This article for the first time attempts to distinguish the peculiarities of financial legal regulation of securities from the civil-legal regulation of the securities market and securities. Such peculiarities in practice emphasize the governmental, legal, organizational, supervisory and control powers of the state and local self-government bodies, thus distinguishing financial legal regulation of securities from property civil legal relations.
Based on the public legal regulations of the securities market, a number of proposals have been put forward to correct a number of errors of law and legislative gaps in the current Law on the Securities Market.
This article for the first time reveals that due to incorrect wording of the legislation, the central depository – as one of the subdivisions of securities market – acts as a legal entity (in a joint stock company) and cannot exercise supervisory and control powers, since the central depository carries out economic activity and shall have no power to perform state functions.
Key words: securities, securities market, securities issue, placement of securities, receipt, promissory note, depository, stock exchange.
The mere declaration of the right to compensation of non-pecuniary damage caused by administration is not enough to guarantee the execution of that right if the preconditions of remuneration are not clarified.
The existence of non-pecuniary damage and the illegality of administration are discussed in this scientific article and their essence as preconditions for compensation of non-property damage is analyzed – in the context of domestic and international legislation and theoretical sources, legal positions of the ECHR, the Cassation Court of the Republic of Armenia and the Court of Justice of the European Union.
As a result, the authors conclude that the fact of violation of fundamental rights or freedoms by illegal administration cannot be subject to examination during the procedure of remuneration of non-pecuniary damage. Meanwhile, the fact of the existence of non-pecuniary damage shall be included in the scope of facts to be proven with the injured entity bearing the burden of proof of that fact.
Key words: Illegal administration, right to compensation of damage caused by administration, non-pecuniary damage, damage caused by violation of fundamental rights and freedoms, compensation for non-pecuniary damage, preconditions of remuneration of damage.
The article is dedicated to reveal the basic principles that determine the specifics of administrative justice and their comprehensive study. In particular, the article presents the perceptions of different lawyers on the principles of administrative justice, as well as the specifics provided for them by the legislation of different states, the existing problems around them.
At the same time, the article referred to the existing problematic legal regulations on the most important principles of administrative justice, made comparisons with other procedural principles, drew conclusions making relevant proposals.
Key words: Principles of administrative justice, the principle of “ex officio”, the principle of adversarial, the principle of dispositivity, administrative proceedings, specialized justice.
The provisions of the European Convention on Human Rights are perceived and applied as interpreted in the judgments of the European Court. Over the years, the European Court of Human Rights has gradually developed and effectively applies its special methods of interpretation in the judgments of the ECtHR.
The study carried out within the framework of this article tends to reveal the peculiarities of the methodology of interpretation of the European Convention in the judgments of the European Court.
Key words: ECtHR judgments, travaux preparatoires, interpretation of the European Convention on Human Rights, “living instrument”.
The article is devoted to the study of the elements of the principle of proportionality of administration – suitability and necessity. The article presents the essence and components of the requirements of suitability and necessity, and also attempts to present the main criteria for their assessment in such a way as to ensure the most equal division of work between the elements of the principle of proportionality.
Key words: proportionality of limitation, suitability, necessity, legitimate goal.
The fundamental right to freedom of information, being one of the most important human rights in a democratic state, needs to receive an appropriate legal assessment in parallel with the development of information technology and humanity. The latter is reflected in the chain of development of freedom of information. At first it was only a part of the right to freedom of expression, then as a separate right, from which now the right to receive information from public bodies is in the center of attention.
The research presents the positions given to the freedom of information at the theoretical and practical level (in the legal acts of the RA and foreign countries), which, combining with the modern requirements, offer a new point of view. to present and separate two rights under the freedom of information: general, freedom of any kind of information, and specific, freedom to receive information from public bodies.
Key words – freedom of information, freedom of general information, freedom of specific information, concept, Constitution, legal assessment, human rights.
The topic of this scientific and practical work is relevant and is connected with the study of currently relevant issues of administrative proceedings and administration, which allow us to identify the legal content of the term “administrative body” in the context of various types of administrative proceedings. The author put forward the approach that the term “administrative body” can be fully and unconditionally applicable in all cases where it is exclusively about the exercise of executive power, and in the case of other branches of government, some reasonable reservations were presented.
Key words: administrative proceeding, administration, administrative body, various types of administrative proceedings, type of administrative proceeding.
This article aims to consider some topical systemic issues in the development of the organizational and legal support of e-justice, creation of a unified e-justice system, taking into account the Strategic Plan of the President of the Republic of Armenia on legal and judicial reforms for 2019-2023, as well as the Decree of the Government of the Republic of Armenia dated February 11, 2021 N 183-L “On the approval of the results of the Action Plan of the digital strategy of Armenia for 2021-2025”.
Key words: legal informatics, electronic court, information technologies, judicial practice, information protection.
In the article, violation of the oath is considered as the basis of constitutional and criminal liability of the president, judges and other officials. Based on the analysis of the current legislation of the Republic of Armenia, the Russian Federation and a number of states, as well as taking into account judicial practice and international legal standards, signs of violation of the oath are identified, recommendations are made regarding the legal assessment of violation of the oath.
Key words: the oath of the president, the oath of the judge, violation of the oath, legal responsibility, disciplinary misconduct, dismissal from service.