Law and World (E-Journal) / სამართალი და მსოფლიო
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შვილად აყვანის საიდუმლოების დაცვასთან დაკავშირებული პრობლემები სამოქალაქო სამართალში
Get PDFThe Institution of Adoption has ancient historical roots, its regulations have evolved and changed over the years. The process of Adoption, by its nature, is closely connected with the protection of the rights of children. In international agreements and treaties, it is evident that child should and must be raised up in a family, take into consideration their interests. Protection of child"s interests is as much important case for our country as well. In order to have a deep understanding of adoption process it is indispensable to determine what is adoption and its peculiarities, to separate it from neighboring institutions, determine legal statues of the subjects of legal relationship, learn in depth the problems related with the issues of confidentiality, procedural norms and the ways of adoption termination process. A number of changes have been adopted on the legislative level, the composition of norms has changes, court proceedings of adoption and rules of protecting confidentiality have been established. However, problem can still be seen, because of which adoption process often takes place through avoiding laws. It is necessary for the state to take the best interests of the child into account in practice as well. At the same time, the secrecy of adoption is protected by European standards within the framework of the right to respect for private life, so the general rules protecting the private sphere apply to it. In this regard, in addition to material and procedural norms, special importance is attached to international treaties and the sharing of European practices. This will help to prevent harsh violations of the rights and freedoms of children and will encourage effective protection of adopted individual"s rights
სამკვიდროს მიღებაზე თავის არიდების შემთხვევა მამკვიდრებლის კრედიტორთა არსებობის დროს
Get PDFThe 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
სასამართლოს მიერ უკუძალის გამოყენების პრობლემატური საკითხები
No full textIn most of the legal systems of the world, especially in Europe, speaking about the Principles of criminal law begins with the famous Latin expression: Nullum crimen sine lege. This Principle is often referred to as the Principle of Legality. This Principle requires that a person is held criminally liable under the governing law at the time of commission of the offence. One of the main requirements of this Principle is the prohibition of retroactive force in criminal law. Retroactive Force is a feature of law norms to apply to a case that had occurred before its enactment. The Principle of prohibition of Retroactive Force is a Principle of constitutional rank, which is not only a national but also a recognized international value. Paragraph "9" of Article 31 of the Constitution of Georgia stipulates that the law has no Retroactive Force if it does not mitigate or abolish liability. At the first glance, Article 3 of the Criminal Code of Georgia states in accordance with this: a criminal law norm that decriminalizes an act or reduces penalty, has retroactive force. A criminal law norm that criminalizes an act or increases punishment, has no retroactive force. As much as the requirement of the Constitution is quite broad and general in its nature, the wording of Article 3 of the Criminal Code of Georgia seems to narrow down the requirement of the Constitution. The paper discusses the compatibility of Article 3 of the Criminal Code with Article 31 of the Constitution of Georgia. The practice of the Constitutional Court is discussed and the author"s recommendations are presented
ნეონატიციდის ძველი ნარატივის გადახედვა ქართული სისხლის სამართლის რეფორმისთვის
No full textThe article critically discusses the special definition of infant homicide by the mother. Unlike traditional Georgian books, this essay analyzes the causes of neonaticide and its historical, cultural and socio-economic contexts, under the influence of which it has taken the form it has today. The traditional argument for the lenient punishment of neonaticide is the direct link between a woman"s psychosis and childbirth trauma, which is criti- cized in this article and supports a new understanding of neonaticide and ways to solve it, which is based on the findings of old and new research on neonaticide conducted in various countries (including Georgia). Therefore, the article supports the position that neonaticide (art. 112) should be abolished because it is sexist and consti- tutes an echo of patriarchal consciousness in law. The position is supported in the article, according to which the medicalization of neonaticide is assessed as a "legal concoction". The article focuses on the causes and contexts of neonaticide, which is important for a critical understand- ing of neonaticide and the development of Georgian criminal law in this regard. Thus, the article supports the view that neonaticide is discriminatory based on the gender and age of the child. The mitigation or complete exculpation should be based on an individual analysis of each case. This re- quires the application of the general provisions of diminished responsibility and insanity and the increase in the practice of examining them concerning neonaticide. Taking into account the analysis of the modern Georgian context, the article supports the change of the mentioned norm in parallel with the promotion and strengthening of the practical realization of women"s rights by the state
The Legal Aspects of Artificial Intelligence based on the EU Experience
Get PDFIn 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
შეერთებულ შტატებში საარჩევნო დავებზე სასამართლოს მიერ გადაწყვეტილების მიღების პროცესიერთი მოსამართლის გამოცდილება და დაკვირვება
No full textThe courts in the United States are called upon annually to determine partisan political disputes. The recent lawsuits on the 2020 presidential election in the US has gained significant attention. It is acknowledged that court decisions must be made in order to uphold the rule of law, regardless of the political affiliation of judges. Without any doubt, considering the sensitivity of the cases due to the political background, relevant approach is needed for judicial decisions to be made. Therefore, the process of decision making must encompass relevant observations and be based on the experiences of the judge, as well as, strong intuitive senses of case evaluation may be of crucial importance. This may lead to the need of specific recommendations in order to maintain relevant approach and standard
შინაური ბინადარი (კომპანიონი) ცხოველების სამართლებრივი სტატუსი, მათი უფლებები და მოქალაქეებთან თანაარსებობის ჰარმონიული გარემოს უზრუნველყოფა ქართული კანონმდებლობის მიხედვით
Get PDFThe 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
დაზარალებულის გარდაცვალების შემდეგ მისი პირადი უფლებების დაცვის პრობლემები სამოქალაქო სამართალში
Get PDFThe 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
დანაშაულობის გამომწვევი მიზეზების კრიმინოლოგიური ასპექტები
Get PDFIn 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
„რეალური“ ინდივიდუალური საკონსტიტუციო სარჩელის, როგორც დარღვეული უფლების აღდგენის ეფექტური მექანიზმის მნიშვნელობა საკონსტიტუციო სასამართლოს მართლმსაჯულებაში
No full textThe report is related to pointing out the advantages of full constitutional complaint and its peculiarities and characteristics. The model of full constitutional complaint contributes to the principle of responsible governance and relevant authorities. Among other advantages, full constitutional complaint is the important instrument that contributes to make courts’ best practices come together and share the experience. Establishing of the full constitutional complaint will contribute in order to increase human rights sensitivity and human rights approach in general courts system while discussing and deciding individual court cases. Besides, the full individual constitutional complaint mechanism will contribute to provoking interest towards Constitutional Court justice