ՀԱՆՑԱՎՈՐՈՒԹՅՈՒՆԸ ՊԱՅՄԱՆԱՎՈՐՈՂ ԻՐԱՎԱԿԱՆ ԲՆՈՒՅԹԻ ԳՈՐԾՈՆՆԵՐԸ ԵՎ ԴՐԱՆՑ ԿԱՆԽԱՐԳԵԼՄԱՆ ԱՐԴԻ ՄԻՋՈՑՆԵՐԸ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՈՒՄ

Abstract

Crime is caused by social, economic, political and other factors. Among these factors, the legal determinants of crime are highlighted – the irrelevance of legislation, gaps and defects in regulation, regulation, which contain criminogenic and victimogenic risks in legal acts, etc. These factors are due to social maladaptation, haphazardness and inconsistency of methods and forms of legal regulation, uncertainty of the object-subject and subject composition of legal relations, conditions and grounds for their occurrence, modification and termination, uncertainty and imbalance of interests of subjects of legal relations, their rights and obligations, as well as the order of their implementation and execution, lack of social, economic and organizational and legal mechanisms for ensuring the implementation of a legal act, as well as the lack of control over the implementation of its provisions, etc. In order to prevent legal factors that cause crime, it is necessary to update legislation, ensure proper legal regulation of public relations, eliminate legislative gaps, and conduct a criminological expertise of draft normative legal acts. It should be noted that in the Republic of Armenia, the legal basis for the criminological expertise of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this expertise, as a result of which no such expertise has been conducted. Therefore, it is necessary to ensure appropriate regulations, including the adoption of the Law “On criminological expertise of draft normative legal acts”. It should be noted that in the Republic of Armenia the legal basis for criminological examination of draft normative legal acts is insufficient, there are no mechanisms for organizing and conducting this examination, as a result of which not a single such examination has been carried out. Therefore, it is necessary to provide appropriate regulations, including the adoption of the Law “On criminological examination of draft normative legal acts.”