Law and World (E-Journal) / სამართალი და მსოფლიო
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მეუღლეთა საერთო კანონისმიერი საკუთრების რეჟიმ(საქართველოს სამოქალაქო კანონმდებლობის ანალიზი)
No full textThe research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships
საქმე Neilson: როგორ მივიდა სასამართლო უკუმითითებიდან იდენტურობის პრეზუმფციამდე
No full textThe decision of the High Court of Australia in Neilson is a very rare event, since it contains an extended consideration of renvoi by a national court of final appeal in a case containing a real renvoi issue. Not surprisingly, the case attracted considerable interest among private international lawyers around the world even before it reached the Court, and the Court’s decision was eagerly awaited
STRUCTURE, CONTENT ANALYSIS AND DIMENSIOLOGY* OF A VICTIMOGENIC SITUATION
Get PDFVictimogenic situation is a private variety of criminogenic situation where one of the main actors of the criminal drama, along with a perpetrator, is a specific victim of the crime, though being not merely a target of the crime, but the person who, thanks to his/her behaviour and particular personal characteristics, objectively contributes to the commission of the crime against himself/herself. The study of a victimogenic situation and appropriate prevention must be based on a consistent methodology, according to which an individual criminal behaviour arises from the interaction of personality (individual) and a particular real-life situation. A victim in the victimogenic situation is almost as active as the perpetrator. Therefore, it is necessary to investigate the specific nature of the circumstances in this strange tandem of “perpetrator-victim”, which characterises the personality and behaviour of the offender, on the one hand and the personality and behaviour of the victim, on the other hand
Institutions of court settlement and Judicial /court-annexed mediation as part of the unified system of justice
Get PDFIn Georgia, the existence and strengthening of two important legal institutions - court settlement and court mediation may provide opportunities, in order to ensure the common goal – the satisfaction of the interests of individuals, in the civil proceedings, much faster, and with less expanses, than it can be achieved in civil process. Consequently, in the court system, highlighting their importance, may excel the unified chain of justice and ensure trust towards the judiciary. In the paper, it is considered relevant, to describe the fact of settlement in the court with the term "court settlement" and not like "settlement", as the term “settlement” can also be considered to describe an agreement, reached by the parties, before the litigation process. At the same time, in order to ensure the institutionalization of mediation in Georgia, it is necessary to continue attempts, not only in the direction of improving the legislation, but also to introduce and implement new mediation programs. The implementation of the presented recommendations, as a result, may facilitate the introduction of legal institutions and the improvement of the unified chain of justice
ევროპის კავშირის ევროპის კავშირის მართლმსაჯულების სასამართლოსა და ადამიანის უფლებათა ევროპული სასამართლოს ურთიერთქმედების ასპექტები N2/13 დასკვნის შემდეგ
No full textThe present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation
მედიაცია ქართულ მედიაცია ქართულ ისტორიულ წყაროებში, მისი უპირატესობები, შესაძლო ნაკლოვანებები და სამართლებრივი რეგულირება,როგორც მათი აღმოფხვრის საშუალება
No full textDespite of the existence of the institute and the term “mediation” in the Georgian historical sources, mediation in Georgian reality is thought to be a new institution, besides, doubts exist with regard to its possible success. Additionally, apart from the adoption of the law on mediation, a number of issues still need to be regulated. In the conditions of the institutionalization of mediation, its successful functioning, with other means of dispute resolution, is not only the subject of private interest during individual proceedings, but also the fact of public importance
The Data Protection Officer (DPO) – Ensuring Greater Data Protection Compliance
Get PDFData protection legislations have been adopted in many countries, however, the level of protection provided varies by region and state. The need for global data protection mechanism is as desirable as never before, which shifts data protection importance to the next level. Luckily, data protection model within the EU is the most advanced one in the world which may serve as a good example for enhancing data protection mechanisms where needed
სრულწლოვანი პირისთვის ქმედუნარიანობის შეზღუდვით ძირითადი უფლებების ხელყოფა
No full textWithin this article we’ve considered the disposition of the Article 16 of the Civil Code of Georgia, it’s aim and connection with human rights protected under the Constitution. After analyzing case law and scientific literature, it seems that it is possible to limit the legal capacity of a person at the age of majority, if the adult abuses alcohol or narcotic substances and by doing so, puts his/her family in material hardship, however, it’s unclear why it is necessary to limit legal capacity for only alcohol and drug users. Meanwhile, Georgian legislation, with other means of law obliges person to care for his/her family’s material condition. If a person avoids to undertake the obligation to pay maintenance, it is possible to force him/her to pay it according to the decision of a court. (Court can demand a person to fulfill the obligation to pay maintenance for his/her family members in order to prevent material hardship). The purposes of provisions which are limiting legal capacity are vague (GCC Article 16, Chapter of Special Proceeding of Civil Procedure Code of Georgia), it’s possible to protect family’s material condition without im- posing these measures while not limiting person’s constitutional rights. In the article, we’ve also discussed the premises of limiting legal capacity and consequences, when there is a possibility of violation of human rights protected by the constitution such as: human dignity, right to free personal development, right to equality and right to property. It is possible that family members may be engaged in material hardship not only by the person who has an addiction to alcohol and drugs, but also by a person with no such characteristics. Accordingly, it is wrong and unequal to limit legal capacity only for persons, which have an addiction to illegal substances and alcohol. Besides, the achievement of the legitimate aim, under the GCC Article 16, is possible by the less intrusive measures
THE AMERICAN CRIMINAL JURY TRIAL – JUSTICE AND DEMOCRACY IN ACTION
Get PDFOnly 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article
აფექტირებული დანაშაულის ესკიზი საერთო სამართლის ქვეყნებში
Get PDF● In common law countries, which as a rule do not have codified criminal legislation, or where it exists, offences committed under the provoked temporary insanity are not treated as a separate type of wrongdoing (delictum sui generis). Criminal theory and practice considers them as a particular example of privileged homicide related to manslaughter but not the murder. ● Actus reus of offences committed under the provoked temporary insanity (as a kind of privileged homicide) consists of following objective elements: a) conduct, result (i.e. death), causal link between them and any other facultative element; b) provocative behavior committed by the victim; c) causal link between the victim’s behavior and the perpetrators provoked conduct (double causation). ● Mens rea of the offences in question pertains to both subjective elements characteristic to manslaughter: a) recklessness and b) extreme temporary emotional excitement, which might be either explained or justified on rationale basis. The verification of rationality depends on the “reasonable man” standard and how would he behave in the same situation. ● As a starting point, for the classification of mental element traditionally is applied M’Naghten case. Although it focuses on the perpetrator’s capacity to understand wrongfulness of conduct, to be responsible for his crimes, it can be directly applied to the offences, committed under the provoked temporary insanity considered as a serious situational disorder of activity of psychic or state of mind. ● Legal regulation of an offences committed under the provoked temporary insanity is entirely differently constructed within the common law countries in comparison with other legal systems, including Georgian Penal Code. The common law approach is hard to be considered as a successful one, as it is not always efficient in terms of theoretical and practical considerations. ● The main shortcoming of common law system is related to its ambiguity, derived from abundance of value judgments, tests, fictions and criteria