ON SOME PROBLEMATIC REGULATION OF INDIVIDUAL INSTITUTIONS OF THE GENERAL PART OF THE DRAFT CODE OF ADMINISTRATIVE OFFENCES OF THE REPUBLIC OF ARMENIA

Abstract

The article is devoted to the study of the regulations of the general part of the latest draft of the Code of Administrative Offences of the Republic of Armenia. The results of the author's research show that the regulation of institutions such as necessary defense, exemption from responsibility, penalties and their appointments are problematic. Firstly, the nature of the damage caused to an intruder is not provided for, nor is  the range of acts that may be committed in excess of the limits of necessary defense. Secondly, provided the exemption from liability of a person who has been trafficked or exploited. An analysis of this rule shows that when a victim commits an act of coercion, there is no volitional element as an integral element of guilt. Therefore, in this case, we are dealing with circumstances that exclude liability. Thirdly, it provides for the confiscation of an instrument or a direct object of an offense or property as a type of penalty. It is known that an instrument or other property cannot be the object of an offense, since the object is a social relationship encroached upon by a misdemeanor. Consequently, in the specified regulation, the object and the subject matter of the offense are identified. Fourthly, when imposing penalties, it is not always possible to take into account aggravating, mitigating and other circumstances, since absolutely determinate sanctions are found in the draft.

Taking into account the above observations, the author presented proposals that will help solve these regulatory problems in the future.