THE SPECIFICS OF THE INSTITUTE OF STATE OFFICIALS' IMMUNITY IN THE LIGHT OF ARMENIAN CONSTITUTIONAL ORDER

Abstract

The article discusses the nature of the institution of immunity as a political and legal concept in international and national law. The authors present the main approaches to the understanding of this concept, its classification, as well as the historical preconditions for its formation as a legal institute. The authors proceed from the understanding that the comprehension of the institution of immunity should take place exclusively in the context of the political traditions of a particular state, the specifics of a particular legal order, the prevailing understanding of law, legal culture, as well as the specifics of the political and legal, socio-economic, historical and cultural development of a particular society and state. The authors believe that the institution of immunity is determined only by the official position that a person occupies and the purpose of the proposed protection is to ensure favorable conditions for the effective performance of the official duties of the person, and in this sense, the institution of immunity cannot act as a personal privilege associated with the person of the official. The authors find that the institution of immunity does not act as an absolute legal category and, in the presence of appropriate grounds, is subject to restriction and strictly narrow interpretation, which is also important for a democratic society. The authors believe that, in particular, on issues of disclosure and prevention of crimes against humanity, the immunity of officials should be subject to strict restrictions. The authors present the main constitutional foundations for the regulation of the immunity of President and parliamentarians within the framework of the constitutional order of the Republic of Armenia, specifically concluding that all international and national legal provisions governing the issue of granting immunity to officials should not be interpreted and applied in a manner that contradicts paragraph 11 of the Declaration of Independence of Armenia and the state-forming values, principles and aims, establishes in the Preamble of the Constitution of the Republic of Armenia.