Law and World (E-Journal) / სამართალი და მსოფლიო
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გაუპატიურების პარადიგმა: მოძალადე უცხო პირი vs მებრძოლი მსხვერპლი
No full textThe purpose of this article is to show the narrow boundaries and incompleteness of the Georgian legislation regarding rape, which fails to cover all the actions from which the protection of an individual"s negative sexual freedom is the responsibility of the state. The article aims to show the reader the advantages of the new approach in parallel with the critique of the old law regarding rape, which means expanding the scope of the definition of rape and hence criminalizing more actions. For this purpose, the importance of non-consent as the main element of the rape actus reus is discussed. The article also analyzes the importance of protecting the boundaries of rape so that the state does not unjustifiably restrict a person"s positive sexual freedom while protecting negative sexual autonomy. The purpose of this article is neither to criticize nor support any of the consent-based rape models ("no means no" or "only yes means yes" models), but rather to highlight the importance of consent to sex crimes and to emphasize the basic guideline for consent
სახელმწიფოს ვალდებულებები სქესობრივ დანაშაულებთან მიმართებით ადამიანის უფლებათა ევროპული სასამართლოს პრეცედენტული სამართლის მიხედვით
No full textDue to the special importance of the European Convention on Human Rights, the article discusses the judgments of the European Court of Human Rights regarding sexual offences, which establish violations of various rights protected under the Convention. In addition, it is mentioned in the article whether the practice of the national courts complies with the standards of the European Convention on Human Rights. The approaches of the ECtHR on this issue is very interesting, in particular, on the definition of the crime of rape, nonconsensual sexual intercourse and importance of protection of sexual autonomy. Furthermore, the judgments of the ECtHR related to the sexual offences are discussed, in particular violation of the right to respect for private life. As most of the violations in this category of cases are related to the Article 3 of the European Convention on Human Rights, therefore the case-law of the ECtHR in this regard, especially in terms of the definition of torture and the ineffective investigation is the important component of the present publication. The aim of this article is to demonstrate the main challenges existing in the Georgian criminal law and practice regarding the implementation of the European Convention on Human rights on national level
ზოგიერთი სახის სასჯელი ქართული ჩვეულებითი სამართლის მიხედვით (ზემო აჭარის მაგალითზე)
Get PDFGeorgian Customary law embraces many types of punishments. Among them the suffering and corporal punishments are commonly known, such as cutting, cursing, stoning, public humiliation , property or compositional punishments and etc. These are forms of punishment, which were widespread in almost all part of Georgia. Some of them were characteristic for separate region, for example, cutting was characteristic for Georgian law in Pshavi. It is undoubtedly proved with historic and ethnographic materials that in Adjara, as an administrative unit of Upper Kartli, punishments of Georgian customary law were used against to criminals. Especially before the period of Ottoman occupation, however, the norms of Georgian customary law used to continue existance even after the occupation in Adjara, but locally and under an influence of Islam. Finally, as a result of implemented law policy by the Russian governance customary law was completely exiled from active life and only occasionally was used in the public relations, mostly when an foreign law was incompatible with Georgian character or it was inaccessible for a lower social classes
საერთაშორისო შრომის სამართალი საერთაშორისო და კერძო სამართალთან მიმართებაში
No full textThe purpose of this article is to clarify the essence of international labor law (transnational labor law). This article presents and analyzes the relationship of international labor law with public international law and national labor law. The article also focuses on the possibility of considering it as a complex field. The article emphasizes the importance of introducing international labor law as a subject in higher education. The article quotes and discusses the opinions of various scholars regarding whether international labor law is a field of public law or private law, a sub-field of international law or private international law, etc. Subjects and sources of international labor law regulation were defined to determine the attitude towards a specific field of law. This article states that national labor law should be in line with the goals of the International Labor Organization to reduce social inequality, to regulate and protect labor and associated labor relations in accordance with international labor standards and universally recognized human rights. It has been suggested that while international labor law is a branch of public law, it is closely related to private law, in particular, to the national labor law. Other conclusions have been made in this article based on the research methods
კონსტიტუციით გათვალისწინებული ადამიანის ძირითადი უფლებებისა და პერსონალური მონაცემების დაცვის მნიშვნელობა (მექანიზმები) იძულებითი სააღსრულებო სამართალწარმოების განხორციელების პროცესში
Get PDFIn a modern juridical state, the presence of a flexible and effective executive system has special importance, as not only the juridical act’s smooth functioning but also the country’s economic development and population’s social state is in direct proportion to the effectiveness of the mentioned system. Executive law term is often defined in doctrine as a law of constraint, power, as “enforcement” itself means using force and involvement in a person"s rights (by executive party and/or 3rd party) such as ownership, freedom, inviolability of personal life, etc. Therefore, particular significance is given to protection of party interests and their basic rights during executive proceedings to avoid unallowable and disproportional involvement in human rights. Precisely the mentioned matters condition the topicality of the article. Besides this, in a world full of challenges and threats, it is most important to defend personal data in any process to avoid its usage for unnecessary aims. In the enforcement process, out of proceeding means personal data is certainly processed. As in any law field, in the executive law proportionality principle has the vastest load, so protection of this principle in the mentioned process is significant. In the article, faults connected to human rights protection mechanisms in doctrine and enforcement process, and authorial ways of resolving them are presented
მითები ასაკოვან ქალებზე და მსოფლიოს სტერეოტიპები
No full textGovernment should start thinking about Gender-responsive Works Programs. In order not to turn gender responses into lawmakers-illusionists’ one big bluff and a cascade of tricks, it is necessary for the country to have a gender-aware economists to support the forming, implementation and monitoring of gender responsive economic policies. Lack of work in formal sector is the first motivator for women to go in informal sector and fi nd job with poor wage and without the necessary conditions for health security. As we see the role of women in society by aging is minimized to caregivers. Society sees the little girls, adolescent girls and women as reproductive line - contributors of life and not as individuals who are mothers, workers, educators, mentors, managers, politicians and active participants of society. What is aging? How elder women can fi nd new opportunities and how than can use new opportunities in creative ways if society is stereotyping them as burden to family, as caregivers and as not valuable asset to country? What are these aspects on which should be built new system for elder women to raise their potential contribution? Idealistic people create a real society based on the concept of love and peace
The Course and Consequences of Justice Reform in Georgia
Get PDFJudicial reform in Georgia has been in progress since the 90s. Significant changes have been made within the reform since 2012, including numerous positive changes that have taken place, namely: • Concrete steps were taken to free the High Council of Justice from political influence; • The activities of the Council of Justice have become much more transparent; • The role of the self-government of judges has increased; • An electronic case distribution system has been implemented; • The electronic services in court have improved; • Statistics on administrative case decisions have improved; • Improved statistics on criminal case decisions; Nevertheless, there are still significant problems in the judiciary. These problems concern both the review of cases and the management of the judiciary in general. These problems include: • Independence and impartiality of the judiciary; • Transparency of court hearings; • Violation of the rule of witness interrogation; • Low public confidence in the judiciary; • Delayed cases; • Overloaded court system. In this paper, the author has reviewed the positive steps in detail, taken for judicial reform. The main shortcomings in the current judicial system have also been discussed in detail. In this paper, the author offers her own opinions in order to eliminate the existing problems. At the end, special attention is paid to the need of bringing the justice system and the education system closer
პანდემია და შეზღუდული ძირითადი უფლებები
No full textThe coronavirus crisis has covered the world and threatened the major benefits of humanity: life, health and democracy. In one of the statements, the UN Secretary General calls this crisis as the human crisis. Unlike the United Kingdom, in the course of the pandemic in Georgia, a list of effective measures and appropriate mechanisms were not created, through which the growth of unemployment in the country would have been minimized and the standard of protection of workers" rights would be raised. In the near future problematic issue in the form of labor disputes arising from the pandemic will stand to Georgia"s judiciary. According to this scientific work I will raise a new issue: are the judges able to evaluate to what extent the company, which fi red employee due to economic circumstances, had the opportunity to take alternative measures, adapting its bud- get to the current economic situation, to manage finances more efficiently, to avoid the financial crisis and the need to reduce the workforce. I suggest following: ● Judges should be trained in this area; ● An appropriate qualified team should be set up in court. However, the management of the pandemic, the protection of human life and health, in some periods led to the restriction of some of the basic rights guaranteed by the Constitution of Georgia and the European Convention. Which is the triad of fundamental rights that has been overshadowed by the pandemic? On what grounds can these rights be restricted? What does the consequential result of the restriction of a fundamental right mean? What is the difference between freedom of movement and freedom of assembly? What does the specific proviso of the law mean? Does the proviso set any priority from the hierarchy of normative acts of Georgia and namely the proviso: the interference should be carried out on the basis of law? In my opinion, the Constitutional Court of Georgia should take the responsibility of the key mission such as: introducing precise definitions and interpretations of fundamental rights for both lawyers and civil society. My scientific work suggests how the foregoing may be achieved. "Freedom is a conscious necessity”. - Georg Wilhelm Friedrich Hegel
Legal Aspects and Implications of Climate Change
Get PDFClimate Change is one of the major challenges humanity is facing. It can fundamentally impact our reality, lifestyle and could question our existence as well. Adequate legal regulations are needed to address these challenges. Without legislative changes and their implementation, it will be impossible to solve the issues that humanity is facing. The paper describes major causes that lead to climate change and answers to the questions related to the ongoing and future legal regulations
პრინციპი , როგორც საკანონმდებლო ხარვეზის დადგენის საშუალება
No full textThe paper presents the principle as a research issue as a basis for identifying a legislative gap. In terms of research methodology, the paper uses an inductive and deductive method that plays the lion"s role in shaping the final conclusion. Especially important is the legitimacy method, which broadly shows the importance of the principle in the development of law, for law and justice. The aim of the paper is to cover the issue with a new approach, in particular, the paper combines, on the one hand, a review of constitutional procedures for gaps in the legislation, analyzes of ways to correct gaps in the legislation, against which the principle can be considered The issue is covered by analyzing the importance of the norm-principle of juvenile justice – prioritizing the best interests and defining its role in identifying gaps in the legislation in juvenile justice. To illustrate this point, such a fundamental issue of juvenile justice as custodial bail and its relevance to the priority of best interests as a matter of principle is analyzed. The findings are based on a critical analysis of the functioning of the juvenile justice norm-principle with bail in conjunction with a discussion of the constitutional issues of detecting legislative gaps. The existence of the principle as the basis of any legislation is outlined and its mirror principle is shown, according to which it reflects the legislative gaps and shows the way to the harmonization of the legislation