1.Ashkhen Soghomonyan
Mishel Galstyan
E-commerce has become an integral component of civil circulation both in Armenia and globally. However, in the Republic of Armenia, the imperfect legislative regulation creates a number of issues affecting all links of the e-commerce chain, particularly consumers. This article presents the origin, development factors, and conditions that have contributed to the spread of e-commerce. Approaches and legal regulations in the European Union, as well as in other countries, have been analyzed, with comparative attention to best practices and significant judicial positions that shape the system. Based on this analysis, shortcomings in Armenian legislation have been identified and comprehensively examined. As a result, the essence of e-commerce has been clarified, its concept formulated, and its main characteristics outlined. The study also considers all participants in the e-commerce chain, including the legal status of digital platforms and the specifics of their civil liability. Special attention is given to digital products as an important component of e-commerce, evaluating their legal regulation and market significance.
Key words: electronic commerce, digital platform, limited liability, digital good, digital platform operator.
The article examines the legal regulation and protection mechanisms of domain names, comparing international approaches (ICANN, WIPO/UDRP, ACPA, CJEU practice) with national frameworks (.am and .հայ domains, Armenian legislation). It analyzes cybersquatting and typosquatting issues, the relationship between trademarks and domain names, and the efficiency of dispute resolution mechanisms. Special emphasis is placed on WIPO’s role, as its administrative procedures are considered fast, effective, and internationally recognized. For Armenia, particular attention is given to the integration of the “.am” domain into the UDRP system.
Key words: domain names, domain, trademark, cybersquatting, typosquatting, UDRP, WIPO, ICANN, internet law protection, dispute resolution, “.am”, “.հայ”
The purpose of the article is to present the system of civil law principles and to assess their role in the application of analogy of law, which serves as an effective mechanism for filling legislative gaps.
To achieve this aim, the study sets out the task of examining the concept of civil law principles and their constitutive features, as well as their formation in the context of balancing public and private interests.
The research is conducted through the application of a number of legal research methods, including comparative legal, historical-comparative, induction and deduction, analysis and synthesis, abstraction, systematization, and classification.
The author systematizes existing classifications of principles, identifies their theoretical and practical criteria within the processes of lawmaking, interpretation, and enforcement. Special emphasis is placed on the fact that civil law is distinguished by its reliance on analogy of law based on principles, thereby ensuring both normative flexibility and legal stability.
The article also addresses the regulation of civil law principles within the framework of the legislation of the Republic of Armenia, analyzes current legal approaches, and puts forward a number of proposals for legislative improvement aimed at strengthening the practical effectiveness of fundamental principles and ensuring the continuous development of law.
Key words: institute, principle, good faith, fair business practice, stability, mandatory nature, analogy, system, method, normativity, dispositivity, private and public interests.
The article discusses some issues in the interpretation of essential terms of the contract for the provision of tourist services stipulated by the new law “On Tourism” of RA. The author comes to the conclusion that some of the mandatory terms of the package travel contract, envisaged by the law, have only informative nature, and some other statutory terms presume just copying enshrined legal provisions in the contract, thereby not meeting the criteria of essential terms of the contract. In this regard, it is proposed to separate the essential terms of this contract as a transaction, from the terms to be included in the contract as a document, at the same time providing for the legal consequences of the absence of each of the two named groups of terms in the contract. In particular, according to the author, in case of the absence of any of the terms of the second group, having in mind the principle of estoppel, the party which has fully or partially fulfilled the obligation or accepted such performance from the other party, or otherwise confirmed the validity of the contract, cannot refer to the non-conclusion of the contract.
Key words: package tour; content of contract’ essential terms of the contract, mandatory terms; non-conclusion of the contract; principle of estoppel; transaction.
In the article the legal status of genetic information is subjected to a legal-philosophical analysis within the context of public and private law․ The article critically assesses the applicability of classical property theories and analyzes the “common heritage of mankind” concept as an alternative model․ It is argued that both purely private and public approaches are one-sided due to the dual nature of the data․ The necessity of a sui generis regulation is proposed to balance individual rights with the public interest․
Key words: Genetic material, physical specimen, genetic information, property rights, object of law, common heritage of mankind, informed consent, autonomy, privacy.
6.Arpine Hovhannisyan
Mane Markosyan
This article undertakes a comprehensive examination and analysis of the system of objects of civil rights in the field of subsoil use, providing an in-depth study of the subsoil as a unique object of civil rights.
The article explores the subsoil as an object of civil rights by setting out the interrelation between the subsoil and other civil-law objects directly connected with it—namely, the subsoil tract (plot), minerals, and the land plot.
Based on the research, it is concluded that the subsoil and subsoil tracts constitute distinct objects of civil rights: the former is withdrawn from civil circulation, whereas the latter is an object of limited civil circulation. The object of the right of subsoil use is, conventionally, the delineated subsoil tract rather than the subsoil itself. The delineation of a subsoil tract as a separate object of civil rights for the purpose of granting it for use is a legal fiction. In this context, it is proposed to amend the RA Subsoil Code to provide that what is granted for use is not the subsoil per se, but a subsoil tract.
Addressing the relationship between the subsoil and mineral resources, the article substantiates that mineral resources become objects of civil rights from the moment of their extraction (physical separation) from the subsoil. The article also advances proposals under domestic legislation aimed at reforming the institution of private ownership in respect of mineral resources extracted from the subsoil.
Key words: subsoil use right, subsoil, subsoil tract (or subsoil plot), mineral resources, objects of civil rights, legal fiction, land plot.
The article analyzes the impact of disinformation on public opinion and image formation in the digital age, summarizing international and Armenian experience, psychological and informational mechanisms, while highlighting the role of media literacy and legal regulations.
Key words: disinformation, public opinion, image, media literacy, legal regulation.
Within the framework of this scientific work, the essence of dignity as a constitutional law phenomenon, as well as the theoretical and practical significance of its perception, have been discussed. Taking into account the fact that the phenomenon under discussion is inherently multifaceted, both approaches found in various scientific fields, as well as legislative regulations and judicial practice related to dignity in both domestic and international legal practice, have been studied. As a result, the constitutional law content of dignity has been revealed, and it has been presented how and with what significance it should be perceived in the legal system.
Key words: dignity, objective basis, absolute value, constitutional principle, right, constitutional content.
9.Arpine Hovhannisyan
Hrant Simonyan
According to part 1 of Article 64 of the Law of the Republic of Armenia “On the Securities Market”, investment services may be provided only on the basis of a written agreement concluded between the investment service provider and the client, and failure to maintain the written form results in its invalidity. The mandatory requirements for the investment services agreement, its essential terms, actions to be performed before the conclusion of the agreement, and so on, are stipulated by the mentioned law, as well as by other legal acts regulating relations related to the provision of investment services.
Although the term “investment services agreement” is used in the law, the Civil Code of the Republic of Armenia does not provide for a separate type of contract for the provision of investment services among service contracts as an independent civil law institution.
In this study, based on the analysis of theoretical sources and legislation regulating relations related to the provision of investment and other types of services, the place of the investment services agreement within the system of civil law contracts has been identified. It has also been clarified whether we are dealing with an independent type of service agreement and whether the rules of any existing type of service contract defined by the Civil Code of the Republic of Armenia are applicable to it.
Key words: investment services agreement, agency agreement, management of a securities portfolio, trust management agreement, remunerated service provision agreement.
This article analyzes the possibilities of digitalization in the penitentiary system, addressing its positive impacts, including from the perspective of ensuring rights, resocialization, efficiency, and transparency of processes, while at the same time presenting the potential risks associated with it. Reference is made to the existing international experience in the field and to developments in Armenia, resulting in proposals aimed at reducing the risks of digitalization.
Key words: penitentiary institutions, digitalization, electronic system, resocialization