archive-am.com » AM » L » LEVGROUP.AM

Total: 571

Choose link from "Titles, links and description words view":

Or switch to "Titles and links view".
  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    and the negotiations fail to take place or decision passed by the reconciliation commission is not executed Declaration of the strike can take place if a decision regarding it was approved by two thirds of general votes of employees of the organization by a secret ballot whereas when declaring a strike in separate subdivision of the organization it is to be approved by two thirds of employees of the given subdivision The trade union is obliged to inform an employer in writing about the expected strike at least eight days prior to its commencement Warning strikes cannot last more than two hours and an employer ought to be informed thereof not later than three days earlier In case of passing a decision about holding a strike in railway stations municipal public transport aviation means of communication health food area water supply sewerage and waste removal organizations and organizations with uninterrupted production an employer shall be obligated to be informed in writing at least fourteen days prior to its commencement The Legislation prohibits to declare strikes in police stations armed forces defence services urgent medical aid services concentrated electricity water and gas supply organizations An employer is free to apply to the court so as to invalidate the strike The court in its turn shall examine the claim and a respective verdict shall be passed within seven days after the acceptance of the claim Participation in strikes is voluntary whereas persons forcing an employee to take part in strikes or refuse to take part in strikes shall be held juridically liable In the course of the strike workplaces of employees participating in the strike shall be maintained but an employer has the right not to pay remuneration to employees participating in the strike Also he has the right to pay full

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=211%3A2012-04-05-13-34-23&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
    Open archived version from archive


  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    wife child etc honor and dignity but outside the territory of their homeland The notion of homeland and religion also means accepting and obliging others to follow this formula Do not touch my religion honor and homeland The present acting Article 19 of RA Civil Code relates to protection of honor dignity and business fame 1 Honor is an objective appraisal of moral political business practical and other features given to people by the society 2 Dignity is the consciousness of objective appraisal and self consciousness of own values given by a person Honor and dignity are interconnected and form an organic unity In spite of inseparable bond of honor and dignity there is considerable difference between them which lies in the fact that honor is an objective social feature whereas dignity is a subjective self appraisal Therefore it follows that in some way dignity depends on upbringing state of excitement perception etc In other words if a man lacks dignity and is not conscious of the significance of honor then he or she will be in no condition to perform harmonious actions for the protection of honor The Legislation reserves the right to demand from a citizen to reject any information disrupting honor and dignity if the person spreading such information fails to prove that they do not correspond to the reality The Legislation does not envisage even an approximate list for disreputing information by allowing the court to determine the need for rejecting them based on the developed ethical norms business customs and precedents in each specific case If the information spread by the society is deemed to be reprehensible and blameworthy then such information is regarded as disreputable For example robbers bribe takers drug addicts homeless people etc If we say talkative ugly coquette etc they cannot

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=137%3Ausefull&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
    Open archived version from archive

  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    both an employee and employer An employee is not a serf or slave The latter lawfully enjoys rights which he or she ought to be aware of A false opinion is formed in the society that it is useless for an employee to fight for his or her own rights But it is not so Based on my practice I faced numerous cases when employees applied to the court for the protection of their rights and achieved success I wish to mention a well known public case served by me or the legal office under my leadership The given case was directed at the restoration of work of a well known journalist Hovhannes Galajyan in his workplace The court obliged the employer to reemploy the employee and pay mandatory sum for time wasted The claim as to the restoration of work of one of the professors of the institute was also an interesting case which reached the Constitutional Court of the Republic of Armenia and in the end one of the articles of RA Civil Code was regarded as anticonstitutional and honourable professor was restored in his work I had great honor of defending the claim of N 115 labour team which disputed the rights to receive corresponding salary against the work carried out under detrimental dangerous serious conditions and harmful to their health The given case was reviewed in court instances but it ended up in failure The foregoing serves as a basis to conclude that there exist all the normative legal norms for the lawful protection of their rights for an employee and employer in the Republic of Armenia It is only necessary that each person should be well informed of his or her rights and responsibilities Now it is expedient to familiarize ourselves with certain provisions of the labour legislation which has a direct relation with the rights and responsibilities of employees and employers WHAT IS A LABOUR CONTRACT In accordance with Article 83 of RA Civil Code a Labour Contract is an agreement between an employee and employer Under the given agreement an employer and employee obtain certain rights and responsibilities a an employer is obligated to provide an employee with the agreed work and pay for the work done b an employee is obligated to perform certain work for an employer Each person is free to choose and assume the given work Any compulsory work as well as any violence or duress in respect of employees is prohibited The labour contract shall include the following conditions a workplace b year month date of commencement of employment year month date of signing the contract c position or name of profession d rights and responsibilities of employers and employees e procedure and amount of remuneration for work done f labour contract duration g privileges and reimbursements of employees in case of working under harmful and detrimental conditions A labor contract shall be signed in writing in duplicate by an employer and employee The employee is recommended to

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=138%3A2012-04-06-05-36-15&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
    Open archived version from archive

  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    on the road Let us imagine for one second that we are on Gyumri Yerevan highway or any highway of Armenia Can you say how many polyethylene bags and other foreign items we can find on our homeland I am not an admirer and worshipper of foreign things all the more I am dead certain that our potential and upbringing is higher which can favour having a clean house clean country in other words clean homeland But for this it is necessary to answer one question whether we wish to see our house clean and tidy I am more than ever confident that we do wish Therefore we ought to seek reasons and eliminate them In my opinion there are five reasons for it a The overwhelming majority of people do not feel that they are owners of their country outside their house Therefore do they not only take the hand of a violator who pollute it but also they themselves throw their own rubbish onto the ground or throw the rubbish from cars onto the street b The overwhelming majority of people are unaware that the cellars attics staircases lifts of their buildings as well as the building yard are their lawful property otherwise they will not litter the ground or urinate c The overwhelming majority of people do not realize that if the external appearance porch lifts and the building yard are renovated then the market value of their house will be higher d There do not exist any serious legal sanctions There are administrative liabilities applied to those who pollute or litter their rubbish in forbidden areas For instance in California one can be fined 1 500 US dollars for throwing a candy paper onto the ground or the violator will have to sweep the highway for several days e Although RA territories are regulated by law according to their administrative units condominium community administrative district region and other state authorized bodies which are authorized to bring the violators to account but there also exist personal and simple relations For example to eliminate some accident any citizen or legal entity can pull down any part of central street of the city or the yard Thereafter he will cover it with soil at best or as a last resort leave the hole and get away That s where the authority of the given community and region ought to apply strict and serious measures in respect of a citizen or legal entity Recently a citizen known to the public reprimanded another citizen in the lift who was renting an apartment in the same building who entered the lift with a cigarette in his hand This incident resulted in the interference of law machineries who commenced examining the act committed by the one reprimanding the given citizen so as to ascertain whether the given act entailed any criminal offense or not and in the end a criminal case was instituted Instead of finding corpus delicti the violator ought to have

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=140%3A2012-04-06-05-47-31&catid=48%3A2012-04-03-12-12-31&Itemid=20&lang=en (2016-02-14)
    Open archived version from archive

  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    Rights freedom of expression stipulated in the Article 10 part 1 is one of the grounds of democratic society and the main condition for the development and self realization of its members According to the 2 nd part of the Article 10 freedom of expression includes not onlysuch information and ideas which are favorable harmless or neutral but also such which offends shocks or worries Those are the demands of pluralism tolerance and liberalism without which the democratic society does not exist Lingensn vs Austria N 9815 82 8 07 1986 ECHR para 41 The mentioned principles become more important from the point of media The media does important functions in democratic society Although it cannot exceed some frames especially concerning the rights and authority of others nevertheless media has an obligation to spread information and ideas concerning all the issues which are subject of public interest in the frame of its obligations and responsibilities Not only media has obligation to spread such information and ideas but also the public has right to get such information and ideas Id para 41 Moreover considering the freedom of media it should be mentioned that it also includes some level of exaggeration and even an opportunity to provocation In this sense the Article 10 protects not only the contents of the information and ideas but also the wayof expressing that Prager and Obershlik vs Austria N 15974 90 26 04 1995 ECHR para 38 De Haes and Gisels vs belgium N 19983 92 24 02 1997 ECHR para 48 Chemodurov vs Russia N 72683 01 31 07 2007 ECHR para 19 Concerning the freedom of journalist to spread information the ECHR mentions that The Article 10 of the Convention protects the right of journalist to spread information which is the subject of public interest in case the journalist acts conscientiously and based on the accurate factual grounds and provides trustable and certain information according to the ethical norms of journalists Shabanov and Tren vs Russia N 5433 02 14 12 2006 ECHR para 40 Concerning the freedom of journalist to express opinion it should be stated that the truthfulness of appreciating judgment is not of subject to be proven It is impossible to fulfill the demand to prove appreciating judgment and such demand itself can violate the freedom of expression which is the fundamental part of the right guaranteed by the Article 10 of the Convention Nevertheless the appreciating judgment which lacks of some factual grounds may be exaggerated Therefore the issue is whether there were enough factual grounds for the appreciating judgment Karman vs Russia N 29372 02 14 12 2006 ECHR para 41 Greenberg vs Russia N 23472 03 21 07 2005 ECHR para 30 So all the argumentations which have been presented by the supplementing document to the claim become no sense as the plaintiffs have accepted the fact that the published information cannot be considered as an insult or slander by their vocabulary and other explanations In particular they

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=234%3A2012-04-05-13-34-23&catid=55%3Amamul&Itemid=51&lang=en (2016-02-14)
    Open archived version from archive

  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    administrative regions by president judge R Nersisyan yesterday The session was already the second one The representative of plaintiff Kyanki khosk organization s leader Arthur Simonyan was the member of Advocates Chamber of RA Avetik Papinyan who had objected to the participation of the representatives of media in the judicial session and recording of the session which cannot be prohibited according to the legislation The Court of course did not accept the objection It should be noted that it is necessary to do not only voice recording but also video recording of the session but it is interesting that such session in which the public interest is great may not be published by TV only because of the objection of the representative of the plaintiff Here is the question whether the organization which considers itself transparent and at the same time has media service can consider its actions transparent The representative of the plaintiff has presented the claim to force Iravunk Media LLC to deny the information harming the dignity and good will of the organization and emerging religious detest and to excuse and compensate the judicial expenses According to him some articles and collages were published in the magazines

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=177%3Amamul25&catid=55%3Amamul&Itemid=51&lang=en (2016-02-14)
    Open archived version from archive

  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    such in a future Now the financial demand is concerning the compensating the judicial expenses What grounds did the plaintiff consider basis for claiming that the reputation and dignity were harmed According to the plaintiff his reputation dignity and good will were harmed by some materials published by media But in my opinion such grounds cannot lay in the basis of the claim about harming the reputation dignity and good will because according to the precedents of the European Court of Human Rights freedom of expression according to the article 10 paragraph 1 is one of the grounds of democratic society which is a condition for development and self implementation of its members Abovementioned principles get higher importance from the point of media Media has important functions in the democratic society especially Although media cannot exceed its limits especially concerning the rights of reputations of others but it has a responsibility to spread information in which public is interested mostly Except that public has a right to get such information and thoughts If an organization realizes some activities then media lightens its activity Among such organizations can be non governmental organizations religious organizations and political organizations at the same time Media has a responsibility to publish events developments and functions in which public is mostly interested Going back to the issue of freedom of expression it should be noted that the trueness of the evaluating judgment does not need to be proven Demand to present proofs for the trueness of the evaluating judgment cannot be realized and such demand may itself violate freedom of expression regulated by the Article 10 of the European Convention on Human Rights There are many precedents of European Court of Human Rights concerning this issue According to the plaintiff what does especially harm the reputation dignity and business reputation of the plaintiff I think there is no such thing In addition to the brief the plaintiff has presented that the word sect is insulting for them If such word is insulting for someone that does not necessarily mean that it is insulting word I think mentioning sectional organization my client did not mean to insult the plaintiff organization In my clients opinion the plaintiff is sectional organization and realizes sect functions Even if the plaintiff organization is not a sect I do not think that we insult their reputation dignity or business reputation Moreover the explanation of the word sect is given in modern Armenian vocabulary It is the following 1 religious study going outside of the exact church 2 a religion strange to the religion accepted in this country There exists one more explanation direction exceeding any study And for the word nonconformist first of all the explanation is as following satellite of the sect and the second someone governing with narrow group interests and dogmatic beliefs For me and I think for most Armenian Christians the given church is Armenian Apostolic Holy Church with its ancient role It is important to quote the

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=165%3Amamul24&catid=55%3Amamul&Itemid=51&lang=en (2016-02-14)
    Open archived version from archive

  • ԼԵՎ Գրուպ Փաստաբանական գրասենյակ - Գլխավոր տնօրեն՝ Լևոն Բաղդասարյան
    Claims concerning property s bargaining Claims concerning confirmation of legal facts Claims concerning recognizing a person missing Քաղաքացուն անգործունակ կամ սահմանափակ գործունակ ճանաչելու մասին գործեր Labor Law Claims Domestic Law claims Administrative Law claims Claims concerning state authority bodies and

    Original URL path: http://www.levgroup.am/index.php?option=com_content&view=article&id=525%3A2012-11-06-10-46-06&catid=62%3A2014-06-02-10-52-43&Itemid=120&lang=en (2016-02-14)
    Open archived version from archive