ՄԱՍՆԱՎՈՐ ՄԵՂԱԴՐԱՆՔԻ ՆՈՐ ՄՈԴԵԼԸ ՊԵՏԱԿԱՆ ՄԻՋՈՑՆԵՐԻ ԽՆԱՅՈՂՈՒԹՅԱ՞Ն, ԹԵ՞ ՄԱՍՆԱՎՈՐ ԳԱՆԳԱՏԻ ԳՈՐԾԵՐԻ ՊԵՏԱԿԱՆ ՄԱԿԱՐԴԱԿՈՎ ՕՐԻՆԱԿԱՆ ԱՆՏԵՍՄԱՆ ՄԻՋՈՑ / THE NEW MODEL OF PRIVATE ACCUSATION (PROSECUTION): A WAY TO SAVE PUBLIC RESOURCES OR "LEGALLY" IGNORED PRIVATE COMPLAINTS AT THE STATE LEVEL?

Abstract

The article is devoted to the study of legal norms provided in the procedure of private prosecution. Considering the actuality of the process within the legal system of the Republic of Armenia, we studied the range of crime elements that are the subject of investigation in the framework of private prosecution proceedings, their nature and compliance with the specifics of the proceedings. Since, according to the new rules, the victim has become the main responsible for the evidence in cases of private prosecution, we have introduced the limited legal possibilities of the victim while implementing the given duty taking into account various studies of legal acts. From the point of view of legislative regulation, the acquisition process of the status of the accused person within the given proceeding is also interesting, therefore, we revealed approaches to this status in other legal acts and its impact on the materials substantiating a criminal case. Particular attention is paid to the requirements for claiming a criminal case. In particular, the formulation of materials substantiating the accusation as well as the indication of the residence or registration addresses of the persons summoned to the court being considered as requirements submitted to the criminal lawsuit have been subjects of interest.