Ղամբարյան Արթուր, Շաքարյան Թամարա, Մուրադյան Մանուկ 019
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RECOGNITION OF BY-LAWS AS INVALID ON THE BASIS OF
CONTRADICTIONS WITH AN INTERNATIONAL TREATY
(METHODOLOGICAL AND ADMINISTRATIVE PROBLEMS)
GHAMBARYAN ARTUR
Chairman of the Department of Theory of Law and Constitutional Law of
Russian-Armenian University, Full Professor o fthe State Administration Academy o fthe Republic of Armenia,Doctor o fLaw, Full Professor, Honored lawye rof the RA
MURADYAN MANUK
Candidate of Law, Associate Professor,
Acting Rector of the Educational Complex of the Ministry of Interna lAffairs of the Republic of Armenia, Lecturer at the French University in Armenia, Lecture rat the Academy of Advocacy of the Republic of Armenia
SHAKARYAN TAMARA
Head of Chair of Law Public Administration Academy of the RA,lectuerFrance University in Armenia,Chair of Theory of State and Law of the Russian-Armenian University, PhD in Laws, Associate professor of Law
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Abstract: The article explores the methodological and administrative-judicial challenges related to declaring sub-legislative acts invalid on the grounds of their contradiction to international treaties, alongside issues concerning legal sovereignty. It introduces a three-tiered framework for assessing the legality of sub-legislative acts - constitutionality, legality, and conventionality, and highlights the practical limitations of the conventionality criterion.
The article also analyzes theoretical approaches to the relationship between international and domestic law, namely dualism and monism, with particular emphasis on the principle of “pacta sunt servanda” in clarifying the applicability of international treaties within the national legal system. The article discusses the following key issues on a scientific level: is an international treaty a normative legal act, and what place does it occupy in the hierarchy of legal acts (legislation)? Also, from a realist and comparative legal perspective, is the idea of recognizing sub-legislative acts as invalid due to their contradiction with the convention justified?
Finally, the article examines the legitimacy of the competence of the Administrative Court of the Republic of Armenia to annul sub-legislative acts on such grounds and evaluates this issue through a comparative legal lens.
Keywords: international treaty, sub-legislative acts, criterion of conventionality, “pacta sunt servanda” principle, dualism, monism, contradiction to the convention, jurisdiction of the administrative court, annulment.