CRIMES AGAINST STATE POWER AS FUNDAMENTAL VIOLATIONS OF THE PRINCIPLE OF CITIZEN’S LOYALTY TO THE STATE: SOME OBSERVATIONS

Abstract

The scientific issue of this article is the analysis of crimes against state authority as bases for revocation of citizenship of Armenia. In this context, the notion of citizenship has been examined under the angle of social contract, entailing mutual rights, obligations and responsibility between the state and its nationals. The main stress has been made on the national’s duty of loyalty owed to the state, which inter alia implies the citizen’s obligation to refrain from any action, made against the state or to detriment of the state, including grave criminal offenses against state power.
Based on the research done, a thesis has been proposed by the author under which the duty of loyalty, as the core essence of the national’s obligations, owed to the state, becomes senseless, if a citizen has committed a crime, directed against constitutional order, security, and (or) sovereignty of the state. Consequently, in such cases, the legal relationship between the state and the national, whose guilt has been proved by the judicial verdict, entered into force, shall be terminated.
As under the RA Constitution, termination of citizenship is prohibited, it is proposed to consider the respective amendment which may be included in the draft of the new Constitution, being elaborated now by the specialized body, established by the RA Prime Minister. The next step will be the amendment of the RA Law on Citizenship to add the institute of revocation of citizenship based on the commitment of certain crimes against the state.