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 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.
18 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.
19 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.
20 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.
21 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.
22 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.