Law and World (E-Journal) / სამართალი და მსოფლიო
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ფსიქიკური ჯანმრთელობა და მასთან დაკავშირებული რამდენიმე პრობლემური საკითხის სამართლებრივი მიმოხილვა
Get PDFThe research problem of this article will address the specific issues related to mental health in a legal context. The aim of the research is to outline established practices and show us the situation in this regard. To achieve this goal, legal norms are reviewed, both internationally and domestically. Also, cases from court and reports of the Public Defender of Georgia. Research has shown that protecting the right to health is problematic. In particular, mental health services are less accessible and comprehensive. Although the legal framework imposes certain requirements, in practice there are breaches that lead to human rights violations. In particular, the current research revealed violations of the right to life and health. As well as facts of torture and inhuman treatment, both nationally and internationally. This article concludes by suggesting ways to address the problem, such as accessing additional funding for health services, with more controlled monitoring that will tightly control the enforcement of legal requirements. Based on the principle of the welfare state, the state should provide services that do not put people in a psychosocial need in a worse position. Finally, it should be noted that as a result of the research, specific issues related to mental health were identified, which were reviewed in a legal context. The practices that exist in the international and national levels were highlighted
International Cooperation, One of the Mechanisms of Ascertaining the Foreign Law in Private International Law
Get PDFNow, when intensive economic relations are being formed between nationals, the issue to apply foreign law rules become more active. Judges and lawyers may not be acknowledged with the essence of resolution of some conflicts of law cases. The need of international cooperation in the civil matters has long been fully recognized and the problem of proper organization and regulation of judicial assistance has been several times the object of international agreements, both bipartite and multipartite. This article will undertake to consider the present framework of determining foreign law content in relation to international assistance. Some writers have said that international cooperation is, indeed, an international duty imposed by the law of nations to aid in the administration of justice. Others take issue with this characterization and regard international assistance as comity among nations rather than the law of nations. Whether the basis for international cooperation rests on a quest for universality of justice or simply on the need for some convenient and practical method for reducing chaos, most civilized countries do not hesitate giving aid on request by foreign
კონსულტაციები ნატოში და მისი სამართლებრივი ასპექტები
No full textThe main goal of this paper is to outline the importance of Article 4 in the daily work of the North Atlantic Treaty Association. The paper answer the questions such as: in what cases are consultations called? Who can apply for consultations in NATO? What role does consultation play in the organization"s decision-making? What kind of consultations can hold in the organization? A broad definition of consultation in the paper demonstrates its importance and effectiveness in the work of an organization. At the same time, practical examples indicate that it is very effective, and based on it, the Member States can make the best decisions. This allows the Member States not only to respond to threats of territorial integrity, political independence and security but also to have a preventive nature. The paper also includes the definition of bases of consultations that may threaten: that"s are territorial integrity, political independence or security. Accordingly, the political and legal meanings of these terms are widely defined. Finally, the paper provides a clear legal definition of Article 4 of the founding Treaty of the North Atlantic Treaty Organization, which will enable the interested party to comprehend the conditions of this paper.სტატიის მიზანია, წარმოაჩინოს ჩრდილო ატლანტიკური ხელშეკრულების ორგანიზაციის სადამფუძნებლო ხელშეკრულების მეოთხე მუხლის მნიშვნელობა ორგანიზაციის მუშაობაში. გასცეს პასუხი ისეთ კითხვებს, როგორებიცაა: რა შემთხვევაში მოიწვევა კონსულტაციები? ვის შეუძლია მიმართოს კონსულტაციებს ნატოში რა როლს თამაშობს კონსულტაციები ორგანიზაციის მიერ გადაწყვეტილების მიღებაში? რა სახის კონსულტაციები შეიძლება გაიმართოს ორგანიზაციაში? ნაშრომში კონსულტაციების ფართო განმარტება წარმოაჩენს მის მნიშვნელობას და ეფექტიანობას ორგანიზაციის მუშაობაში. პრაქტიკული მაგალითების საშუალებითკონსულტაციების სარგებელი ნათელია. შესაბამისად, ისინი წევრ სახელმწიფოებს შესაძლებლობას აძლევს, მიიღონ საუკეთესო გადაწყვეტილება. უფრო მეტიც, მათ არა მარტო შეუძლიათ რეაგირება მოახდინონ ტერიტორიული მთლიანობის,პოლიტიკური დამოუკიდებლობისა და უსაფრთხოებისთვის შექმნილ საფრთხეებზე, არამედ ეს რეაგირება პრევენციული ხასიათის იყოს.
სტატია ასევე შეეხება კონსულტაციების მოწვევის საფუძვლებს, რომელთაც შეიძლება საფრთხე შეექმნას. ესენია: ტერიტორიული მთლიანობა, პოლიტიკური დამოუკიდებლობა ან უსაფრთხოება. შესაბამისად, ფართოდ არის განმარტებული ამ ტერმინების პოლიტიკური და სამართლებრივი ცნებები. საბოლოოდ, სტატია ნათლად წარმოაჩენს ჩრდილო ატლანტიკურიხელშეკრულების ორგანიზაციის სადამფუძნებლო ხელშეკრულების მეოთხე მუხლის ზუსტ სამართლებრივ განმარტებას, რაც საშუალებას მისცემს ამ სფეროთი დაინტერესებულ პირებს, მაქსიმალურად აღიქვან აღნიშნული მუხლითგათვალისწინებული მოთხოვნები
ბინაზე მშობიარობის უფლების, როგორც რეპროდუქციული თვითგამორკვევის ფარგლები საქართველოს კანონმდებლობასა და ადამიანის უფლებათა ევროპული სასამართლოს პრაქტიკაში
No full textThis article discusses the scope of the right to give birth at home as reproductive self-de- termination in the context of Georgian law and the case-law of the European Court. Georgia, like many other member states of the Council of Europe, unconditionally prefers the model of hospital delivery to protect maternal and fetal life and health. It is true that under Georgian law, home birth is not prohibited as such, however except for emergencies, medical staff is authorized to provide medical care only in a licensed medical premise. That equates to a restriction of the right. Despite the legitimate interest in restricting the right to give birth at home, scientific studies have confirmed the similarity between the consequences of home birth and hospital delivery in the case of low-risk pregnancies. The blanket ban on the right to give birth at home became the object of debate in the European Court in 2010. The court explained that the right to respect for private life enshrined in the Convention includes not only a person’s decision to become or not to become a parent, but also the choice of conditions. According to the court, childbirth is a unique and delicate moment in a woman’s life, and the determination of the place of childbirth is fundamentally related to a woman’s personal life. The European Court has discussed the availability and foreseeability of national legislation in the context of restricting the right to give birth at home. The Court has ruled that national authorities must ensure the clarity (if any) of the responsibility for providing obstetric services at home. However, the Court has still left open the issue of the need to restrict the right to give birth at home on the grounds of a lack of consensus among the member states of the Council of Europe and the complex socio-economic aspects of the issue
სმარტ კონტრაქტების სამართლებრივი ბუნება
Get PDFThe 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
უცხოური სამართლებრივი ნორმები ფრანგულ მართლმსაჯულებაში: ძირითადი პრობლემები და გამოწვევები
Get PDFPrivate 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
სასამართლოს დამოუკიდებლობის მნიშვნელობა და მისი უზრუნველყოფა
No full textThe article deals with the standards of judicial independence, institutional and individual independence, their interrelationships, their role and importance for the existence of democracy and the rule of law, the article discusses the elements of individual independence of the judiciary, existing and expected external and internal threats to judicial independence. The article analyzes and outlines the courts, both external and internal forces, the dangers of impact, such as the legislative and executive branches of government, political parties, society, the press, the judiciary itself, and sets out standards for what both judicial and judicial independence standards must meet. The article also offers readers the ways to solve the problems that arise
Cyber Risk Mitigation in Higher Education
Get PDFThe importance of having robust cybersecurity risk mitigation techniques in this rapidly evolving technological world cannot be overstated. Educational organizations hold an immense amount of personal data, and in the event of a data breach, it can cause serious damage to the organization. Similar to other organizations, educational organization data breaches occur in many forms, such as unauthorized access, ransomware, malware, physical theft, financial theft, or merely unintended disclosure of information. When higher education becomes the target of a cyberattack, the damage goes beyond the loss of personal identifiable information (PII) of faculty, staff, or students. According to the U.S. Department of Homeland Security, the cyberattack damage for higher education can include reputational, financial, and even national security, as some higher education installations work on defense research projects. The ability to safely connect to educational systems is an essential component of a supportive and safe learning environment. Cyberattacks are a constant threat for higher education institutions, especially after the COVID-19 pandemic shut down university campuses worldwide, forcing students, faculty, and staff to move online. With higher education shifting its operations online, both academic and IT systems face difficult challenges. The higher education entities need to have proper risk mitigation techniques, including defense strategies and effective security policies to safeguard the educational environment from data breaches and targeted cyberattacks. This article provides an overview of data breaches and risk mitigation techniques and strategies in higher education organizations
Grand Design: Legal Protection of Online Transportation in the Middle Covid-19
Get PDFThis research aims to determine the grand design of legal protection for online transportation drivers as well the momentum of government to provide legal empowerment both in terms accelerated decentralization and decentralized orientation for online transportation drivers amid the current COVID-19 pandemic situation. In this study, researchers used the narrative review method to build narratives and main ideas based on literature review extractions. The results of this study indicate that the government is obliged to attend through bestuurshandeling in the form at Peraturan Pemerintah Pengganti Undang-Undang (PERPU) this strategic step an effort to protect online transportation drivers as well as a form disruptive innovation solutions in accordance with principles and practices
The Scope of Involvement in Management as a Prerequisite for Input Vat Deduction Related to Transactions in Shares and Possible Incompatibility With Abuse of Law Principle
Get PDFThis article analyzes the concept of “direct and indirect involvement of holding companies in the management of subsidiaries”, in the light of principle of abuse of the law, practical problems related to the delineation of actual intention of involvement and difficulties arising in determining proportion to what extent a taxable person is entitled to deduct input VAT. Its conclusions are of relevance to EU Member States and countries who have implemented, or are looking to implement, the VAT system established by “Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax” as part of their national tax regime. Because of conceptual and practical difficulties emerging in the process of VAT application to dealings in shares, the role of CJEU is significant, however in some cases, it has arguably contributed to increase in ambiguity. All in all, according to the CJEU the involvement concept and its current practice does not collide with existing abuse of law principle, which puts taxpayers in a far better position to defend their right to deduct. Furthermore, to guarantee the equity of proper function of the system and taxpayers rights, the CJEU acknowledges that tax authorities and policy makers are entitled to introduce measures which will comply with fundamental principles of VAT system