2023 July 1 (58)


1. Arpine Hovhannisyan
The presumption of innocence and mass media

The article is dedicated to maintaining the principle of presumption of innocence by the mass media. The article discusses the main approaches to the principle of the presumption of innocence laid down in international documents and the case law of the European Court of Human Rights. Based on the ECHR case law, the article highlights the standards that mass media should follow to maintain the presumption of innocence during media coverage.
Key words: presumption of innocence, mass media, ECHR, case law.

2. Armen Asatryan
Legal ways to fill gaps in law - enforcement activities and methods for identifying gaps

In the article, the issues of legal ways of filling the gaps in the law during law-enforcement activities where discussed and analyzed. As a result of the study and analysis of the mentioned problem, we can state that the contradictions, defects or incompleteness of legal norms can be detected only in the course of law-enforcement activities, and for their completion, the law-making activity is of great importance, as well as the specific resolution of this or that legal dispute in the court or, if necessary, settling it. the legal issue by other competent authorities. Therefore, the court will be the last instance that has the authority to confirm the existence of gaps. In the event of such a situation, the court needs to resolve the case on its merits, that is, to fill the gap. Therefore, we can record that the creation and overcoming of gaps should be considered as two inextricably linked stages of the professional intellectual activity of a law enforcement officer. The competent body cannot refuse to protect someone’s rights, it is obliged to solve the specific case essentially, that is, the law enforcement officer, according to the objective necessity, proceeds from confirming the gap to overcoming it. Key words: law – enforcement activity, law gap, law analogy, overcoming gaps, filling gaps.

3. Robert Khachatryan
The role of universities quality management systems in ensuring the competitiveness of higher education

The role of higher education in fostering socio-economic growth is crucial, as universities function as hubs for generating, disseminating, and preserving knowledge. To cultivate human capital and encourage sustainable development, higher education institutions (HEIs) must persistently endeavor to elevate educational quality. This entails a multifaceted process encompassing all aspects of higher education, aiming to a culture of continuous improvement and boost the competitiveness of the HEIs. In knowledge-driven economies, managing educational quality has gained paramount importance, particularly in securing the competitiveness of universities. As universities confront novel challenges in the global landscape of competitiveness, they strive to enhance their performance and prioritize educational quality to tackle these hurdles. The caliber of educational and research endeavors is vital for universities’ competitiveness in the labor and education services market, as well as for augmenting their reputation and long-term development. This article explores the theoretical underpinnings of quality assurance in higher education, scrutinizing the attributes of competitiveness in higher education and their connections to internal quality assurance systems. Additionally, the article explores commonalities and determinants of the efficiency of internal quality management systems at universities, emphasizing the relevance of this notion in university strategic university management.Key words: knowledge-based economy, competitiveness of higher education, university competitiveness, quality of higher education, internal quality assurance system.

4. Anna Khachatryan
The legal issues of fraudulently performing a medical function in the republics of Armenia and France

Distrusting evidence-based medicine methods or bypassing the problems associated with their availability and access, people sometimes prefer to turn to alternative treatments, which are sometimes nothing more than fraud, carried out by abusing the patient’s trust and deception. In the case of proper control carried out on the basis of relevant legal bases, the health of the population, the life and health of the person, as well as the right to property will be under the necessary legal protection.Key words: evidence-based medicine, charlatanism, insufficiently proven means/methods, illusory methods/means.

5. Hrant Sarkisov
Chairman of the Security council in Parliamentary republics. President of the Republic or Prime Minister - legal and political issues.

The subject of the study is which state official should be the chairman of the Security council of Armenia. The work, by its nature, is a political and legal analysis, which includes both the analysis and comparison of legislation, and the study of the political situation of a particular period. The study examined the development of the chairmanship of the Security council. In addition, the experiences of the United States, Georgia, Italy and Latvia in the formation of the “position” of the President of the Security council were studied. Key words: Security council, Chairman of the Security council, President of the Republic, Prime Minister of the Republic, Commander-in-Chief, Supreme Commander.

6. Artyom Sujyan
The concept of force majeure, conditions of definition and legal consequences

In this scientific article the study of force majeure as a legal institution that excludes liability for breach of obligations will be carried out, focusing on the prerequsisites of the existence of force majeure and the legal consequences it causes.
As a result of the study and analysis carried out within the framework of the article, the controversial issues that arise in practice will be revealed, the conceptual essence of force majeure will be uncovered, suggesting to include the element of unpredictability in the framework of the conditions for determining force majeure. The legal consequences of force majeure will be revealed, including the release of the debtor from responsibility, impossibility of performance, significant change of circumstances, suspension of the statute of limitations. Some reference will also be made to the issues of the qualification of the COVID-19 pandemic as a force majeure and the legal consequences it creates. Key words: force majeure, exclusion of liability, COVID-19, emergency circumstances, unpredictability, debtor, compensation for damages.

7. Arman Hakobjanyan
Comprehensive health insurance system in RA

Within the framework of this research work, the features of the implementation and functioning of the complex medical insurance system as an institution of financial availability and protection of basic medical services for all groups of the population are discussed, international experience and general patterns of application of this system are presented. Based on the features of the comprehensive health insurance system, its possible impact on the economy and social environment of the Republic of Armenia is presented.
Key words: health care system, comprehensive health insurance, unified health insurance fund, medical services, “medical tax”.

8. Karen Meliksetyan
The board as a body performing general management of the corporation

This scientific article is devoted to the identification of the essence, content and features of the board of corporations, the study of a number of problems arising within the framework of the formation and functioning of the board, and the presentation of practical proposals. Particular attention was paid to the characteristic features of the formation and activity of the board of venture joint-stock companies as a special type of joint-stock companies, including the status of a supervisory board member, protective provisions and indemnification mechanism. Localization and implementation of the above-mentioned mechanisms will make it possible to fully regulate venture joint-stock companies under the legislation of the Republic of Armenia, including the specifics of their board, which will improve the investment climate of the Republic of Armenia and ensure effective attraction of venture investments. Key words: corporation, board, venture joint stock company, venture investor, protective provisions.

9. Anna Stepanyan
Mechanisms of examination of legal acts and assessment of regulatory impact in the RA legal system

The article discusses the evaluation mechanisms of the impact of examination and regulation of legal acts in the RA legal system, the features of their implementation in practice. A number of legislative proposals have been presented in relation to the institutions represented by the combination of domestic regulations and internationally acceptable experience. In particular, it is proposed to make it mandatory to determine the compliance of draft legal acts not only with the Constitution, but also with constitutional laws and other relevant legal acts within the framework of the state legal examination, to exclude any case of non-examination of draft legal acts subject to examination. For draft laws, proposed by a member of the National Assembly or a faction of the National Assembly or on the initiative of citizens and circulated by the National Assembly, organize the assessment of the impact of the regulation in such a way that cases where the Government or the Prime Minister go beyond the limits of legal discretion will be excluded, to review the practice of not passing regulatory impact assessment of draft normative legal acts that are not subject to expertise, to ensure legal publication of regulatory impact assessments of draft acts.
Key words – draft of the legal act, expertise, regulation impact assessment, compliance with the Constitution, legal limits of exercise of discretion, publicity.

10. Arsen Kaghkstyan
Sources (monuments) of the military law of Armenia from the I to the XIV century A.D.

The article is considers the sources monuments of the military law of Armenia in the historical and legal aspect. The wide historical coverage of the phenomenon under study allows us to state the validity of the author’s conclusions, based on a deep understanding of the scientific foundations of military law, which undoubtedly helps to use historical experience in practice to solve the urgent and paramount task of reforming the Armed Forces and other components of the military organization of the state to solve modern tasks of localizing and neutralizing both external and internal military threats.
Key words: military law, sources (monuments) of the military law of Armenia, military legislation of Armenia, zoranamak, code of honor of the Armenian army, military law of the Cilician Armenian state.

11. Roza Amirova
Protection of the rights of consumers of banking services by the financial ombudsman.

In the article, a comparative analysis of alternative ways of resolving consumer disputes in the Republic of Armenia and the Russian Federation was carried out, the main differences in the activity of financial ombudsman institutes were revealed and comparison with international best practices was made. Article also discusses recommendations, which are aimed at the development and improvement of the legal rules in the field of consumer rights protection.
Key words: alternative dispute resolution forms of consumer protection, Financial ombudsman, clients, consumers.


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