Law and World (E-Journal) / სამართალი და მსოფლიო
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Legal Implications of “Sharenting”
Get PDFSharing child’s visual materials online for purely personal purposes by parents, family members or close relatives is a widespread practice, especially, where the availability of internet services is provided, which therefore, poses challenges to privacy protection of the child. Children, as one of the most vulnerable members of society, need special attention with regard of protection of fundamental rights, where privacy a crucial one. This article reviews the implications of child’s privacy on social media with the emphasis on sharing minor’s visual materials
კიბერდანაშაულის სოციალურ -ეკონომიკური ანალიზი
Get PDFIn the presented article, the author analyzes socio-economic damage caused and expected as a result of cybercrime, a global and transnational threat. In parallel, with the development of technology and the growing dependence of the population on internet resources in the digital era, there are discussed dangers of blooming opportunities for cybercriminals and harm imposed by their actions. Taking into account the scale of the proceeds of crime, the author of the article presumes that cybercrime has formed into organized criminal business and has become a threat not only to the security of states and proper functioning of their institutions but also to the property and assets of citizens and enterprises, banks and fund institutions. According to the author, even the rules implemented by countries with a strong economy and developed technologies, and the refinement/ development of methods to combat this crime, will not bring results and will not be effective, since cybercrime is global and transnational by its nature. To accomplish the goals effectively, response to this challenge should be comprehensive, based on unified, well-established international policy. This only can be achieved through close interstate cooperation and instant (bypassing bureaucratic formalism) mutual legal assistance
სუპრანაციონალურობის ასპექტები ევროპის კავშირის ფუნქციონირების პროცესში
No full textThe article is an attempt based on a generalization of the experience of the European Union (EU), to identify the essential characteristic of supranationality in the context of the interaction of international law with domestic law, to assess the legal nature of the EU and to offer the reader an authorial definition of “supranationality”. The general conclusion of the paper is that supranationality should be understood as an effective form of interstate cooperation and activity within the international organization, based on unity of interests, in which the authority serving these interests receives some degree of autonomy from the participating countries by transferring (conceding) part of their internal powers to it. As a result, its decisions, without prior transformation into domestic law, have a general normative character and direct effect not only on member states, but also on their natural and legal persons, which is ensured by effective enforcement mechanisms. At the same time, the supranational level, which has a considerable number of independent regulatory powers, is hierarchically higher than inter-state level, therefore, its law also has primacy over the national law. Besides, within the framework of the article, particular attention is paid to description of main approaches that characterize the legal essence of the European Union. The author expresses an opinion on the appropriateness of understanding the EU as an international organization of a special kind (sui generis), which combines elements of classical international organizations with supranational features in its functioning
მედიაციის პროცესის კონფიდენციალობის დაცვის სამართლებრივი რეჟიმი და მნიშვნელობა
No full textThe work is dedicated to specific legal regime of confidentiality protection in the mediation process. To this end, not only the scope of the concept of confidentiality is explored, but also the peculiarities of its protection in mediation and in court. Legislative news and the standards recognized by the law “on mediation” is analyzed in this context. It is noteworthy, that due to several factors mediation becomes especially attractive for business in a pandemic conditions: unlike hearing the case in court, mediation is fast, cheap, calm, flexible and effective dispute resolution process aimed at maintaining the current relationship between the parties through mediation confidentiality. Given the confidentiality of the mediation process, the parties have a legitimate expectation that the information they disclose will remain confidential. It is confidentiality that empowers the trust of the parties towards mediation. At the same time, analysis of the law reveals that confidentiality is not absolute during mediation and it may be restricted in certain exceptional cases. Taking into account European experience and the obligations under the Association Agreement in Georgia was accepted the law “on mediation” in which it was formed exceptional cases of confidentiality restrictions. Moreover, disclosure of confi dential information is considered justified in exceptional cases if the preconditions established by law are met. It is advisable to evaluate the given cases as carefully and individually as possible. In this way, it will be ensured that the restriction of confidentiality, on the one hand, directly affects the areas defined by law, and on the other hand, as a result of its misinterpretation will not lead to the extension of the exception to the restriction and thus violate confidentiality
VIOLENCE AGAINST WOMEN IN THE 21st CENTURY TELESCOPE
No full textThe Equal Protection Clause was created to address and eliminate discriminatory practices and has been utilized to champion equality primarily in the areas of race, religion, ethnicity, gender and sexual preference. Judiciary is empowered with the authority to identify and determine when certain conduct, behavior and activity are considered to be illegal and constitutionally impermissible. For the court system to be effective, it is necessary for those individuals who are experiencing discrimination to report discriminatory practices to the appropriate authorities
The Paramountcy Principle – a Rights-based Legal Analysis
Get PDFBest interests of the child – a concept serving for the realization and protection of the child’s fundamental rights – has been a subject for debates since its formation. While indeterminate and flexible to each single case by its nature, it is still deemed to be one of the most effective tools with regard to children rights law. The present Article aims at illustrating the value the concept should be accorded to, together with the degree of its implementation in the legislation of Georgia, rather than concentrating on the notion’s indeterminacy. For this reason, the Article will demonstrate meaning, importance, place of the best interests of the child at both – international and local levels
ვადიანი და უვადო შრომითი ხელშეკრულებების ურთიერთმიმართება ქართულ და საერთაშორისო სამართალში
No full textThis article was written to describe the main regulations under Georgian labor law about fixed-term and permanent labor contracts. It was made to analyze the problems under Georgian Labor Code about regulating these two type of contracts. Under Georgian labor code the labor contract of fixed-term can be signed by the parties if the prerequisites strictly regulated by Georgian labor code is protected. It means that the parties can sign fixed-term labor contract only in few cases, which are written in Georgian labor Code. This article has for the main object to analyze these prerequisites strictly regulated by Georgian law, compare them to international labor documents and give recommendations to refi ne Georgian labor legislation. Under international law, under Social Charter, under COUNCIL DIRECTIVE 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP the fixed-term labor contract can be signed between two parties if there is an objective reason and this objective reason should be written in labor contract. Due to Georgian labor code there are five prerequisites to sign fixed-term labor contract. One of them is „another objective“ reason, which gives to employer the power to sign fixed-term labor contract with an employed with „another objective“ reason, the employer can use„ another objective reason“ without any obligation to prove why is he drafting the fixed-term contract with an employed person. According to this article the author tries to give recommendations to evaluate Georgian legislation and practice in labor law, gives the example of foreign country’s labor legislation and is trying to underline the need of good and fare interpretation of Georgian labor code about fixed-term labor contracts by Georgian court
ქმედების მცირე ქმედების მცირე მნიშვნელობის კვალიფიკაციის თავისებურებები თავისებურებები თანამედროვე სისხლის სამართალში
No full textThe research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries
შინაგანი რწმენა და მისი ფორმირების ძირითადი ფაქტორები
Get PDFThe issue of clarification/wording of the standard of inner conviction and reasonable doubt of a judges/jurors when passing a verdict has not lost its relevance until today. There is no consensus among scholars about the issue. Considering the fact that it is impossible to fit inner conviction into any framework, to assess and predict it in practice, the debate on the influence and significance of subjective factors in the formation of inner conviction is still in progress
მესამე პირების დირექტორის წინაშე პასუხისმგებლობის რეგულირება ქართულ საკანონმდებლო სივრცეში
No full textAll companies are required to have at least one director. This is because companies, as “artificial” legal entities, can not act themselves – they need to act through other persons. In most cases, the actions of a director will be treated as being the actions of the company itself. The present article is dedicated to directors personal responsibility to the third parties. Directors can be personally responsible to the third parties in respect of negligent conduct on their part. The aim of the present article is to study the grounds and judicial practices of directors personal responsibility to the third parties