ԱՐԱՐՔԻ ՀԱՍԱՐԱԿԱԿԱՆ ՎՏԱՆԳԱՎՈՐՈՒԹՅՈՒՆԸ ԿՈՐՑՆԵԼՈՒ ԵՎ ԱՆՆՊԱՏԱԿԱՀԱՐՄԱՐՈՒԹՅԱՆ ՀԻՄՔԵՐՈՎ ՔՐԵԱԿԱՆ ՀԵՏԱՊՆԴՈՒՄԸ ԴԱԴԱՐԵՑՆԵԼՈՒ ԻՆՍՏԻՏՈՒՏԻ ԾԱԳՈՒՄՆԱԲԱՆՈՒԹՅՈՒՆԸ

Abstract

The purpose of the article is to reveal the peculiarities of regulations by substantive and procedural legal norms, the first steps of introduction of the institute of termination of criminal prosecution on the grounds of loss of public danger due to the little significance provided for in Part 2 of Article 18 of the RA Criminal Code. Our task is to present the regulations on the termination of criminal prosecution on the grounds of loss of public danger at different times, to reveal its procedural roots. The historical-legal method was mainly used during the research. Moreover, the disclosure of these procedural roots can later become a basis for legislative changes, as a result of which the regulation of the judicial institution by nature can be "removed" from the field of criminal law and regulated by procedural legislation. This settlement of the issue has not only a purely theoretical significance, but it can also be used to solve a number of issues in practice (for example, in the context of the settlement of the issue by the substantive criminal law, instead of the wording "... terminate the criminal prosecution" the wording "is not considered a crime ..." is used, as a result of which when terminating the criminal prosecution against a person, he/she acquires the status of the acquitted, etc.). On the other hand, however, it should be emphasized that in the framework of this research, our problem, as mentioned above, is much more modest and the article will reveal only the origins of the institute and its procedural roots, and as a result of their disclosure what specific issues can be solved by the reform of the current legislation, how the legislation should be reformed, then the mentioned issues are beyond the scope of this article. Due to the narrow goals and objectives of the article, the historical-legal method will be mostly used during the research. The analysis made in the article is based on the regulations on the loss of public danger and the termination of criminal prosecution on grounds of inexpediency envisaged by the governing principles of criminal law of 1919, the Criminal Code of RSFSR of 1922-1926, the Criminal Procedure Code of RSFSR of 1925. The study leads to conclusion that the special regulation on termination of criminal prosecution on the grounds of loss of public danger was originally provided for in the procedural legislation, but was later regulated by substantive norms.