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 ........................................... 34 Gevorg Danielyan CURRENT ISSUES OF PUBLIC SERVICE ON THE BACKGROUND OF ADMINISTRATIVE IMPROVEMENTS .................................... 41 Norik Ayvazyan CERTAIN ASPECTS OF THE IMPROVEMENT OF THE ELECTORAL CODE OF THE REPUBLIC OF ARMENIA .............. 53 Gagik Harutyunyan ROLE AND PLACE OF THE RULE OF LAW IN THE SOCIAL BEHAVIOUR OF AN INDIVIDUAL AND A CITIZEN ................... 68 Vardan Ayvazyan METHODOLOGICAL ASPECTS OF EMPHASIZING THE ESSENCE OF LAW IN THE LAW-FORMATION PROCESS .......................... 76 Anahit Manasyan BINDING NATURE OF THE LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF ARMENIA: FROM THEORY TO PRACTICE .................................................... 91 Gnel Mughnetsyan 3 CERTAIN CONSIDERATIONS ON INSTITUTION OF ADMINISTRATIVE CLAIMS AND THE IMPLEMENTATION THEREOF .................................................................................... 111 Edgar Shatiryan THE ISSUE OF IMPROVEMENT OF SOME STRUCTURES OF LEGAL PROTECTION OF INDIVIDUAL'S HONOR, DIGNITY AND BUSINESS REPUTATION IN THE REPUBLIC OF ARMENIA ..... 124 Rustam Makhmudyan MAIN THEORETICAL AND PRACTICAL ISSUES OF STATE SERVICE IN THE STAFF OF HUMAN RIGHTS DEFENDER (OMBUDSMAN) OF THE REPUBLIC OF ARMENIA .................. 140 Vahram Avetisyan MODERN ISSUES OF CORPORATE LEGISLATION AND THE WAYS OF THEIR SOLUTION IN THE REPUBLIC OF ARMENIA .............................................................................. 150 Armen Haykyants ISSUES OF CODIFICATION AND INSTITUTIONAL DEVELOPMENT OF CONFLICT OF LAWS IN THE REPUBLIC OF ARMENIA LEGISLATION .......................................................... 174 Tatevik Davtyan IT IS TIME TO MAKE AMENDMENTS IN THE HAGUE INTERCOUNTRY ADOPTION CONVENTION: THE NEW ACCREDITATION MECHANISM FOR SUPERVISING AND MONITORING ADOPTION AGENCIES WOULD ENSURE THE QUALITY OF ADOPTION AGENCIES AND GUARANTEE SUCCESSFUL ADOPTIONS ........................................................ 187 Ara Gabuzyan CRIMINAL VICTIMIZATION IN THE REPUBLIC OF ARMENIA (ACCORDING TO THE OFFICIAL STATISTICS) ........................ 214 Anna Margaryan JUVENILE DELINQUENCY IN ARMENIA ................................. 229 4 Sergey Meghryan BASES FOR EXEMPTION FROM PROOF IN CIVIL PROCEDURE .................................................................... 244 Aida Iskoyan THE ISSUE OF LOCUS STANDI OF NON GOVERNMENTAL ORGANIZATIONS IN THE SPHERE OF ENVIRONMENTAL PROTECTION (CONSTITUTIONAL-LEGAL ANALYSIS) .......... 259 Vahe Hovhannisyan PARTICULARITIES OF THE OPERATION PRINCIPLE OF COMPETITION IN THE PHASE OF APPEALS ............................ 271 Gevorg Petrosyan PARTICULARITIES OF DISTRIBUTING THE OBLIGATION OF PROVING OF LABOR DISPUTES IN CIVIL PROCEDURE .......... 285 Gor Movsisian BOUNDARIES TO APPROVE THE INDISPUTABILITY OF THE CLAIMS IN BANKRUPTCY PROCEEDINGS .............................. 296 Gagik Ghazinyan, Hrayr Ghukasyan MODERN CHALLENGES OF CRIMINAL JUSTICE IN THE REPUBLIC OF ARMENIA ........................................................... 308 Samvel Dilbandyan ROLE OF JUDICIAL SUPERVISION OVER THE PRE-TRIAL PROCEEDINGS IN ENSURUNG PERSON’S RIGHTS AND FREEDOMS ................................................................................. 321 Davit Melkonyan CONCEPT OF THE RULE OF LAW IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS ................................. 339 Vahe Yengibaryan BASICS AND IMPROVEMENT PERSPECTIVES OF CRIMINALISTICS AND THEORY OF FORENSIC SCIENCE IN THE REPUBLIC OF ARMENIA ........................................................... 350 Artur Chakhoyan 5 ORIGIN, DEVELOPMENT, CURRENT STATE AND PERSPECTIVES FOR DEVELOPMENT OF CRIMINALISTICS AND FORENSIC EXAMINATION IN ARMENIA ................................ 363 Sergey Marabyan BASIS AND SUBJECT OF CIVIL LAWSUIT IN THE CRIMINAL PROCEDURE OF THE REPUBLIC OF ARMENIA (SCIENTIFIC-PRACTICAL ANALYSIS) ...................................... 383 Gevorg Baghdasaryan LEGAL REGULATION OF THE RECONCILIATION PROCEEDINGS IN THE CRIMINAL PROCEDURE OF THE REPUBLIC OF ARMENIA ........................................................... 399 Vigen Kocharyan DEVELOPMENT AND CONTEMPORARY UNDERSTANDING OF THE PRINCIPLE OF SELF-DETERMINATION OF PEOPLES ..... 409 Karen Gevorgyan CONCEPT OF STATE SOVEREIGNTY: MODERN ATTITUDES . 431 Artur Ghazinyan IMPLEMENTATION AND MEASUREMENT ISSUES FOR THE PRECONDITIONS OF THE RULE OF LAW IN THE EU ACCESSION PROCESS .................................................................................... 449 Arman Sargsyan LISBON LEGAL REGIME OF CONCLUDING INTERNATIONAL AGREEMENTS BY THE EUROPEAN UNION ............................ 464 Gor Torosyan JUDICIAL APPROXIMATION PROBLEMS OF THE RA LEGISLATION IN THE CONTEXT OF EUROPEAN INTEGRATION ........................................................................... 474 6 FOREWORD The materials published in the present volume are the proceedings of the conference devoted to the 80th anniversary of the Law Department of Yerevan State University. Yerevan State University Law Department represents the core legal doctrine of the country. The faculty is diverse, representing all areas of the legal discourse: Theory of Law, Constitutional Law, Administrative Law, Environmental Law, Criminal law, Criminal procedure, civil law, civil procedure, international law, EU law, etc. The legal culture and doctrine in Armenia is influenced by the continental legal tradition. However, since independence in 1991, Armenian legal system and doctrine has been developing intensively, also adopting legal traditions and concepts from common law system. The Constitution of Armenia has been adopted in 1995, which has been amended in 2005. Under the provisions of the Constitution, Armenian is a legal state, where the power is exercised based on the principle of separation powers and through democratic elections. The membership of the Republic of Armenia in different international organizations, such as the United Nations, Council of Europe, Organization of Security and Cooperation in Europe, etc. has expedited the development of the legal system of the country. The judicial and legal reforms are continuously implemented, to bring the legal and judicial system of the country in compliance with international commitments, assumed under different international treaties. In particular, the Armenian legal system is being heavily influenced by the jurisprudence of the European Court of Human Rights. The Council of Europe Venice Commission of Democracy Through Law has a decisive role in the content of the constitutional law and relating laws and statute on different aspects. Armenia also implements the recommendations of the treaty bodies of the United Nations. The increased phase of legal, judicial and governance reforms require immediate reaction in the academia, in order to discuss the 7 issues and find effective solutions. Thus, one of the main objectives of the research should be the strong link with the real life. A part of faculty members also are attorneys, law professionals, governmental official, which helps to create this strong link between the academia and practice. The authors discuss contemporary issues of the Armenian legal system. The range of issues discussed includes problems of theory of law and legal history, constitutional law, criminal law, criminal procedure, civil law and procedure, international law, EU Law. The idea of publishing the present volume in English is to represent the Armenian legal doctrine to the foreign legal scholars and practitioners. It may foster international links between legal scholars and professionals internationally, for continuing legal research in a comparative and broader perspective. Many views, positions expressed by the authors may be interesting for a foreign