DOCSLIB.ORG

Atoyan, G 2016.Pdf

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Atoyan, G 2016.Pdf EIA AND PUBLIC PARTICIPATION IN DEVELOPMENT DECISIONS IN ARMENIA GAYANE ATOYAN Diploma in International Relations, Yerevan State University, 1996 Master of Comparative Legal Studies, American University of Armenia 2007 Thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy (PhD) Newcastle Law School Newcastle University July 201 0 ABSTRACT Environmental Impact Assessment Law was adopted in Armenia in 1995.The Law has a mission to control environmental decision- making in the country and comply with the international treaties and conventions ratified by Armenia. The recent rapid developments of environmental hazards in Armenia have raised a concern whether the existing Law is meeting the needs of the country and its citizens. The comparative doctrinal research has been conducted to question the legal provisions, implementation and compliance of the RA EIA Law with International Environmental Treaties, which Armenia is a Party. The comparison of the existing RA EIA Law with similar laws in European Union and the USA was necessary to assess the instrument’s best practice to find out the errors and make possible recommendations for improvement of the environmental governance in the country. In the process of the research work, the RA EIA law was amended in 2014. Therefore, the research had a chance to compare both legal texts and assess their similarities, differences and positive development of the Law. The comparative analysis of all mentioned instruments revealed existing deficiencies of the RA EIA Law and provided further improvement and development recommendations as an outcome of this unique and unprecedented work. i ACKNOWLEDGMENTS I am expressing my sincere gratitude to all the people who were part of my life in the process of my PhD studies during last 5 years. The first and foremost I acknowledge the tremendous support and assistance of my primary supervisor Professor Chris Rodgers. I believe this result would not be achieved without his constant encouragement and professional support. I express deepest gratitude to my ex-second supervisor Dr. Rob Dickinson for his support in English writing and accurate referencing issues. A great input on my work has been made by Ciara Brennan who joined the team for a short period of time but has made a remarkable impact on the development of the final structure of the thesis. All these inputs are highly appreciated and valued. The program would not become a reality without the excellent library and staff members engaged at Newcastle University. Thanks to all people who had their input in organizing and leading my studies at the Faculty of Humanities and Social Sciences and at Law School in particular. The process of research would not be successful without the input of my friends from Armenia, either. All possible information and sources became available by their active help and support and for that reason my special thanks go to the lawyer of A. D. Sakharov Human Rights Armenian Centre NGO Ms. Meri Khachatryan, the whole staff of the Pan-Armenian Environmental Network and its member Mr. Levon Galstyan in particular, Mr. Arman Vermishyan the Caucasus Nature Fund, National Coordinator in Armenia Asian Development Bank, Mr. Erik Grigoryan, the Cumulative Impact Assessment Expert at Increasing Transparency in Mining Sector World Bank project in Armenia and lawyers of the legislative drafting department at the Ministry of Nature Protection in Armenia. II Within the process of writing, the special people who carried the burden of PhD project are my teenage daughters Ruzanna and Satenik who are sharing a student life together with me in the UK. This became a family project in its type and allocated special roles for each of my family members. I would not succeed without funding support of my parents, siblings and husband. Thanks to them, I could make the progress in this process. A huge expression of gratitude goes to my mother in law Nazik Nasibyan who is always next to me supporting my plans and ideas and assisting me in proof reading and editing my work. I wish to express deep thanks to my best friend Ms. Anush Arakelyan for being always ready to help whenever I ask. I express my true love and acknowledgment to my ancient country and hope this research work will be a small but positive input for the environmental decision-making process improvement in Armenia. III Table of Contents ABSTRACT ......................................................................................................................... i ACKNOWLEDGMENTS ..................................................................................................... ii Table of Figures .............................................................................................................. vii Table of Abbreviations .................................................................................................... ix Chapter 1։ Environmental Justice as a Mission to Protect Future Generations .......................................................................................................................... 1 1.1 . Introduction .................................................................................................... 1 1.2. Scope of the Study .................................................................................................... 6 1.2.1 Brief History of Post-Soviet Development in Armenia .............................. 10 1.2.2. Research Questions and Objectives of this Study ..................................... 16 1.3. Literature Review on Environmental Impact Assessment ......................................... 17 1.3.1. The Theoretical Debate on Environmental Impact Assessment and Environmental Law in General ....................................................................................... 18 1.3.2. The Implementation of the Environmental Legislation in EU and non-EU Countries in the Studied Literature .................................................................. 25 1.3.3. Common Procedures of EIA on the World despite the Differences in Jurisdictions Based on the Literature Review ............................................................ 32 1.4. The Research Strategy ............................................................................................ 40 1.4.1. Doctrinal Research ............................................................................................... 40 1.4.2. Research Paradigm and Epistemology ................................................................. 42 1.4.3. Research Approach .............................................................................................. 44 1.5. Findings of Chapter 1 ............................................................................................. 49 Chapter 2: The Law on Environmental Impact Assessment in Armenia .......................... 52 2.1. Introduction ........................................................................................................ 52 2.2. The Summary of the History of the Environmental Impact Assessment Law of the Republic of Armenia ........................................................... 53 2.3. The Interpretation of the RA EIA Law of 1995 and Presentation of the Law of 2014 ......................................................................................................... 56 2.4. Findings of Chapter 2 .......................................................................................... 79 Chapter 3: Critical Analysis on Environmental Impact Assessment Law of the Republic of Armenia.................................................................................................... 83 3.1. Introduction: The Importance of the Environmental Impact Assessment Law in the Process of Environmental Governance .............................. 83 3.2. Benchmarks for an Effective EIA in the Western Jurisdictions ......................... 85 IV 3.3. The International Law Requirements: How the RA EIA Law Strives to comply with these requirements? ........................................................................ 89 3.4. What are the RA EIA Law Enforcement Mechanism? ..................................... 115 3.5. Findings of Chapter 3 ........................................................................................ 120 Chapter 4: Fieldwork in Armenia .................................................................................... 125 4.1. Introduction ...................................................................................................... 125 4.4. Fieldwork Data Analysis for Cases 1-3 .................................................................. 142 4.4.1. Discussion on analysis of general questions addressed to villagers based on SPSS data analysis program ...................................................... 143 4.4.2. The most important questions addressed to villagers ................................ 147 4.5. Case Number Four: Amulsar Gold Mining Project in Vayots Dzor region, Armenia ........................................................................................................... 153 4.5.1. Opinions of lawyers, environmental activists and NGO members based on the fieldwork results ............................................................... 157 4.5.2. General questions that are considered to be common for all 15 respondents ............................................................................................................. 159 4.5.3. Area Specific Questions:
Load more

Recommended publications
  • Materials of Conference Devoted to 80 Anniversary
    YEREVAN STATE UNIVERSITY FACULTY OF LAW MATERIALS OF CONFERENCE DEVOTED TO 80TH ANNIVERSARY OF THE FACULTY OF LAW OF THE YEREVAN STATE UNIVERSITY Yerevan YSU Press 2014 UDC 340(479.25) Editorial board Gagik Ghazinyan Editor in Chief, Dean of the Faculty of Law, Yerevan State University, Corresponding member of the RA National Academy of Sciences, Doctor of Legal Sciences, Professor Armen Haykyants Doctor of Legal Sciences, Professor of the Chair of Civil Law of the Yerevan State University Yeghishe Kirakosyan Candidate of Legal Sciences, Docent of the Chair of European and International Law of the Yerevan State University, Adviser to the Constitutional Court of the Republic of Armenia The present publication includes reports presented during the Conference devoted to the 80th Anniversary of the Law Department of Yerevan State University. Articles relate to different fields of jurisprudence and represent the main line of legal thought in Armenia. Authors of the articles are the members of the faculty of the Law Department of Yerevan State University. The present volume can be useful for legal scholars, legal professionals, Ph.D. students, as well as others, who are interested in different legal issues relating to the legal system of Armenia. ISBN 978-5-8084-1903-2 © YSU Press, 2014 2 Contents Artur Vagharshyan ISSUES OF LEGAL REGULATION OF FILLING THE GAPS OF POSITIVE LAW IN THE REPUBLIC OF ARMENIA ....................... 9 Taron Simonyan NASH EQUILIBRIUM AS A MEAN FOR DETERMINATION OF RULES OF LAW (FOR SOVEREIGN ACTORS) ............................ 17 Alvard Aleksanyan YEZNIK KOGHBATSI’S LEGAL VIEWS ...................................... 25 Sergey Kocharyan PRINCIPLE OF LEGAL LEGITIMACY IN THE PHASE SYSTEM OF LEGAL REGULATION MECHANISM ..........................................
    [Show full text]
  • In-Depth Review of the Investment Climate and Market Structure in the Energy Sector of the REPUBLIC of ARMENIA
    In-depth review of the investment climate and market structure in the energy sector of THE REPUBLIC OF ARMENIA ENERGY CHARTER SECRETATIAT 22 January 2015 In-depth review of the investment climate and market structure in the energy sector of THE REPUBLIC OF ARMENIA ENERGY CHARTER SECRETATIAT 22 January 2015 About the Energy Charter The Energy Charter Secretariat is the permanent office based in Brussels supporting the Energy Charter Conference in the implementation of the Energy Charter Treaty. The Energy Charter Treaty and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects were signed in December 1994 and entered into legal force in April 1998. To date, the Treaty has been signed or acceded to by fifty-two states, the European Community and Euratom (the total number of its members is therefore fifty-four). The fundamental aim of the Energy Charter Treaty is to strengthen the rule of law on energy issues, by creating a level playing field of rules to be observed by all participating governments, thereby mitigating risks associated with energy-related investment and trade. In a world of increasing interdependence between net exporters of energy and net importers, it is widely recognised that multilateral rules can provide a more balanced and efficient framework for international cooperation than is offered by bilateral agreements alone or by non-legislative instruments. The Energy Charter Treaty therefore plays an important role as part of an international effort to build a legal foundation for energy security, based on the principles of open, competitive markets and sustainable development. The Treaty was developed on the basis of the 1991 Energy Charter.
    [Show full text]
  • Trafficking of Women. Promoting International Human
    TRAFFICKING OF WOMEN. PROMOTING INTERNATIONAL HUMAN RIGHTS NORMS THROUGH PREVENTION, PROTECTION, AND PROSECUTION (THREE “P’s”) IN ARMENIA A thesis presented to the faculty of the Center for International Studies of Ohio University In partial fulfillment of the requirements for the degree Master of Arts Marina Solakhyan June 2007 This thesis titled TRAFFICKING OF WOMEN. PROMOTING INTERNATIONAL HUMAN RIGHTS NORMS THROUGH PREVENTION, PROTECTION, AND PROSECUTION (THREE “P’s”) IN ARMENIA by MARINA SOLAKHYAN has been approved for the Center for International Studies by Elizabeth F. Collins Associate Professor of Classics and World Religions Drew McDaniel Interim Director, Center for International Studies Abstract SOLAKHYAN, MARINA, M.A., June 2007, International Development Studies TRAFFICKING OF WOMEN. PROMOTING INTERNATIONAL HUMAN RIGHTS NORMS THROUGH PREVENTION, PROTECTION, AND PROSECUTION (THREE “P’s”) IN ARMENIA (77 pp.) Director of Thesis: Elizabeth Collins This thesis analyses the incidence and nature of the trafficking in people in Armenia. The phenomenon of trafficking is considered to be one of the most pressing and complex issues in the contemporary world. The thesis adopts a human rights approach, contending the promotion of international human rights norms through a Three “P’s” policy that highlights the three most important aspects of any anti-trafficking program: Preventing exploitation from occurring in the first place; Protecting those identified as victims; and Prosecuting those who trafficked and exploited them. Alongside the analysis of the universal and regional instruments and mechanisms available to address the problem of trafficking in the human rights context, this thesis provides an overview of the emergence of Armenia’s NGO sector and its development and describes the NGO sector role and activity against trafficking in women for sexual exploitation.
    [Show full text]
  • A Year in Review for the Armenian Genocide Centennial Issue of Turkish Policy of Denial, As Well As Several Genocides
    You may also choose to read ZARTONK on the net by visiting: www.zartonkdaily.com Reports and Advertisements could be sent to us by contacting: Email: [email protected] P.O.Box: 11-617 & 175-348 Beirut-Lebanon Tel/Fax: +961 1 444225 زارتــونك جريــــــدة سيــــــاســــــية أرمنــــــية ZARTONK JOURNAL POLITIQUE ARMÉNIEN January 11- January 17, 2016 Volume #78 Number 81/ English 39 Issue (21,534) Article Centenary of the Armenian Genocide Arts & Entertainment PG Myra PG 2015: A Year in Review for the PG Hovsepian’s ‘Journey to the Armenian Genocide Centennial Homeland’ to Compete in LA 02 03 04 Independent Film Festival News From Armenia AntiArmenian Aspirations of Turkey PM Hovig Aprahamian: We are Toppled in France Entering The Year 2016 With Firm Resolve to State New Achievements I am confident that owing to our collective strength and unity, under the leadership of President Serge Sarksian, we will move forward in an atmosphere of tolerance and mutual trust, build a prosperous and secure Armenia for the sake of a powerful statehood and everlasting independence. It is no secret that numerous geopolitical and economic challenges emerged in 2015. Like many other countries, neither Armenia managed to be safe from the negative impact of external challenges. In spite Armenian Prime Minister Hovik Abrahamyan of pessimistic projections, by mobilizing has issued a New Year message today, efforts and resources, as well as thanks to according to the press office of the the Government’s self-confidence and well- government. The message says: devised policies, we were able to defy the “Dear compatriots, challenges and ensure economic growth.
    [Show full text]
  • Transnational Armenian Terrorism and Nagorno-Karabakh Conflict of 1988-1994) End
    Karabakh Oleg KUZNETSOV, PhD in History, MCL (Moscow, Russia) First Terrorist War: A Look from Russia (Transnational Armenian Terrorism and Nagorno-Karabakh Conflict of 1988-1994) End. For the beginning, see İRS-Heritage 2 (21), 3 (22) 2015 n addition to numerous acts of terrorism and wide- spread terrorist crimes related to the organization by Iforeign nationals of illegal armed groups in the terri- tory of Armenia and their participation in the activities of such groups, representatives of the Armenian side to the conflict committed other crimes of a similar nature during the Karabakh war, facts that were recorded on the Azerbaijani side. First of all, we are talking about a Car in which journalist S. Asgarova, Lt-Col Larionov, Maj Ivanov and Sgt Goyek were shot dead by Armenian terrorists on 9 January 1991 58 www.irs-az.com 4(23), WINTER 2015 very specific terrorist crime like an armed insurgency, criminal liability for which is stipulated by Article 279 of the Criminal Code of the Russian Federation. The main qualifying feature of this criminal act is the motiva- tion and goal-setting of participation in the crime: those guilty of committing it take action to change the constitutional system or the territorial integrity of the country. Actions of this kind were committed by soldiers of Armenian origin under the commander of the 2nd Battalion of the 336th Motorized Rifle Regiment of the 23rd Motorized Infantry Division of the 4th Army of the CIS Joint Armed Forces under the command of Major Seyran Ohanyan, who not only seized fighting equipment - infantry fighting vehicles (BMP-2) - without a military order, but also used them against Azerbaijani territorial defense units in the battle of 25 February 1992 for the town of Khojali, which subsequently led to mass deaths of civilians in this town.
    [Show full text]
  • A. D. Sakharov Armenian Human Rights Foundation
    A. D. Sakharov Armenian Human Rights Foundation Monitoring Report On Working Conditions in First Instance Courts in Shirak, Gegharkunik, and Syunik Marzes (Regions) Studies were conducted and this Report was elaborated due to the generous financial and technical assistance of the OSCE Office in Yerevan and the Polish Helsinki Foundation for Human Rights Preface The mission of the A. D. Sakharov Armenian Human Rights Foundation is to support the establishment of a civil society in Armenia, to enhance legal awareness of the public, and to protect rights and freedoms of humans and citizens. The organization has three regional branches in Shirak (City of Gyumri), Gegharkunik (City of Gavar), and Syunik (City of Goris). In 2001, representatives of the three branches attended a series of “Monitoring and Human Rights” seminars held in Lusakert by the OSCE Office in Yerevan and the Polish Helsinki Foundation for Human Rights; as a practical follow-up to the seminars, and within the framework of the ongoing judicial reform, they have carried out a “Monitoring of Working Conditions in First Instance Courts” project in the Shirak, Gegharkunik, and Syunik regions of Armenia. The goal of the project was to explore the current conditions in which courts in the regions operate, because the working conditions and infrastructure of the third branch of government are crucial in terms of its stance, its improved role and authority, and guaranteeing the right of citizens to a fair and public trial within a reasonable time, as required under the existing laws. The concept of the judicial reform in the Republic of Armenia was formed under the Constitution adopted in 1995.
    [Show full text]
  • CHANGING SKILLS for a CHANGING WORLD Understanding Skills Demand in EU Neighbouring Countries
    CHANGING SKILLS FOR A CHANGING WORLD Understanding skills demand in EU neighbouring countries A collection of articles CHANGING SKILLS FOR A CHANGING WORLD Understanding skills demand in EU neighbouring countries Edited by ETF experts Anastasia Fetsi, Ummuhan Bardak and Francesca Rosso. The contents of this collection of articles are the sole responsibility of the authors and do not necessarily reflect the views of the ETF or the EU institutions. © European Training Foundation, 2021 Reproduction is authorised provided the source in acknowledged. Cover design: Bording & Article 10 PDF ISBN 978-92-9157-729-3 doi:10.2816/069224 TA-06-20-200-EN-N Acknowledgements Against the background of significant global transformations, this publication aims to advance the debate on understanding skills demand in transition and developing countries. It was supervised and edited by Anastasia Fetsi, Ummuhan Bardak and Francesca Rosso from the European Training Foundation (ETF). The project was made possible by the active contributions of a number of researchers and experts from many partner countries, as well as from the ETF, who drafted the articles for this collection. They are: Branka Andjelkovic´ (Serbia), Mircea Badescu (ETF), Ummuhan Bardak (ETF), William Bartlett (UK), Michael Cross (UK), Anastasia Fetsi (ETF), Fraser Harper (UK), Tanja Jakobi (Serbia), Eva Jansova (ETF), Bilal M. Khan (China), Aleksandar Kostadinov (North Macedonia), Maja Kovacˇ (Serbia), Mike May-Gillings (UK), Cristina Mereuta (ETF), Ghia Osseiran (Lebanon), Blagica Petreski (North Macedonia), Marjan Petreski (North Macedonia), Siddhartha Raja (World Bank), Eyal Ronen (Israel), Francesca Rosso (ETF), Jelena Starcevic (Serbia), Cornelia Suta (Belgium) and Pirita Vuorinen (ETF). The ETF would like to thank all the contributors for their valuable inputs.
    [Show full text]
  • Doing Business in Armenia, Practical Law Country Q&A 8-638-0858 (2018)
    Doing Business in Armenia, Practical Law Country Q&A 8-638-0858 (2018) Doing Business in Armenia by Sedrak Asatryan, Aram Orbelyan, Janna Simonyan, Narine Beglaryan, Roustam Badasyan, Senior Associate and Ani Varderesyan, Concern Dialog Country Q&A | Law stated as at 01-May-2018 | Armenia A Q&A guide to doing business in Armenia. This Q&A gives an overview of key recent developments affecting doing business in Armenia as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the global guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/ dbi-guide. Overview 1. What are the key recent developments affecting doing business in your jurisdiction? With the inauguration of Armenia’s new president, the Constitution, as amended in 2015, has fully entered into force. Therefore, Armenia currently operates under a parliamentary system of government. The RA Tax Code, which was adopted in 2016, has replaced a number of separate laws regulating different types of taxes. It partially entered into force in 2017 and since the beginning of 2018 has been fully in force in Armenia. The New Civil Procedure Code of 2018 has recently entered into force.
    [Show full text]
  • Privatization, State Militarization Through War, and Durable Social Exclusion in Post-Soviet Armenia Anna Martirosyan University of Missouri-St
    University of Missouri, St. Louis IRL @ UMSL Dissertations UMSL Graduate Works 7-18-2014 Privatization, State Militarization through War, and Durable Social Exclusion in Post-Soviet Armenia Anna Martirosyan University of Missouri-St. Louis, [email protected] Follow this and additional works at: https://irl.umsl.edu/dissertation Part of the Political Science Commons Recommended Citation Martirosyan, Anna, "Privatization, State Militarization through War, and Durable Social Exclusion in Post-Soviet Armenia" (2014). Dissertations. 234. https://irl.umsl.edu/dissertation/234 This Dissertation is brought to you for free and open access by the UMSL Graduate Works at IRL @ UMSL. It has been accepted for inclusion in Dissertations by an authorized administrator of IRL @ UMSL. For more information, please contact [email protected]. Privatization, State Militarization through War, and Durable Social Exclusion in Post-Soviet Armenia Anna Martirosyan M.A., Political Science, University of Missouri - St. Louis, 2008 M.A., Public Policy Administration, University of Missouri - St. Louis, 2002 B.A., Teaching Foreign Languages, Vanadzor Teachers' Training Institute, Armenia, 1999 A dissertation submitted to the Graduate School at the University of Missouri - St. Louis in partial fulfillment of the requirement for the degree Doctor of Philosophy in Political Science July 11, 2014 Advisory Committee David Robertson, Ph.D. (Chair) Eduardo Silva, Ph.D. Jean-Germain Gros, Ph.D. Kenneth Thomas, Ph.D. Gerard Libardian, Ph.D. TABLE OF CONTENTS TABLE OF CONTENTS i
    [Show full text]
  • Is a Closed System of Legal Standing Always Safe for the Environment?
    REVISTA CATALANA DE DRET AMBIENTAL Vol. III Núm. 2 (2012): 1 – 14 - Nota - IS A CLOSED SYSTEM OF LEGAL STANDING ALWAYS SAFE FOR THE ENVIRONMENT? THE CASE OF ARMENIA GOR MOVSISIAN∗ Lecturer Yerevan State University (Armenia) [email protected] Received: 23 August 2013 / Accepted: 26 November 2013 ABSTRACT: The objective of this note is to provide solutions to the problem of the legal standing of non-governmental organizations before the courts in the particular case of Armenia. These solutions are based on the progress that has been made in the study of environmental law, the provisions of the Constitution of Armenia, international obligations, and developments in case law. In particular, it is argued that non- governmental organizations in Armenia are formally endowed with the right to access justice on environmental matters in public interest litigations, even though this right is not recognized by the courts of the Republic of Armenia. To overcome this discrepancy the author of the article offers an interpretation of the legislation in order to sustain his position. By analysing some problems the author underlines the prominence of the developments in the Republic of Armenia and Europe that are little known to the lawmaking and law enforcing authorities or underestimated by them in the long term perspective. RESUM: L’objectiu d’aquest treball és proporcionar solucions al problema de la legitimació activa de les organitzacions no governamentals, tot centrant-se en el cas armeni. Aquestes solucions es basen en el progrés fet en l’estudi del dret ambiental, les ∗ Gor Movsisian holds a PhD degree in Environmental Law and works as a research fellow at the Environmental Law Research Center of Yerevan State University, Faculty of Law.
    [Show full text]
  • Advisory Opinion
    GRAND CHAMBER ADVISORY OPINION concerning the use of the “blanket reference” or “legislation by reference” technique in the definition of an offence and the standards of comparison between the criminal law in force at the time of the commission of the offence and the amended criminal law Requested by the Armenian Constitutional Court (Request no. P16-2019-001) STRASBOURG 29 May 2020 This opinion is final but it may be subject to editorial revision. ADVISORY OPINION P16-2019-001 The European Court of Human Rights, sitting as a Grand Chamber composed of: Linos-Alexandre Sicilianos, President Robert Spano Jon Fridrik Kjølbro Ksenija Turković Paul Lemmens Síofra O’Leary Ganna Yudkivska André Potocki Egidijus Kūris Iulia Antoanella Motoc Georges Ravarani Pauliine Koskelo Marko Bošnjak Jovan Ilievski Jolien Schukking Gilberto Felici, judges Arman Sarvarian, ad hoc judge and Søren Prebensen, Deputy Grand Chamber Registrar, Having deliberated in private on 21 April, 7 May and 15 May 2020, Delivers the following opinion, which was adopted on the last-mentioned date: PROCEDURE 1. In a letter of 2 August 2019 sent to the Registrar of the European Court of Human Rights (“the Court”), the Armenian Constitutional Court requested the Court, under Article 1 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms (“Protocol No. 16”), to give an advisory opinion on the questions set out at paragraph 11 below. That request arose in the context of two cases currently pending before that court relating to protests which took place in Armenia between late February and early March 2008 and in which questions arose regarding the interpretation and application of the provision of the Armenian criminal code which penalised the overthrowing of the Armenian constitutional order (see paragraph 26 below for the relevant provision).
    [Show full text]
  • Transnational Armenian Terrorism and Nagorno-Karabakh Conflict of 1988-1994)
    Karabakh Oleg KUZNETSOV, PhD in History, MCL (Moscow, Russia) First Terrorist War: A Look from Russia (Transnational Armenian Terrorism and Nagorno-Karabakh Conflict of 1988-1994) he subject of the history of Armenian terrorism and national and religious extremism, which is insepa- Trably connected with it and has been the ethnic ideology of the Armenian people in their struggle for national statehood for a long time - at least, throughout the twentieth century, has never been a subject of study in the Russian scientific community. At the same time, The Moscow-Baku train blown up by Armenian terrorists in the territory of the Russian Federation near the city of Khasavyurt on 30 May 1991. 11 people were killed and 22 were injured 54 www.irs-az.com 2(21), SUMMER 2015 the phenomenon of “Armenian terrorism” has objectively existed for over a hundred years, and therefore, like any other phenomenon of social and political history, it can be a subject of scientific study. The main thing is to en- sure that the study is free from partiality, ideological bias, political conditions and other similar attributes that turn a scientific work into an instrument of propaganda or a political technique for manipulating the mass public consciousness. Transnational Armenian terrorism as a socio- economic, socio-political and legal phenomenon originated in the late 19th century in the Ottoman Empire, from where it spilled over into the Russian Empire and the Balkan countries and then spread to Western Europe and North America. The first crimes of Armenian terrorism date back to the 1890s, so it has nothing to do with the theme of the notorious “Armenian genocide” in the Ottoman Empire in 1915, as well as their persecution in this country at an earlier or later time.
    [Show full text]