Year: 2024
Type: article
Abstract: The article is dedicated to the issues of legal classification of the crime of not executing the judicial act or obstructing its execution provided for by Article 507 of the Criminal Code of the RA, which is due to the fact that in the presence of identical factual circumstances, different competent authorities of the RA show various approaches to the classification of the crime provided for in the aforementioned article, which, in its turn, is conditioned by many objective and subjective reasons. Among the objective reasons should be included mainly existing legal regulations, their various interpretations and specifics related to their application. Among the subjective reasons, the specifics of the examination determined by the factual circumstances of a specific criminal proceeding should be included. During the investigation of criminal cases regarding the mentioned crime, arising problems are most often related to the classification of crimes, the choice of effective investigation tactics, the execution of mandatory investigative actions, the clarification of the circumstances to be clarified and other issues. The article examines the elements of the mentioned crime and in their context presents the legal assessment of the crime in question and the problematic situations that have arisen in practice, offering appropriate legal solutions to overcome them. The article draws parallels between the offenses of failing to execute a judicial act or obstructing its execution under Article 507 of the RA Criminal Code and the offenses of abusing or exceeding official powers under Article 441 of the RA Criminal Code, and presents the main criteria for their separation. The conducted study is aimed at ensuring a practically uniform application in connection with the legal qualification of the crime provided for by Article 507 of the RA Criminal Code, as well as solving certain problematic situations that have arisen.
Source: Օրինականություն / Legality
Author: Lilit Shirvanyan
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4411613980