperative to reduce the court overload as well. In the result, the authors conclude that the institute of the writ of execution in terms of content and procedure does not comply with efficiency requirement applicable to the right to enforcement of the judicial acts, in particular the principle of procedural economy. Authors suggest renouncing the institute of a writ of execution with the use of reciprocal legislative and technical means; in case of the judicial acts, considering directly a judicial act as an enforceable document.
Key words: act subject to compulsory enforcement, writ of execution, enforceable title, right to judicial protection, effectiveness of the enforcement procedure, judicial economy.

2. Vahe Torosyan
The meaning of the secular state in the legal-political views of the theorists of the Enlightenment

The discovery of the phenomenon of the secular state has attracted the attention of theorists and researchers of legal-political thought since ancient times. It is noteworthy that the idea of separating the state and the church gained the force of law in the legal documents that emerged during the Enlightenment. The latter’s need matured under the influence of religious dissent, the definition of the right to freedom of conscience, and the clarification of state-church relations. The article mainly discusses the theoretical and legal views of the English Enlightenment, which played a very important role in the understanding of the idea of the separation of the state and the church, and then in its legal fixation. In this article we have used the scientific methods of historical and logical, dialectical materialism, analysis and synthesis.
Key words: secular state, separation of state and church, right to freedom of conscience, legal and political thought.

3. Garik Keryan
Nver Kostanyan
Basic principles and forms of the right to vote

The phenomenon of elections is a subject of study not only in political science, but also in law and other social sciences. In this context, the concept of the right to vote and its many principles are also very important. These are the main topics that we have tried to consider in this article.
Key words: еlections, voting, forms of the right to vote, principles of the right to vote.

4. Tigran Dadunts
Historical development of the regulation of land relations with the participation of foreign persons

The article is devoted to the discussion of the issues of historical and legal development of regulation of land relations with the participation of foreign persons in Armenia. The article, starting from the beginning of the 19th century, analyzes the features of the land-legal status of foreign persons in different historical periods, the ways the restrictions and prohibitions applied and their causes, reveals the general principles and criteria that formed the basis of the legal regulation of the discussed relations.
Key words: Foreign persons, land, land rights, land relations, historical development, private property, land use, restrictions on rights.

5. Liana Malkasyan
Tribal leadership as a tribal management system

Summing up the research about “Tribal leadership as a system of tribal management”, it can be concluded: The tribal leadership power is summarized in formal status. Tribal leadership is ruled by an individual who has dominance towards subjects and is endowed with the right of divine rule. The only alternative to the religious legitimacy of the social power, which was formulated and preserved for millennia in the tribal leadership, was the formation of social contract concept, which, as a result of further political developments, led to the search, development, improvement of the organization of rational socio-political debate institutional mechanism and as a result of the formation and maintenance of the institution of the social contract.
Key words: tribal leadership, management system, power, target unions, leader, chieftain.

6. Arman Grigoryan
The impact of the death of a victim on the operation of the fundamental right to compensation

This article is devoted to the issues concerning the survival of the fundamental right to compensation after the victim’s death. The constitutional-legal nature of the claim to compensation, as well as the aim of the provision of such a fundamental right and in their light, tempted to reach some conclusions about the impact the death has on the operation of that particular fundamental right.
Key words: death, victim, claim to compensation, legal remedy, property, estate.

7. Zohrak Apresyan
The possibility of preservation and restoration of right of ownership while ensuring the public interests

This article discusses additional guarantees for the protection of the owner’s rights during the alienation of property with a view to ensuring overriding public interests. In particular, it deals with the need to preserve the right of ownership in cases where it is possible to achieve a goal of public interest without alienation of property, as well as the article considers the possibility of restoring the right of ownership to the owner in the event of termination of a goal of public interest.
Key words: right of ownership, alienation of property, fair balance, public interests, restoration of right, priority right.

8. Anna Mkrtchyan
The correlation of self- defense and the necessity defense in civil law

The self-defense institute is one of the institutes of civil law included in the system of protection of rights. Providing legal conditions and terms of self-defense won’t cause any negative consequences. But in the case of damage the essence of action have to be qualified. For this cases the institute of necessity defense should be analyze. The article highlights the legal terms both for self-defense and necessity defense, also defining them as a distinct institutes of private law.
Key words: damage, self-defense, the system of protection of rights, institute of necessity defense, necessity defense in private law.

9. Lilit Petrosyan
Some issues of application of the “ex officio’’ principle at administrative court

The article is devoted to some issues related to the application of “ex officio” principle at the Administrative Court of RA. The code of Administrative court Procedure defines judicial actions forming the content of the “ex officio” principle, yet, these actions are not differentiated from other judicial actions, at the same time, such a differentiation has a practical significance.
Thus, the article discusses definition and characteristics of the “ex officio” principle, the stages of applying judicial actions forming the content of this principle. Simultaneously, the author discusses certain issues regarding the institute of requesting evidence in the administrative court proceedings. As a result, the author suggests solutions to the issues presented in the article.
Key words: principle, “ex officio’’ principle, administrative procedure, evidence, requesting evidence.

10. Kristine Aleksanyan
Legitimate purpose as an element of the principle of proportionality

The article is devoted to the study of the element of the legitimate goal of the principle of proportionality of administration. The article discusses the issues of what goals within the framework of administration can justify restrictions on constitutional human rights, as well as what criteria an administrative body should be guided by when determining the goals pursued by the Constitution and the law.
Key words: restriction, constitutional law, administration, the principle of proportionality, legitimate purpose.

11. Ani Mikayelyan
Тhe legal consequences of violation of the rules of jurisdiction at the stage of acceptance of the statement of claim

The article is devoted to the issues related to the legal consequences of violations of the rules of jurisdiction at the stage of acceptance of the statement of claim. In the article the author offers her own version of the definition of the jurisdiction based on the term a tribunal established by law. In addition, the subject matter of this article is the question of returning the statement of claim on the grounds that the case is not within the jurisdiction of that court and the possibility of appealing against this decision.
Key words – “А tribunal established by law”, jurisdiction, jurisdiction, violation of the rules of jurisdiction, return of complaints.

12. Hasmik Hovakimyan
Sirarpi Mughdusyan
The Notion of the Concept of Resocialization of Convicts

This article presents the issues aimed at the resocialization of the process of rehabilitation criminal justice in the Republic of Armenia, as well as based on the strategy of the Republic of Armenia in the field of penitentiary and probation in 2019-2020, the program of measures for its implementation in 2019-2023 within the scope of which the interpretation of the concept of resocialization is suggested.
Key words -strategy, resocialization, criminal code, correction, punishment, crime, convict, penitentiary institution.

13. Narine Avagyan
Peculiarities of the protection of geographical indications, sources of origin and guaranteed traditional product

The current article discusses the issues related to the protection of geographical indications, sources of origin and guaranteed traditional product. In particular the article discusses the justifications for granting the protection to the aforementioned means of individualization. The author reveals the purpose of the aforementioned means and the correlation with intellectual property. The author suggests to protect geographical indications, sources of origin and guaranteed traditional product within unfair competition legislation.
Key words: geographical indication, sources of origin, guaranteed traditional products, intellectual property rights, exclusive rights, unfair competition.


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.