1 Criminological Aspects of the Causes of Crime , Mikheil Gabunia, Lika Kavtuashvili, Ani Aslanishvili, Anano Motsonelidze  
In modern criminology, the threefold division of the causes of crime is accepted: physical; Anthropological and social. However, it should be noted that in modern criminology there is an opinion that the reasons are divided into two parts. In particular, physical factors should be removed from this classification and the causes of crime should be divided into social and anthropological categories. For modern criminology, in relation to the causes of crime, it would be most appropriate to take into account the vast experience of the past and to conduct our further research in a three-part classification: studying anthropological, physical and social causes and influencing these causes, developing prevention measures. Experience has clearly shown that the science of criminology in the fight against crime, occupies a leading place among the social sciences, whose recommendations should be taken into account as much as possible in the social control of crime.
2 The Legal Aspects of Artificial Intelligence based on the EU Experience , Khatuna Burkadze
In the digital era, technological advances have brought innovative opportunities. Artificial intelligence is a real instrument to provide automatic routine tasks in different fields (healthcare, education, the justice system, foreign and security policies, etc.). AI is evolving very fast. More precisely, robots as reprogrammable multi-purpose devices designed for the handling of materials and tools for the processing of parts or specialized devices utilizing varying programmed movements to complete a variety of tasks. Regardless of opportunities, artificial intelligence may pose some risks and challenges for us. Because of the nature of AI ethical and legal questions can be pondered especially in terms of protecting human rights. The power of artificial intelligence means using it more effectively in the process of analyzing big data than a human being. On the one hand, it causes loss of traditional jobs and, on the other hand, it promotes the creation of digital equivalents of workers with automatic routine task capabilities. “Artificial intelligence must serve people, and therefore artificial intelligence must always comply with people’s rights,” said Ursula von der Leyen, President of the European Commission. The EU has a clear vision of the development of the legal framework for AI. In the light of the above, the article aims to explore the legal aspects of artificial intelligence based on the European experience. Furthermore, it is essential in the context of Georgia’s European integration. Analyzing legal approaches of the EU will promote an approximation of the Georgian legislation to the EU standards in this field. Also, it will facilitate to define AI’s role in the effective digital transformation of public and private sectors in Georgia.
3 Compatibility of the EU and Georgian Personal Data Protection Regimes and Data Transfer , Nika Svanidze
The work discusses Personal Data Protection system under the European Union law, also Personal Data Protection in Georgia and the compatibility of those two regimes. Moreover, there were mentioned ways how Georgia can adopt regulations and harmonize its legislation, to be compatible with the European Union Personal Data Protection regime. The work emphasized efforts of Georgia on the path of developing its Personal Data Protection system. The many citizens of Georgia don’t even have a knowledge that their Personal Data has to be defended. Although, the court practice of Georgia revealed good developing signs in this field. If before there were not any cases concerning personal data protection, today we have some good decisions regarding the personal data protection. The data transfer between the European Union and Georgia, is also implemented in the Association Agreement between the European Union and Georgia. Here as well has to be mentioned that the Association Agreement was the greatest step for Georgia, it was the great opportunity to harmonize Georgian Personal Data system with a European. Step by step, Georgia is straining to become a member of the European Union. Thus, this work is a look through past and future of Georgian and EU relations in the field of Personal Data system.
4 Conflict of Interest Between Regulatory Agencies on Telecommunication Sector And Consequences of Improper Telecommunication Mast Installation in Nigeria , Adeola Olufunke Kehinde
This paper examines various laws governing telecommunication installations in Nigeria with a view to addressing the perceived shortcomings in the laws. While the National Environmental Standards Regulatory and Enforcement Agency Act (NESREA Act) and the National Communications Commission (NCC Act) have been enacted to solve the problems associated with the effects of telecommunication mast installation in public places, the outcome of these laws seem inadequate for failure to provide effective means of enforcing same. The study considered the provisions of NESREA Act which is the principal Law enacted for ensuring that environmental standards are maintained and protected in Nigeria and the provisions of NCC Act which is the law that establishes the principal body which regulates telecommunication installations in Nigeria as well as other legislations. While NESREA in its Regulation provided for a setback of 10 metres, the NCC Act provided for a setback of 5 metres, which often conflicts and put victims at disadvantage and also conflict between the two regulatory bodies. It was observed that serious environmental hazards are linked to installation of tele- communication masts within/close to residential premises. Among these are leukemia, cancer, cracks on the buildings, pollution, such as water, land and air. The problems also include telecommunication masts falling on buildings and sometimes death due to substandard materials used in the installation as against the stated standard by the controlling regulatory bodies.
5 Behavioral and Comparative Analysis of the Information Paradigm in Consumer Law , Tatia Nikvashvili
This article examines the issue of information asymmetry in consumer law and deliberates on the necessity of regulation of the status of a consumer and their protection mechanisms. It is evident that the relevant Georgian law, by and large, does not guarantee the sufficient safeguarding level and thus the approximation to the respective EU legislation cannot be deemed successful in toto. Furthermore, this article analyzes the Draft Law of Georgia on the Protection of Consumer Rights and displays the possible challenges. In addition, the special emphasis is on consumer credit contracts. In the wake of the growing importance of behavioral analysis and its impact on the law and economics, the standard of an informed and rational consumer, which constitutes a cornerstone of the EU consumer law, is now highly debated. By reviewing some findings in behavioral law and economics, along with the international legislation and case law, it is argued that some implications of behavioralism should be taken into account in the field of consumer law.
6 Criminal Liability of an Entrapped Person Through the Prism of Goals of Punishment , Papuna Guruli
Present work was written as a part of doctoral research. It aims to generate reasonable arguments on whether it is just to prosecute and punish a person that was entrapped by an agent-provocateur. In other words − does criminal entrapment constitute a substantive defence for an entrapped person or not? In scientific literature the matter is traditionally discussed within the scope of criminal procedure (admissibility of evidence, fair trial etc.) while arguments from substantive criminal law are rarely addressed. Thus, it remains unclear whether the goals of punishment are achievable at all if an entrapped person gets sentenced. Thus, it is necessary to comprehend the subject through the prism of goals of punishment namely: restoration of justice, special prevention of crime and general prevention of crime especially since all three are well-recognised by science of criminal law and current legislation. After detailed and consistent analysis done within research, there are good reasons to conclude that prosecution and following sentencing of an entrapped person: ? Hinders restoration of justice ? Hinders special prevention of crime ? Partially hinders general prevention ? Eventually, all that constitutes an important argument to consider entrapment as a substantive defence for the entrapped person.
7 Legal Status and Rights of the Pet (companion) Animals and Ensuring Their Harmonious Coexistence with Citizens According to Legislation of Georgia , Kakhaber Ioseliani
The goal of the present article is to give the reader an insight in the problems of regulating pet issues in Georgia, as well as ongoing trends and up-to-date views in the European countries, to identify the causes of problems of legal regulation and management in the given field and to give an impetus to those interested in the topic and problems to find ways to address the problem. The source of the article was the effective legislation of Georgia, which was duly studied, including the normative acts adopted by the central authority and municipal bodies, as wellas the national legislations of the European countries, international legal documents and the managerial practice of the branch in Georgia. Following the study of the problem considered in the article, it was found that Georgia lacks a single legal framework to systematically and thoroughly regulate pet issues. Neither does the country have a legislative act that would define the status of pets. Consequently, there is no quality and comprehensive legal document at the municipal level derived from the nationwide legislative act. There have been attempts at the levels of both, the central government and concrete municipalities, to address pet issues. However, such attempts are fragmental and non-systemic and fail to cover complex measures. As a result, it is impossible to obtain a desirable outcome in respect of safety of people and animals and protection of animal rights.
8 Issues of Protection of Personal Rights After the Death of the Victim in Civil Law , Mariam Dolidze
The protection of personal human rights is especially important af- ter the death of the victim. First of all, it is necessary to determine what is meant by the personal rights of a person, what personal rights can be protected after the death of the victim, in order to determine what is meant by the protection of the personal rights of the deceased. Then it is necessary to find out what the characteristics of a person are, by whom, how and in what form these rights are protected, and what harm can be caused by the violation of personal rights. It is true that the violation of personal rights is not allowed by law, but, nevertheless, there are many facts around us when the personal rights of the deceased and the living are violated. It is also desirable to protect personal rights acquired at birth from being violated by others both during the life and after the death of the victim. It is true that a person with personal rights protects his life and can claim compensation for property and / or non-property damage, but after the death of the victim, the law prohibits relatives or friends of the deceased from claiming compensation. for moral damage in vio lation of these rights. However, if a person was rehabilitated after his / her death, but the unlawful condemnation of the victim or other illegallegal actions damaged both the name and reputation of the heir, it is recommended to give the victim’s heir the right to claim compensation for the damage directly caused to him.
9 The Case of Avoidance to Accept the Inheritance in the Existence of the Heir Creditor , Khatia Gelashvili
The inheritance right is one of the basic human rights, which is protected and guaranteed by the Constitution. This fact implies that the state has certain obligations to recognize this right. The article deals with the case where the heir does not want to receive the inheritance because the testator has creditors who seek to meet the obligations left by the testator. This issue has become more frequent in recent years, as it is not yet regulated at the legislative level, so I will offer recommendations to the public. The study reveals the diffi culties associated with this case of inadmissibility of the estate, when the main purpose of the heir is to avoid liability to the creditors of the testator, both by will and by law. The study discusses in each case, the inadmissibility of the entire estate, as well as the inadmissibility of part of it, as well as the case of liability to several creditors of the heir. I think the discussion of this issue will be really new for the Georgian legislation, because the Civil Code does not fully regulate this topic and it can be boldly said that the research issue will not lose its relevance in practice.
10 The Legal Nature of Smart Contracts , Salome Tezelashvili
The article discusses about the smart contract, its concept and legal nature, as well as the place of smart contracts in the Technology Law, which means a discussision on the important issues covered by this topic. At the same time, smart contracts are compared to the usual standard contract, where their pros and cons are discussed. The importance and necessity of both types of contractsin relation to the current reality will also be discussed. At the same time, the article discusses about the revolutions – from where they begin and how long the world has passed before today"s reality, why blockchain is considered as the fourth generation revolution and how important it is to develop and implement it. The article also discusses about the types of contracts, which means how a standard contract can be divided, in the other words, we talk about consensual and real contracts. The defi nitions of each of them and their need related to the smart contracts are analysed in the article. Therefore, we use the relevant chapters and articles of civil law to be able to explain what is meant and to what extent it is possible to follow the same norms in the case of the smart contract.
11 The Interpretation of Certain Norms of the General Administrative Code of Georgia and Law of Georgia on Police , Kakha Kurashvili
This article is related to issues of interpretation of certain norms defined under General Administrative Code of Georgia and Law of Georgia on Police. In particular, Article 3 of the General Administrative Code of Georgia regulates the scope of this code. However, provision of the Article 4 does not contain any reference to the administrative offenses committed by the police and other administrative bodies, what in specific cases may lead to ambiguity in regards the scope of this code – as subject required by the General Administrative Code of Georgia and Administrative Offenses Code of Georgia, in both cases is an authorized administrative body (officials). Responding to administrative offenses by police is an important part of the activities carried out by the state authority (police). Therefore, Law of Georgia on Police distinguishes preventive function of the police from function of responding to offense. Also, the Article 5 of the law defines legal grounds for police activities, however this article does not contain specific references to Administrative Offenses Code of Georgia what can be deemed as legislative shortcoming. Taking into consideration the above-mentioned, in order to clarify the law and to achieve objective goal of the legal norm, below listed terms shall be added to 1. General Administrative Code of Georgia, Section 4, Article 3, and 2. Law of Georgia on Police, Article 5.
12 Foreign Law Rules in French Justice: The Basic Problems and Challenges , Tamar Mskhvilidze
Private international law plays an important role in defining applicable law and regulating private international law relations. Foreign law is significantly different from local law. Judges do not have the right to change the content of foreign law, they simply have the opportunity to reject or apply foreign law. When a judge is obliged to make a decision based on the rules of national law in the process of legal proceedings, it is clear that the law of a foreign country cannot enjoy the same status. The issue of determining the content of foreign law and its application remains one of the most problematic issues in the private international law of countries around the world. French case law has gone through a difficult and controversial path to formulate a decisive position on the application of foreign law. Resolving this problem was especially important for France, as the courts of this country have to deal with a large number of international litigation cases. The basis for the application of foreign law is the choice of French private nternational law rules, as a particular legal relationship is subject to regulation by a foreign legal system. Thus, French courts apply foreign law to administer high-quality justice, as finding the right solution lies in applying foreign law.
13 Pandemic: Legal and Social Response , Khushboo Garg, George G. Tumanishvili
The Covid-19 pandemic changed the world and accelerated pro cesses that could have taken decades without a pandemic. In this paper, the authors discuss the public and government responses to the new normal, nowadays reality, and most importantly, the legal regulations that have been enacted in different countries in response to the challenges. The paper discusses in detail issues related to security measures, social distance, gender issues, abortion, education and student mobility, employment, and entrepreneurship. A pandemic that has survived more than a year needs to be addressed. The decisionmakers made efforts to create a provision for the influenza virus after it became prominent in society. The intention is not to be pessimistic but to be optimistic enough to create provisions for the future. Countries are aiming to achieve their commitments to recover from the pandemic. A pandemic demands a legal response as well as a social response. The research paper aimed to divert the at tention of the readers to the untouched aspects of the law that are related to emergency situations, including pandemics. In the paper, we discuss the paradox of the pandemic, lockdown, and post-lock-down situations, as well as protests/riots, gender-based violence, healthcare, and education topics related to the changes that have taken place due to the pandemic.
14 Africa in the Eye of the Storm: Navigating Law and Structural Inequality in Global Environmental Relations, Olalekan Moyosore Lalude, Ayoyemi Lawal-Arowolo
Environmental racism is a phenomenon defined by an unfair allocation of environmental risks. It is a systematic violation of the right to a safe and healthy environment. Environmental racism takes root in the colonial prioritization of race in the distribution of social and environmental benefits. The environment should not be treated like an infinite garbage can. The economic polarity of the world will always have some people on the receiving end of an ordeal. In contradistinction to the ideal, in Africa, environmental justice is a concept of privilege. The costs of industrialization such as environmental degradation and the generation of toxic waste have brought about imbalances in the environment. These imbalances have caused variant problems, both short term and long term This article discussed environmental racism and what it means for the realization of environmental justice. This article further compared the successes of the Bamako Convention to the Basel Convention in the light of the realities of the dumping of hazardous waste in Africa and the conduct of activities injurious to the environment. It further examined the activities of multinational companies in Africa and how weak regulatory environments aid the impunity of environmental pollution.
15 What are the Applicable Norms and Principles of International Law Delimitation of the Caspian Sea?, Sedigheh Zarei
The purpose of this research was to identify the law applicable to the delimitation of the Caspian Sea and selecting the best approach in this regards. In this sense, in the beginning, the geopolitical significance of the Caspian Sea in the region and the importance of the Convention on the Legal Status of the Caspian Sea were reviewed. In order to examine applicable law, international legal resources under Article 38 of statute of international court of justice (ICJ) and the best current approaches, standards, principles and methods for international maritime delimitation were discussed. Furthermore, the main source of current and past legal statutes of the Caspian Sea, Soviet-Iranian agreement, bilateral agreement on the northern part of the Caspian Sea delimitation and the Caspian Sea Convention was considered. In addition, special conditions and circumstance of the Caspian Sea coast were assessed, and the best approach for the demarcation of the Caspian Sea, the three stage approach, was analyzed. It is worthy to mention, this work is a compressed and update version of my Master thesis1 at world maritime university.
16 Several Legal Peculiarities of the Regulation of Business Environment in Germany, Mikheil Bichia
Business law includes contractual, labor, corporate, tax and other relations. However, the purpose of the study is to highlight and analyze only few interesting issues since it is physically impossible to cover all its aspects within the framework of one article. First of all, it is necessary to determine the legal basis for doing business in Germany and then – the features of starting and doing business. Therefore, this paper serves as a concise methodological guide to the regulation of the business environment in Germany. In this sense, the study examines the legal forms of doing business recognized in Germany, the legal possibilities for establishing various contractual or labor relations with contractors, as well as the grounds for corporate or private liability in case of violation of the rules. Model of corporate governance, external liability and internal corporate governance issues are of particular interest in Germany. The study confirms that the basis for regulation of various aspects of doing business in Germany is specific. The principle of direct corporate liability to creditors is common in Germany but the principle of piercing the corporate veil is allowed if the relevant prerequisites are present. However, business contracts in Germany are based on a narrow approach of contract terms regulation compared to the United States. Hearing of cases by specialized judges in Germany ensures a better and fairer judicial system in labor disputes.
17 Digital Transformation of Legal Education in the Time of Coronavirus, Khatuna Burkadze
The COVID-19 pandemic has created the largest disruption of education systems affecting nearly 1.6 billion learners in more than 190 countries.1 Closures of schools and other learning spaces have impacted 94 percent of the world’s student population, up to 99 percent in low and lower-middle-income countries.2 Despite pandemic education systems have been transformed by using information and communication technologies. Digital platforms and applications have become key instruments for supporting the continuation of the teaching-learning processes during the lockdown period. In different countries, universities have created online classes and courses for students. They have provided access to online libraries and developed training programs for the enhancement of digital skills. Regardless of these actions, new digital reality demands new visions and initiatives for overcoming challenges in this process. In this regard, on the one hand, the article aims to explore ways of digital transformation of education systems, especially in law schools. On the other hand, it examines factors that impede the successful usage of digital tools. Overall, the paper will promote to clarify key trends for modern legal education policy.
18 The Role of the Individual Assessment Report in Determining the Best Interest of a Juvenile Before Sentencing (Case law Analysis), Salome Guliashvili
The importance of the scientific paper is due to the combined theoretical and practical analysis of the norm-principles of juvenile justice and the report of individual evaluation; in particular, the study of case law. The research uses the method of analysis and comparison, the method of logical reasoning and reasoning, the method of studying and generalizing specific criminal cases and established judgments. The structure of the paper is a kind of chain that is logically related to each other, which is consequently reflected in the sentencing of a judge. In particular, it analyzes what is meant and how to prioritize the best interest before the judge imposes a sentence, then logically links it to the principle of individual approach to the juvenile, which is also inherent in juvenile justice and the principle of best interest priority. These norms find practical viability in an individual assessment report, in particular, the paper discusses in detail what issues a social worker will explore before sentencing a juvenile. An individual assessment report within juvenile justice is the basis for a combination of outlining principles and making decisions tailored to the best interests of the juvenile. After taking into account a number of circumstances analyzed in the individual assessment report, the judge will have a clear idea of what will be the best decision for the juvenile to re-socialize-rehabilitate.
19 Jurisprudence of the Strasbourg Court of 2020, Eva Gotsiridze
The Article concerns the Jurisprudence of the European Court of Human Rights of 2020. It does not have an ambitious objective to give an exhaustive analysis of the Court’s Case – Law, it only tries to show several important issues, which reflect current approaches of the Court and tendencies or directions of its Case-Law development. The following issues and cases will be discussed in the Article: jurisdiction of a State (art.1) and its interconnection with the admissibility of the application (inter-state case Slovenia v. Croatia, concerning an alleged violation of convention rights of a legal entity, which could not be classified as a “non-governmental organization” in the meaning of the art. 34); refusal by the Court to acknowledge extra-territorial jurisdiction in respect of the foreign nationals who apply for a visa at an embassy or consulate abroad ( M.N and Others v. Belgium); extra-territorial effect of a refugee status within the EU (Shiksaitov v. Slovakia); just satisfaction in respect of property outside of a respondent state territory and indirect binding nature of the Court’s judgment for a State, which was not a party in convention proceedings (Molla v. Greece ); issue of a state responsibility (in the meaning of violation of negative or positive obligations) for acts committed by a state agent in his private capacity, and the issue of whether and under what circumstances the approval by a state of a committed act raises its responsibility before the Convention; obligations in the context of extradition and arbitrary release from serving a prison sentence for a racially motivated hate crime (Makuchyan and Minasyan v. Azerbaijan and Hungary); importance of the freedom of expression of a member of Parliament from the opposition political party (Selahattin Demirtaş v. Turkey,); and of an accused person during his case hearing in the context of the statements for self-defense that resulted in his conviction for defamation (Miljević v. Croatia); compatibility of an organized calling for boycott with the art. 10 and the threshold, that should never be overstepped while exercising freedom of speech (Baldassi and Others v. France), etc. It is emphasized in the Article that the Court has developed a number of new approaches and principles in order to protect vulnerable groups (Roma community, asylum seekers, homosexuals, victims of domestic violence or trafficking, children (from ill-treatment by their parents)), as well as to introduce more detailed criteria to estimate the foreseeability of criminal provisions, concept of “tribunal established by law” (within the meaning of art.6) or more guarantees for personal data protection, etc. The Author is of an opinion that ECHR does follow its way of harmonious interpretation of the Convention with the other International law instruments and, in later cases, extends the application of the principle of subsidiarity including making its judgments indirectly binding for a State, which was not a party in the convention proceedings.
20 Weakening the Logic of Public Authority in the Concept of Administrative Contract by the Existence of Competitive Logic, Ivane Balakhashvili
Public activity has undergone a transformation and the integrity of administrative contract law can no longer be based on the traditional notion of administrative contract. The legal regime of the administrative contract was developed to justify the application of norms different from private law. This connection between the notion of an administrative contract and its specific legal regime explains that questioning the traditional notion of an administrative contract has implications for defining the general theory of administrative contracts. The question arises as to whether we can define the general theory of contracts concluded by administrative bodies. In the classical notion, the specific regime of administrative contracts is based on the logic of public service. The current legal regime of administrative contracts is based on various grounds. Public service, as the main element of the general theory of administrative contracts, today is competed by different logics that have different purposes: it is contractual logic and competitive logic. The first seeks to make an administrative contract similar to a civil contract. The second goes further: he is not interested in the possible specifics of the legal regime of administrative contracts. Previously, the selection of a contractor on a competitive basis did not meet the competitive logic, it was intended to spend public money correctly. Today, competitive logic is integrated into the top of the hierarchy of norms. This particular service logic retreats in the face of competitive principles.
21 The Problem of Procedural Complicity in Georgian Civil Procedural Law, Bakur Liluashvili
The paper discusses such an important institution of Georgian civil procedural law as procedural complicity. In particular, the legal grounds for co-participation in civil proceedings, such as: 1) the subject matter of the claim, 2) the common right and 3) the basis of the claim. We considered it necessary to discuss the above preconditions in order to avoid mistakes in resolving the issue of involving the parties (plaintiffs) and the parties (parties) participating in the proceedings. Making this mistake, in turn, can lead not only to a timely decision on the case, but also, most importantly, the ability to make an objective decision. As a result of the analysis and comparative study of the case law of Georgia, as well as the legislation of foreign countries, including continental and common law states, the issue of the need to make changes in the Georgian Civil Procedure Law regarding the institution of complicity was identified.
22 Judging the Freedom of Religion in India on the Touchtone of Doctrine of Essential Practice Test, Vikash Kumar Upadhyay, Tarkesh J. Molia
India is a secular nation where innumerable followers of religions, sects live. The Constitution of India gives the protection for freedom of religion. The protection is not available to all types of religious practices. This protection is available to only those practices which are essential to religion. Whether any religious practice is essential or not? To adjudicate this Indian Supreme Court has adopted the ‘Doctrine of Essential Practice Test’. This paper explore the development of this doctrine in India. This paper has been divide in six parts. First part gives a brief overview about people and their faith and their protection under constitution. Second part deals with the concept of secular state. Third part discuss about the meaning and concept of religion. Fourth part deals freedom of religion under Indian Constitution. Fifth part deals with doctrine of essential practice test. Sixth and last gives the conclusion.
23 Determining the Place of Residence and Rights and Responsibilities of a Juvenile Child in the Case of Parental Divorce, Khatia Gelashvili
The thesis is about "Determining the place of residence and rights and responsibilities of a juvenile child in the case of parental divorce" which focuses on one of the most acute and always controversial problems in our country. In Georgia, there are frequent cases when the parents of a juvenile are divorced or living separately and can not agree about with whom to stay their child to raise. Judicial practice in this regard is common and in every new case are made largely different decisions. There are exceptions when there is no dispute between the parents and they decide for themselves with whom the juvenile should be brought up, so the analysis of each case is considered. In this thesis, we have discuss about the protection of the interests of the juvenile, the involvement of the guardianship and custodial authority , which plays a major role in the decision-making process by the court, as it is crucial for them to thoroughly study the case and determine the psychological state of the child and the essence of the interim order issued by the court, as well as the consideration of the interests of the juveniles in determining their place of residence. The research also covers the definition of parental rights and responsibilities in the above case, which is one of the most important issue. Also, there is a little attention about situation not only in Georgia, but also in other countries in this regard.
24 Military Booty as a Source of Property Rights in Ancient Georgian Law, Ana Tsignadze
Institute of Feudal Property Rights’ fundamental research is important for studying the Georgian law institutions of this period. The original means of obtaining property rights, including military trophy, have not yet been well explored. Due to peculiarities of feudal relations, the only thing that always connected the royal government with the fiefs during the period of Georgia’s unification or fragmentation into kingdoms was the obligation to military campaigns. Commitments were imposed not only to the secular but also to the ecclesiastical feudal lords. At the same time, depending on the form of military organization, permanent, mercenary or regular troops had different rules for capturing spoils of war and distributing them. The paper presents the main features of military booty as one of the important sources of acquisition of ownership in the old Georgian law. The paper examines rules for obtaining ownership of enemy property in feudal Georgia, the order of division of seized property between warriors of crusades and other authorized persons, and also examines the factors on which the legality of spoils of war was depended. The paper discusses issues such as: descriptive terms of spoils of war; property obtained by the sword as a indisputable property; Tradition of taking Panjiak – King Panjiak; The amount of the officers’ share in the booty, which was allocated either from Panjiaki or from the rest of the property.
25 The Impact of Criminal Policy on Juvenile Justice, Khatia Kukchishvili
The present article discusses the impact of criminal policy on juvenile justice. The current state of repressive and liberal criminal policy and its consequences in Georgia in 2004-2021 are analyzed. Explains what repressive and liberal criminal policy means and what positive and negative impact criminal policy can have on juvenile justice. The years 2004-2021 are conventionally divided into two parts: ● 2004-2012 – When a repressive criminal policy was announced in the country, which in itself fully reflected on juvenile justice; ● 2012-2021 – When, in conflict with the law, the policy of liberal criminal justice towards juveniles was unequivocally and clearly pursued. The article discusses the Juvenile Justice Code as one of the most prominent legislative acts of liberal politics. Also, the legislation of different countries (both Continental European Law and Anglo-American Law Countries) is presented and analyzed for the purposes of this article. The article also discusses the ruling of a number of European courts. Finally, the positive and negative consequences of pursuing a repressive / liberal criminal policy on juvenile justice are analyzed, and recommendations and remarks are issued, which will make the juvenile justice process more complete.
26 Cryptocurrency-Related Cybercrime Types and Threats, Irakli Nadareishvili, Shota Kakulia
This article emphasizes the types and threats of cybercrime related to cryptocurrencies. The necessity of implementing legislative regulations and invention of administrative control mechanisms in connection with the growth of the digital economy is also discussed. The presented article also elucidates features of cyber-cartels and their new instruments, such as “Auction Robots”, for committing illicit activities as the new type of the organized crime in a digital world. This work also focuses on describing certain categories of cybercrime, such as cryptojacking, which is a scheme to use people’s devices (computers, smartphones, tablets and etc.), without their consent or knowledge, to secretly mine cryptocurrency on the victim’s dime. To analyze the growth in demand, this work highlights the index of the whole capitalization and the exchange rates of the cryptocurrencies. Article also underlines the threat of the element of anonymity related to cryptocurrencies as the main instrument for criminals to either disguise terrorism financing or evade paying taxes. Some valuable examples of amendments developed and introduced by the US and Great Britain legislations to regulate crypto market and control tax evasion are also cited.
The present article deals with marriage, as one of the important institutions of family law. With the development of mankind marital relationship have also changed significantly. The article discusses legal nature of marriage and related legal regulations. The article discusses the legal nature of marriage and related regulated to it. Marriage has a centruries-old history and it takes its origin from the birth of mankind. Today the study of the institution of marriage is driven by the needs of society. This instutation can be considered as a livind organism, that requires development and growth. At various stages, the norms of family law have lost their force in modern times. An increase in the needs of society leads to a change in a legal relationship that directly regulates a person’s right to be a member of perfect society. Therefore, marriage is a complex phenomenon built on social relations, which includes legal stages; registration of marriage, rights and obligation of spousec during the marriage, divorce, it can be bodly said, that it is one of the inportant institutions of family law. In this article we try to present the importance of marriage registration and discuss the legal consequences associated with it. It’s fact, that the institution of family law is very broad. Currently our area of interest is legal registration, for which we will analyze the existing legal framework. We will review the court decision and share the practice of foreign countries on this issue.
28 The Importance of Contact Information in a Loan Relationship, Natia Rekhviashvili
The Civil Code of Georgia offers norms regulating credit relations. In Georgia, the loan relationship is actively used in the relationship between the customer and the credit organization. Many disorders occur in this process of this relationship. However, the loan relationship is characterized by many features, so it is important to correctly define what ethical obligations any credit organization may have to the consumer and how it should be regulated at the legislative level. While talking about ethical obligations, we should first of all consider the „Code of Ethics for Credit Removal by Financial Institutions”approved by the President of the National Bank of Georgia N 14/04, which is the latest legislative change in the norms governing credit relations. One of the most important components of a loan relationship is the proper use of contact information by financial institutions. Failure to use this information in practice could result in significant harm to the borrower. This article will discuss the most recent legislative changes in the regulatory norms of the loan relationship and it will discuss in detail what problem can be solved by the use of correct methods of communication by financial institutions. However, the importance of correctly identifying contact information in a loan relationship is considered as a problem and ways to solve it will be suggested.
Arbitration is the most common form of dispute resolution in international transactions and commercial relations. The reason for its success is attributed to a number of advantages that arbitration has over court proceedings. There is no lex fori in international arbitration, it can be said that all laws are foreign. Because the principle of autonomy of the parties gives the parties the freedom – regardless of where the arbitration takes place – to decide which law to apply, a wide range of different laws apply to international arbitration proceedings. In international arbitration, in the context of competition between the laws of different countries, the arbitrators are faced with the choice of the law to be applied. They often have to apply law that is foreign to professional qualifications and common practice. The arbitrator may have difficulty ascertaining a substantive law as this law may be unfamiliar to her/him. Naturally the question arises, the task of determining the law to be applied rests entirely with the parties in accordance with the traditional approach of common law, if the arbitral tribunal is empowered to determine the content and resolve the dispute, as the court does in civil law.
In order to adequately protect property rights, it is necessary to apply the principles of legality in practice, namely: the documents submitted for registration, should be thoroughly checked, it should be determined whether technical errors are allowed, because the evidence in the case Substantial errors: in the part of the address, street name, owner name and surname, which was naturally the basis for the public registry not to carry out registration on the basis of a document with such significant errors. More responsibility should be placed on the registrar and the public registry in the registration process (as is the case in Germany and France), the degree of his responsibility should be enhanced, and judges in the Chamber of Administrative Cases should take the same position To assist plaintiffs in transforming a claim for damages (based on the principle of the Inquisition).
31 Purpose and Peculiarities of the Palermo Convention in the Context of Georgia, Ekaterine Laghidze
Transnational organized crime and the fight against it is a significant challenge for our country. Palermo Convention The same United Nations Convention against Transnational Organized Crime was adopted by the UN General Assembly on 15 November 2000 with the aim of promoting cooperation in the fight against transnational organized crime. The article examines in depth Article 5 of the Palermo Convention, which calls on member states to directly criminalize participation in organized crime groups. In accordance with this requirement, a number of important changes have been made in the Georgian legislative space. These include the Criminal Code of Georgia, the Law of Georgia on Organized Crime and Racketeering, as well as the Criminal Procedure Code, the Civil Procedure Code of Georgia and other legal acts. The article discusses and evaluates the results of the work of each of the above legal documents, both on a theoretical and practical level. The National Strategy for Combating Organized Crime of Georgia has been evaluated and discussed. Judicial practice has also been studied, which ultimately allows for important conclusions to be drawn. At the end of the paper we will talk about the challenges of Georgia in terms of combating organized crime, the main directions, problems and shortcomings in the fight against organized crime.
32 The Legal Treatment Problem of French and Georgian Nationals Who Joined the Islamic in Iraq and/or Syria, Sophie Joubert
With the weakening of the Islamic State, many French and Georgians who had joined the organization, were arrested by the Syrian Democratic Forces (SDF) in Syria and by the Iraqi authorities. These people have been placed either in detention in Iraq or in camps in Syria with catastrophic health and security conditions. Even if France and Georgia are unambiguously reluctant to repatriate their nationals who have joined Daesh in order to try them on their territory, it is appropriate to ask whether this policy is consistent with international law. This article aims to provide a legal response to the political and security issues surrounding the repatriation and trial of French and Georgian nationals who have joined Daesh. Firstly, the legal dilemma of the trial of adults who joined Daesh will be studied in the light of international law and the domestic law of Iraq, France and Georgia, including the thorny issue of the application of the death penalty in Iraq and the recognition of crimes against humanity. Secondly, the legal possibility of repatriation of French and Georgian minors interned in camps in northern Syria will be analyzed.
33 The Margin of Moral Duty of Human Being to Participate in Biomedical Research, Nino Mdinaradze
The existing paradigm of biomedical research ethics, based on respecting the free and informed consent of the research participant, originates from the famous Nuremberg Trial (1947), where the Nazi doctors were convicted of killing and torturing prisoners using medical experiments in German Concentration Camps during World War II. Since the second half of the 20th century, several international instruments have been developed to protect the rights of persons involved in research, considering the voluntariness of participation. Nevertheless, scientific community started to discuss the moral basis of mandatory human participation in biomedical research. Even today, some scholars argue that biomedical research creates public goods in the form of health, safety, and knowledge enjoyed almost by all members of society. The moral duty to participate in research is due to the need for public participation in producing public goods. Others suggest that human beings have a moral obligation to take some risks to help others. So, the moral duty to participate in biomedical research relies on the principles of justice, beneficence, etc. Considering the importance of this issue for research ethics, this article discusses the doctrines and theories, including public goods, free-riding, and beneficence, to set the margin of the moral duty of human beings to participate in biomedical research.
34 Comparative legal analysis of the European and American standard of freedom of expression – which is more effective and result-oriented?, Kalenike Uridia
Freedom of expression is critical for a state with democratic principles. A democratic society cannot exist in the absence of freedom of expression. A high quality of freedom of speech, sanctioned by statute and executed, is required for a person to voice his critical view about current events in the country without interference from the authorities. The purpose of this study is to focus on freedom of expression as one of the most important democratic values in the world. The paper discusses and analyzes the European Court of Human Rights practice in relation to freedom of expression. It is well known that the European Court of Human Rights grants signatory nations broad discretion in determining the level of interference with freedom of speech. The paper critically assessing the component of broad discretion that it grants to the Conventions signatory states. Parallel to the analysis, precedent law from the United States of America and the American model of freedom of expression are explored, which are also critically evaluated. Parallel to the consideration of the two most essential standards, emphasis is placed on the Georgian model of free expression, which indicates the works worth. Following the adoption of the American model of free speech at the legislative level in Georgia, the evaluation, analysis, and dissemination of full information to the public will be of the highest relevance and value. Finally, after the debate and analysis generated throughout the work, the essential discoveries are stated, and the authors viewpoint is stated.
35 Regulations of the Agricultural Cooperatives in Georgia, Mariam Darchia
Agricultural cooperatives have a huge history in Georgia. Roots of cooperation in Georgia date back as early as the 19th century. Although, legal regulations of the agricultural cooperatives in Georgia appeared only in 2013 when the Georgian Law on Agricultural Cooperatives was created and entered into force on the 12 of July. Before the specific provisions for the agricultural cooperatives, the regulation on different types of cooperatives existed in the law on Entrepreneurs, however, provisions were general and at the same time scarce. Due to EU approximation, the Georgian Law on Entrepreneurs was changed and the new version entered into force on 1st January of 2022. Consequently, the part of the cooperatives was rewritten, hence Law on Agricultural Cooperatives needs further amendments. In this article, the impact of the change of the law on Entrepreneurs on the regulations of the agricultural cooperatives will be provided regarding some aspects. A comparison with the regulations in the different European countries will be provided where needed. Analyzing the impact of existing changes and further possible changes will illustrate the existing situation of the Georgian regulation on agricultural cooperatives and the necessity of some amendments.
36 Peripeteia of Concession and Problems of Legal definition, Zaza Sukhishvili
Despite the interesting history of the concession, the existence of official and private legal international foundations and scientific works for the creation of concession legislation, in the legislation of Georgia, it was not possible to determine the academic definition of concession as a legal institution. The nature of the concession agreement was not understood and distinguished, that is, a concession is a transfer of the right, not the property, however, a concession agreement is the way of its realization, that triggers problems of practice regarding assignment to a certain legal sphere, legal regulation, court jurisdiction, selection of law, etc. As the "Foreign element" participates in international private legal relations, state and foreign investor appear as parties in concession relations. For them, favorable situation, protective legal regime and predictable environment are the main factors. Accordingly, the development of concession legislation is of essential importance for the economy of Georgia. In addition to the legal purpose, the concession has an important social function and should ensure the inclusion of the private sector in the economic life and development of the country. In order to refine the legislation, the areas of application should be studied, problems, peculiarities, realities should be identified and it should be calculated what results will be achieved if the relevant legal norms are implemented. Refinement of the concession legislation is directly related to the creation of an investment environment in Georgia. Attracting investments, investors guarantees and efficient use of the countrys resources is a very urgent issue in terms of economic development, job creation and increase of state revenues.
37 Sediment (Alluvium) Deposited by a River as a Means of Acquiring Property Rights in Roman and Ancient Georgian Law, Ana Tsignadze
The article discusses sediment as one of the sources of acquisition of property rights in Roman and ancient Georgian law. Even Roman jurists drew attention to the fact that the flow of the river sometimes led to an increase or decrease in land plots adjacent to the channel. The article examines the rules related to sediment in Roman law and Georgian feudal law, based on the analysis of which the types of sediment were distinguished, in the form of insignificant increase of land over time. Attention is also focused on the scope of the right, which was extended to the land that arose on river’s bottom as a result of the drying of its bed. Research has shown that under Roman law, the rights of owners of land adjoining a river depended entirely on where the land was split, whether in the middle or closer to either bank, due to the fact that the river flooded the other side. Based on the comparative analysis of Roman law and ancient Georgian law, the fundamental difference between their approaches was highlighted. The national law shows more conservatism when regulating the legal relationship arising due to the change of the river bed, which is also emphasized in the article. Due to the scarcity of the legal base on sediment, in order to achieve the goal of the research, using the analogy of the law, the rules for obtaining ownership rights to minerals are discussed, since it is closest to sediment.
38 Impact of COVID-19 on Human Rights, Levan Meskhoradze
On March 11, 2020, the World Health Organization declared a coronavirus pandemic. The economy stopped, the lives of billions of people changed. As a result of pandemic, a number of constitutional rights have been restricted. Restrictions imposed during the state of emergency affected public life and threatened the implementation of international human rights instruments at the national level. Number of States declared state of emergency to tackle with pandemic. Herewith, a few states refrained from doing so. The foregoing article reviews the impact of COVID-19 on the rights and freedoms protected by the European Convention on Human Rights, relevant state practice of derogating from obligations under the Convention, statistical data and the supervisory role of the European Court of Human Rights (ECtHR) against abuse of the derogation mechanism.
39 Professor Guram Natchkebia as a Criminal Law Philosophy Problems Researcher (According to the Works Published in “Philosophical Investigations” Collection), Murman Gorgoshadze, Mirian Katamadze
This work covers the philosophical analysis of research of criminal law problems according to the works published in “Philosophical Quests” Collection of the Academy of Philosophic Sciences of Georgia by one of the modern prominent representatives of Georgian jurisprudence, Professor Guram Natchebia. Namely, it covers the philosophical problems of crime as deny of law, its concept-forming categories, deliberate crime as the idea and basis of value error and criminal relations, boundary categories of guilt and axiological aspects of law. Special attention is paid to attitude to criminal responsibility, as any concrete obligation, not person’s obligation, what allows foundation of positive responsibility idea; analysis of guilt and irresponsibility as the synonymic notions, presentation of the basic categories of general theory of law: “composition of act” and “illegality” and the social philosophy category of “guilt”; consideration of guilt as phenomenon on the boundary of psychic and normative and its boundary categories (responsibility with its positive and negative aspects; freedom; cause and effect; quantitative and qualitative; legal relations; moral; sense of responsibility; conscience); Taking of the categories of “illegality of action” and person’s “guilt” out of the descriptive consideration structure for foundation of the normative notion of guilt and their announcement as evaluative, axiological categories, as opposed to the category of “composition of act”, as a gnoseological category. It is demonstrated that Professor Guram Natchkebia’s works cover both general principles of philosophy of law and philosophic matters of the general categories of law. Contribution of Professor Guram Natchkebia to development of Georgian legal philosophy in general and namely, of the Georgian criminal law philosophy is assessed.
40 Criticism of the Judicial Decision due to the Limited Definition of Self-Defense, Tamar Gegelia
The article analyzes the case where, according to the factual circumstances, the person should have been acquitted of murder, but instead he was punished. self-defense is the human right to defend oneself from an aggressor. The basis of self-defense justification is the human right to life, the right to protect it from an aggressor. The article is a critical analysis of the judicial interpretation of the limits of self-defense. The article refers to the decisions of the Zugdidi District Court and the Supreme Court of Georgia regarding a specific case. According to the authors perception, both judgments present a narrow interpretation inconsistent with the essence of self-defense, and both instances came to different results due to different legal assessments of the facts. The author of the article lists the necessary criteria for the justification of self-defense and analyzes how it should be interpreted, simultaneously criticizing its judicial interpretations. Judicial definitions, made case by case, do not serve to foresee the defining norm of self-defense, which undermines legal security. Every person has the right to defend himself against an aggressor, to use effective and proportionate means of self-defense, so as not to put himself at risk. A person has the right to know precisely when and what kind of force he can use against the aggressor. In the Georgian reality, this right is systematically violated, and analyzing a specific criminal case serves to identify this problem. According to the author, Georgian judicial practice misses the essence and purpose of the norm, which contributes to the discrediting of the right to self-defense, and everything only strengthens the aggressor.
41 Analysis of Procedural Problems in Cybercrime Investigations, Irakli Nadareishvili, Shota Kakulia
The approach used to investigate cybercrime in developed nations is examined in this article, along with the innovations that might be implemented in Georgia to ensure successful investigations. Detailing the procedures outlined under the Budapest Convention on Computer Crimes, attention is given to the procedural issues that crop up while gathering and presenting electronic evidence in criminal investigations. The conventions individual articles are examined, including those that deal with information requests, and a comparison between the conventions legal provisions and the standards incorporated into Georgian law is made. The article examines the practice of collaboration between developed country law enforcement bodies and Internet service providers. The absence of computer data classification in Georgian law is highlighted, which results in the existence of a single, all-encompassing rule for all forms of electronic information. The paper also covers court rulings on the admissibility of electronic evidence and offers advice on whether it would be wise to clarify or improve the criminal procedure laws. The article explains the need for varied time limits and tactics for getting and maintaining information from internet service providers based on the classification of cybercrimes into distinct crime categories, such as serious, particularly serious, and crimes against national security.
42 Signing a Smart Contract, Salome Tezelashvili
When we talk about blockchain and smart contracts, it is necessary to consider the parties participating in them, their rights and obligations, as well as the prerequisites for concluding a smart contract, namely, offer and acceptance. We also have to understand how it is used in different fields of law. As we are aware, blockchain is considered as the fourth generation industrial revolution. Its creation is related to a person named Sabo, it is still unknown who he was – it means that we do not have exact information, whether it was one person who created blockchain – part of the fourth industrial revolution or a group of people. At the same time, lets define the meaning of the contract in general, we can formulate the definition of the agreement (contract) as follows, the agreement (contract) is a deal concluded by two parties, which must have legal consequences, i.e. the parties participating in it have rights and obligations. It should also be noted, that thousands of years have passed since the first contracts were signed, however, the most significant change in the development of contracts occurred during the last century. The article will discuss all the issues and problems that are very important in relation to this topic. The role of offer and acceptance in blockchain and smart contracts and how it differs from the usual standard contract will be described, we will also talk about the parties of the smart contract and how we can use it in different fields of law.
43 The Dead Sea Scrolls Case: Features of Intellectual Property Disputes in Private International Law, Tamar Mskhvilidze
The case is known around the world as a drama steeped in mystery, international intrigue, professional jealousy, political tension and conspiracy, which raised the issue of copyright in biblical manuscripts. This legal saga has sparked debate not only in the academic community studying the scrolls, but also among copyright lawyers around the world. The decision of the Supreme Court raises a fundamental question about the choice made of the rule of private international law in the context of copyright and moral rights. The issues to be discussed essentially related to academic freedom, access to unpublished sources, exchange of knowledge and information before publication, possibility of free use of material after publication. More than 2,000 years after it was written and half a century after its discovery, one of the Dead Sea Scrolls finally has a "legitimate" author, according to an Israeli court.
44 The Problem of Using Imprisonment to Secure Bail in Criminal Proceedings, Dodo Jugheli
There is a provision in the criminal procedural legislation that creates a danger of covert violation of the basic human right – freedom. This threat arises at the first presentation session against the detained accused, when the court assigns the accused another, lighter, restraining measure instead of imprisonment. Despite the courts decision, the defendant is not immediately released from the courtroom. According to the Code of Criminal Procedure, at this time there is the use of imprisonment for the purpose of providing bail, i.e. "custodial bail". The courts decision to release the person on bail is enforced later, after the provision of the law has been fulfilled. In particular, the arrested accused is obliged to pay a certain amount of money as bail, in order to enforce the decision against him. As a result, the determining factor for the accuseds release is not the court decision, but his solvency. In case of non-payment of the amount, he remains in prison, which leads to an unjustified violation of the presumption of freedom. Making a decision on release by the court is of a formal nature, thus creating a practice of low protection of human freedom, incompatible with international standards. As a result of such an approach, the accused on bail is unjustifiably kept in prolonged detention and, moreover, he is deprived of the opportunity to appeal the said treatment.
45 Judicial review of arbitral award: a policy review on delimitation of patent illegality in india, Amit Kumar Kashyap, Kanya Saluja
In the legal interpretation of the grounds for setting aside arbitral awards, the ambiguity in the recourse against an arbitral award is an issue of genuine concern and relevance. The various amendments and judicial precedents made under Section 34 in the Arbitration and Conciliation Act 1996 have provided a near end to the definition of Public Policy. However, it is still an area that requires various changes to make the practice of setting aside Arbitral awards an exception rather than a regular exercise. One of the reasons for annulling or refusing to implement an arbitral judgment is “patent illegality,” which has generated intense debate among practitioners both in India and abroad. This research article discusses the nuances in highlighting the flaws and loopholes contributing to the execution and non-execution of arbitral awards. This research article discusses the jurisprudence and various precedents in the context of Patent Illegality under the Public Policy of India and how the Supreme Court of India, in multiple instances, contradicted its judgements and provided a vagueness in interpreting the setting aside of Arbitral Award in different scenarios.
46 A scrutiny of the demand deposit (current account) through the lenses of law and Islamic jurisprudence, Mejd Aures Benlala
Demand deposits (current accounts) are crucial to banks activity, particularly with regards to granting loans. For commercial banks, the primary source of funds is bank deposits. This article attempts to analyze and discuss the legal nature of the demand deposit contract, with a particular focus on the widely agreed upon characterization of this contract as a loan contract in all today’s legal systems (Common law, Civil law, Islamic law and hybrid legal systems). After discussing the arguments and building blocks of the loan theory and examining the essence of both contracts through the lenses of economics, law and Islamic jurisprudence, this paper concludes that the demand deposit contract cannot be considered a loan contract, with supporting arguments from economic, legal and Islamic jurisprudential perspectives.
47 A critical analysis of personal data protection bill 2018 with reference to data protection and the right to privacy in India, Sharad Kumar Pandey, Pradeep Kumar
The purpose of writing this research is to find an analysis of the Data Protection bill with reference to the parameters of data protection and the right to privacy attached to it. The bill contains lot many aspects of creating privacy standards and the legislation related to data protection is much needed for an hour. Aim: The aim of the study specifically covers the aspects of digital data and its protection related to it. The study covers aspects related to bill wherein the individual data protection considers to be an important part that creates trust between the person and entity/organization handling data. Methodology: This study is based on a doctrinal approach and analyzes the recent bill and existing laws for the data protection bill. The study specifically represents the recent bill of data protection and existing laws related to data protection and how the statistics show that there is an increase in digital transactions required to share data. Outcome: The outcome of this paper suggests that the data protection bill incorporates various in the form policies and mechanisms to drive out the personal and individual protection of data. The graphical representation in this study shows that there is a rapid change in technology wherein digitalization is required to keep the legislation related to data protection. Across the world, there are many countries that have a comprehensive regulatory framework wherein the expert committee was set under the Chairmanship of Justice B N Srikrishna to examine to requirements and issues of data protection and its probable solutions.
48 American federalism – the problem of the distribution of powers between the federation and the individual states, Kalenike Uridia
There are more than 200 sovereign states on the globe, and they all have unique characteristics. On the globe, no two states are the same. The idea of territoriality, which divides states into federal and unitary states, is one of the most significant characteristics that set them apart. One of the most powerful nations in the world, the United States of America continues to work hard to protect all that is important to its citizens while maintaining strong democratic principles. American history includes the creation of a federal system. Due to these factors, America is fascinating and challenging to comprehend and evaluate. The link between the core and the periphery is quite unclear. This article’s goal is to argue these ambiguous policies by bringing them to light. The federal and state powers are specifically listed in the United States Constitution. However, certain ambiguities make it hard to determine where the boundary between federal and state authorities resides. The topic of discussion in this essay is this troubling predicament. In the framework of the paper’s theme, the Supreme Court of America’s expertise, and its authority in the process of the separation of powers will be examined. Here, it should be highlighted that everything is up to interpretation, which will rely on the Supreme Court judge. A conclusion will be offered based on the work’s argument, outlining the author’s perspective.
49 Typological characteristic of representation, Irakli Leonidze, Mariam Rubashvili
One of the forms of realization of the principle of private autonomy in civil law is fiduciary relations. In general, in contemporary law, the institution of representation is the basic cornerstone upon which many legal relationships are built. The importance of the institution increases one or two times in private law, when a person or an organization that, due to the various reasons in legal relations, is unable to represent its interests, starts to act and conduct legal actions through a representative. There are many reasons, however, the legislative is one, about which there are still some question marks, how comprehensive the Georgian legislation provides for the institution of representation, and what is the basic legislative framework, can be used to distinguish between forms of representation. For the development of the doctrine of private law, it is of great importance to bring to the fore the relevance and importance of the institution of representation. And for this, it is appropriate to conduct a study of the theoretical issues of the institute - the way from its historical beginnings to modern times. The typological characterization of the issue allows identifying problems on such important issues as the function of representation, its essence, its specific features, and signs, and how harmoniously the Georgian legislative framework is compatible with the standards established at the international level. And for this, it is appropriate to conduct a study of the theoretical issues of the institute - the way from its historical beginnings to modern times. The typological characterization of the issue allows identifying problems on such important issues as the function of representation, its essence, its specific features, and signs, and how harmoniously the Georgian legislative framework is compatible with the standards established at the international level. And for this, it is appropriate to conduct a study of the theoretical issues of the institute - the way from its historical beginnings to modern times. The typological characterization of the issue allows identifying problems on such important issues as the function of representation, its essence, its specific features, and signs, and how harmoniously the Georgian legislative framework is compatible with the standards established at the international level.
50 Some features of the development of Georgian private law from the 90s to the present day, Mikheil Bichia
The presented article is dedicated to the trends of development of Georgian private law from the 90s to our days. In the scientific work are considered several essential legal reforms in the direction of both general private law and special branches of private law (labor law, corporate law). Accordingly, the article explores the grounds for legislative changes, their negative and positive sides. The purpose of the research is, first of all, to determine what are the features of common law and the law of continental Europe, then to determine which of them were reflected in the legislative changes implemented in Georgian private law, and with what specificity. Accordingly, the article analyzes the tendencies of private law development in Georgia with regard to legal reforms. The research confirms that most of the legislative changes served as a departure from Soviet rules, which was considered as a difficult task. At the same time, the reforms were aimed at bringing them closer to European standards and improving national legislation, although it became clear that the implementation of separate changes was based on the influence of American law too.
51 Criminalization of defensive violence in response to intimate partner’s aggression. bad law or vicious criminal practice?, Tamar Gegelia
This article discusses self-defense in the context of domestic violence. In Georgian reality, the boundaries of self-defense are generally narrowly defined; however, when self-defensive violence occurs in the family when the aggressor is an intimate partner and the defender is a woman, the accused faces even more barriers to justice, which is determined by gender stereotypes and traditional views on domestic violence. There is a difficult situation regarding femicide in Georgia; in 2021, 22 women were killed just because they were women. Women are killed by their intimate partners, and the antecedents of the murder are similar. Women turn to the police for protection from violence, but to no avail. In such a horrifying reality, where the state, whose obligation it is, does not protect a woman from a violent partner, limiting the right to self-defense is another violation of the state’s obligation to protect life and physical integrity. A correct and bold interpretation of the right to self-defense by the court is necessary to weaken the aggressor on the one hand and to strengthen the defender on the other hand. In the Georgian reality, by trivializing domestic violence and leaving it in the personal space, more barriers are created for women to reach justice by being obliged to endure the aggression of a tyrant husband/partner. In the article, the author tries to show by observing a judicial practice that artificial barriers limit the right to defend oneself against the aggression of an intimate partner; a woman is punished for injuring the aggressor, while the law should justify her. Single acquittals cannot change systemic injustice, but the author’s goal is to show and analyze such significant decisions so that more people can learn about correct judicial interpretations. According to the author, discrimination based on gender is characteristic of Georgian justice; by identifying problems and critically analyzing court decisions, she tries to show the ways of legal regulation of the problem.
52 The sufficiency of evidence to convict the person for committing a crime of intolerance based on discriminatory grounds and its importance in determining the sentence, Nati Gelovani
All human beings are born free and equal in dignity and rights. The fight against discrimination is recognized by the Constitution of Georgia – “All persons are equal before the law”, any kind of discrimination is not allowed. This is emphasized in the principles and norms specified in international conventions and declarations. The obligation to study the discriminatory motive within the framework of the full, comprehensive and objective investigation stipulated by the procedural legis- lation rests with the law enforcement officers, and the court is obliged to administer justice, to make a summary decision based on the evidence. In addition, it must be substantiated. According to the legislation of Georgia, to convict a person is necessary to have a set of evidences that would convince an objective person of the person’s guilt. In the case of a crime motivated by hate, it is additionally necessary to have such indicators – evidence, which is necessary to confirm the existence of the motive. National law, which is in full compliance with international law, requires that the summary judgment passed by the court and the type and extent of the sentence applied must be justified. The court’s verdict should give any person the opportu- nity to get information on what evidence and why the court made this particular decision. In this paper are discussed the indicators of crimes committed with the motive of intolerance based on discrimination and the types of evidence to be obtained based on them, as well as the decisions of the national court and the standards of substantiation of these decisions are studied – on what evidence is the summary decision made and to what extent does the motive of hatred influence the type and size of the relative punishment.
53 Age – as the basis of minimum age of criminal responsibility (analysis of international and national legislation), Salome Guliashvili
The topic of the scientific work is relevant both in international and national legislation. The minimum age of criminal liability is the limit from which the state begins to implement its repressive measures against minors. Therefore, it is important to regulate the minimum age in such a way that it is in harmony with the bio-psycho-social condition of the minor and to achieve the goals of criminal law, in terms of analyzing the committed crime, and at the same time, the main goal of punishment in juvenile justice, such as resocialization-rehabilitation, is achievable. The article analyzes from which age the actions committed in the person of a person are analyzed, which should be directly related to the establishment of the minimum age limit. In addition, international approaches are compared with national legislation. It is worth noting that in the reality of Georgia, such an important institution as referral has been implemented, which does not leave minors under the minimum age, who have committed deviant actions, unresponsive. In the paper, the issues determining the criminal liability of a minor are discussed logically, after which the national legislation and international approaches are discussed. It is shown how important it is to correctly perceive/analyze the mentioned issue for the development of juvenile justice, and as a conclu- sion, the conformity of national approaches with internationally recognized best practice is shown, especially with the existence of such an important institution as – referral, thus, on the one hand, the state does not leave devi- ant cases without a response. The behavior, on the other hand, is prevented in the future by resocialization-rehabilitation of the minor.
54 Restriction of the freedom of will of individuals by moral norms, Giorgi Kveliashvili
Moral norms date back centuries. In a specific time and space, morality took a higher place than codified legal norms. The devel- opment of law has led to the fact that today codified acts have a predominant place in legal proceedings, although due to the im- portant place of moral rules in society, the legislator did not deny its importance in the Civil Code of Georgia. On the one hand, taking into account the role of morality in so- ciety and reinforcing its importance with the Civil Code is a posi- tive fact, however, on the other hand, it is important to assess how correct it is to reinforce it in its current form, as well as how much power it gives the court in order to limit the fate of transactions con- cluded within the autonomy of the will of individuals. While the consideration of moral rules should respond to the demands of society, its abstract and unclear content creates the possibility of excessively restricting the freedom of individuals when concluding a contract with the norms of morality unknown to a person. By discussing the selected issue, it becomes possible to analyze and evaluate the challenges and problems in Georgian litigation. The question to be discussed is: is the strengthening of morality a positive factor, or it can negatively affect the fate of the deals made by the autonomy of the will of individuals and limit their freedom.
55 A person authorized to manage and represent a debtor community in the regime of rehabilitation, Meri Ketiladze
The rights and duties of the director in entrepreneurial activities are regulated by both the 1994 and 2021 editions of the Law of Georgia “On Entrepreneurs”. The powers assigned to him/her include leadership and representation of the entrepreneurial company. The legal relations of the director often goes beyond the scope of corporate law. Accordingly, the rights and duties established by other fields of law apply to him. One of them is the law of insolvency, which provides for the director’s involvement in such a regime as the rehabilitation regime. In the paper, the role of the director is considered within the framework of the regulation of the law of insolvency, the rehabilitation regime, which is regulated by the law of insolvency. In addition to reacting to the imperatively determined action, the law obliges the director to assess the evaluable and foreseeable circumstances and to take appropriate action on it. The topic is relevant and interesting, because in addition to the civil liability towards the director, criminal liability may also be considered. In order to properly discuss the topic provided by the article, the laws on Insolvency Procedings and on Rehabilitation and Collective Satisfaction of Creditors are compared with each other. Decisions/rulings of the general courts of Georgia have been used in the paper in order to clarify the position of the court regarding the issue. And, in certain cases, the legal norms of different countries and foreign language literature are cited in the article for the purpose of making a comparison.