Law and World (E-Journal) / სამართალი და მსოფლიო
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Pandemic: Legal and Social Response
Get PDFThe 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
საქართველოს ზოგადი ადმინისტრაციული კოდექსის და „პოლიციის შესახებ“ საქართველოს კანონის ზოგიერთ ნორმათა განმარტების პრობლემები
Get PDFThis 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
სამართალი და ეკონომიკა, ანუ Punctum Archimedis * გარემოს დაცვის სამართალში
No full textThis article examines the autonomous field of Law and Economics, indicates the importance of integrating the economical methodology in the process of comprehensively understanding the normative order and laments over the undesirable shortage of interdisciplinary education and academic dialogue regarding Law and Economics in Georgia. Moreover, this paper deliberates on the relevance of the Coase theorem for lawyers and policy-makers, displays the specific recommendations of its application in jurisprudence, including elucidating property rights, maximizing economic productivity and minimizing transaction costs. The following article discusses attempts and shortcomings to harmonize a decentralized market solution in environmental law and demonstrates regarding the example of the EU emission trading system that the method of Law and Economics can be used not only for a thorough analysis of the existing model but also as a pragmatic instrument for defining a normative program
Conflict of Interest Between Regulatory Agencies on Telecommunication Sector And Consequences of Improper Telecommunication Mast Installation in Nigeria
Get PDF 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
Creating a positive image of a police officer in the minds of children and adolescents in the united states
Get PDFThe article raises the question of the attitude of modern society (especially young people and adolescents) to law enforcement agencies; analyze research data on the relationship of American youth with police officers. First of all, the degree of trust in the police differs among young people of different groups depending on age, race (ethnicity), place of residence, education, the standard of living, political orientation; provides examples of positive cooperation between police officers and students in schools and colleges. Concluded that the formation of a positive image of a police officer in the minds of young people is impossible without establishing a relationship of trust between the police and young Americans
Notion of Direct Investment in Non-ICSID Investment Treaty Arbitration
Get PDFIn recent times, the importance of foreign investments becomes vital in the world’s economy. The mutual cooperation between developed and developing countries by signing the bilateral and multilateral treaties with its own dispute settlement mechanisms is growing significantly. Due to the fact mentioned above, the frame- work gives the possibilities for both - investors and host states to protect their rights in the international forum. The present research is related to the importance of the notion of “Investment” in International Investment Arbitration, its implications, and the current trends on the definition itself. This issue is very important, as it is a threshold jurisdictional question for the International Investment Tribunal’s jurisdiction. The paper discusses the Bilateral Investment Treaties, their legal nature, and the expediency of their conclusion. The issue of Notion of direct investment in bilateral investment treaties will also be detailed in the paper, moreover, there will be an overview of different types of BIT definitions on the example of different countries’ BIT practice. A very comprehensive discussion will be followed on the best practices established by the International Investment Tribunals regarding the definition of “investment”. In the end, the author will analyze whether or not there is a common/universal notion of investment in Investor-State disputes
Constitutionality of Disaster Management Act, 2005 on the Touchstone of Federalism During Covid-19 in India
Get PDFAs per 7th Schedule of Constitution of India, 1950 there is sub-division of three lists namely Union list, State list and Concurrent list, which gives a detailed insight of powers of law making with both Centre and State in our country. Due to this both Centre and State have their exclusive domain wherein they can exercise their law-making power. During this exercise of power, which has been so specifically demarcated, can there be dispute of any kind? Answer is yes, Centre has often encroached upon exclusive domain of State subject matters by passing laws on such subject(s). The prominent example of it is the exercise of power under the Disaster Management Act, 2005 which came to be invoked by Centre for issuing guidelines binding on States in light of prevention of global pandemic being COVID-19. Public health and sanitation are a specific field of legislation under Entry 6 of List II, implying that States have exclusive power to legislate upon matters wherein public health is an issue, however despite of that Central Government laid down an array of guidelines during the COVID-19 pandemic directing States to enforce those guidelines. In this article, the main focus will be regarding constitutionality of those guidelines issued by Centre and the interpretation laid down by the Judiciary in regards to similar incidents. Furthermore, the history of enactment of Disaster Management Act, 2005 and how the powers exercised under the guise of it, will be analyzed in order to arrive at a reasonable conclusion in relation to the present issue. Moreover, upon this premise of issuance of guidelines by Centre under the DMA Act, 2005, the Indian Federalism would be discussed upon the touchstone of judgements delivered by Hon’ble Supreme Court in said regard and by briefly comparing same with other federal jurisdictions such as United States. The entire Paper will be a blend of descriptive, historical, comparative and analytical approach
შპს-ის პარტნიორის სტატუსი და მისი მიღების ფორმები (შედარებითი სამართლებრივი ანალიზი)
No full textThe status of the LLC shareholder characterizes the legal status of the shareholder, its legal relationship with other shareholders, the LLC itself, management of the LLC, and third parties. Although the legal status of LLC shareholder (its rights and obligations) is prescribed under Georgian law, issues related to its definition are still relevant, as Georgian legislation is limited to general regulation only, and Georgian case law and legal literature are also characterized by the scarcity of consideration of shareholder status. The purpose of this article is to use comparative legal analysis to determine the essence of the status of the LLC shareholder, the grounds for its origin, and legal consequences. The article analyzes the concept of the status of the LLC shareholder, subjects of the status of the LLC shareholder, LLC share concept, the rights, and obligations connected to the status of the LLC shareholder, forms of receiving the status of the LLC shareholder and its period. Since the regulatory norms of Georgian LLC are the institute of logical synthesis created as a result of the reception of the norms of German law and the norms of US law, the article mainly provides a comparative analysis of the Georgian and German legal norms on the status of the LLC shareholder, as well as, to some extent, the US regulations. შპს-ის პარტნიორის სტატუსი ახასიათებს პარტნიორის სამართლებრივ მდგომარეობას, მის სამართლებრივ მიმართებას სხვა პარტნიორებთან, შპს-სთან, შპს-ის ხელმძღვანელობასთან და მესამე პირებთან. შპს-ის პარტნიორის სამართლებრივი მდგომარეობა (მისი უფლებები და მოვალეობები) მოწესრიგებულია საქართველოს კანონმდებლობით. მაგრამ მის განსაზღვრასთან დაკავშირებული საკითხები ჯერ კიდევ აქტუალურია, ვინაიდან კანონმდებლობა მხოლოდ ზოგადი რეგულირებით შემოიფარგლება. შპს-ის პარტნიორის სტატუსის განხილვის სიმწირით ხასიათდება ასევე სასამართლო პრაქტიკა და სამეცნიერო ლიტერატურა. სტატიის მიზანია შედარებითი სამართლებრივი ანალიზის გამოყენებით, განისაზღვროს შპს-ის პარტნიორის სტატუსის არსი, მისი წარმოშობის საფუძვლები და სამართლებრივი შედეგები. სტატიაში გაანალიზებულია შპს-ს პარტნიორის სტატუსის ცნება, შპს-ის პარტნიორობის სუბიექტები, შპს-ის წილის ცნება, პარტნიორის სტატუსთან დაკავშირებული უფლება-მოვალეობები, შპს-ის პარტნიორის სტატუსის მიღების ფორმები და შპს-ის პარტნიორობის პერიოდი. ქართული შპს-ის მომწესრიგებელი ნორმები გერმანული სამართლის ნორმების რეცეფციისა და ამერიკული სამართლის ნორმების გავლენის შედეგად შექმნილი ლოგიკური სინთეზის ინსტიტუტია. ამასთან დაკავშირებით წინამდებარე სტატიაში ძირითადად მოცემულია შპს-ის პარტნიორის სტატუსის ქართული და გერმანული სამართლის ნორმების და ასევე, გარკვეულწილად, აშშ-ის სამართლის ნორმების შედარებითი ანალიზი
მედიაცია ადმინისტრაციულ დავებში
No full textThe role of mediation as mechanism for the amicable settlement of disputes is growing in the modern legal sector. Mediation is an alternative dispute resolution mechanism in modern law, and the Committee of Ministers of the Council of Europe recommended to use it in administrative disputes in 2001*. Mediation as the alternative dispute resolution mechanism is actively applied in civil disputes in Georgian legal sector, although it has not gained popularity in administrative disputes. Overwhelmed courts with administrative disputes and delayed justice once again underscores the need for reform, which may consider development of a new program to establish new mechanisms in administrative disputes and popularize application of new mechanisms. The use of mediation as an alternative dispute resolution mechanism in administrative-legal proceedings may have prospects, given its growing popularity in civil disputes and the methodology for resolving disputes amicably, although this requires judicial/legislative readiness. The goal of the study is to consider the perspective and possibility of using mediation in administrative disputes in order to demonstrate the need to use mediation as a mechanism
პროვოცირებული პირის სისხლისსამართლებრივი პასუხისმგებლობა - გააზრება სასჯელის მიზნების ჭრილში
Get PDFPresent 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