SOME ISSUES OF APPLICATION OF THE INCENTIVE NORMS IN THE BRIBERY CONTROL ON THE BASIS OF THE DRAFT OF NEW CRIMINAL CODE OF THE REPUBLIC OF ARMENIA

  • Anush Vaganovna Hakobyan Russian-Armenian University
Keywords: incentive norms, bribery control, relief from criminal responsibility, draft of new criminal code of the RA, CC of the RA, CC of the RA dated the 16.05.2014, part 4 of article 312 of the CC of the RA

Abstract

The paper considers the main problems of application of incentive norms in relation to a briber in the context of latest legislative changes, the problems of legislative regulation of incentive norms in bribery control according to the draft of a new Criminal Code of the Republic of Armenia.

Criminal-legal significance of incentive norms in bribery control has not been fully studied in Armenian law of substance. Armenian and foreign scientific literature studied some issues related to the topic of the research but they have sporadic character and do not contain system solutions for current issues. Thus, no systematic study was conducted on the influence of the incentive norms institute in bribery control which would take into account Armenian legislation and law enforcement practice. Consequently, in the conditions of criminal law development, new legal relations and law enforcement practices formation, and criminal law science development, the objective demand for a comprehensive study of the criminal-legal significance of the incentive norms in bribery control arises.

The paper provides the scientifically-based recommendations on the improvement of current legislation, official regulatory legal acts and the practice of applying the incentive norms in relation to a briber and a bribery mediator. Based on the study of both the current Criminal Code of the Republic of Armenia and the draft of a new Criminal Code of the Republic of Armenia, comparative-legal research of criminal legislation of some foreign countries, as well as the theoretical views on this issue, the author attempted to carry out the comprehensive study of criminal law relations arising when applying the incentive rules in bribery control.

Author Biography

Anush Vaganovna Hakobyan, Russian-Armenian University

postgraduate student

Published
2019-06-26
Section
Статьи