Law and World (E-Journal) / სამართალი და მსოფლიო
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ცილისწამების სისხლის სამართლის წესით დასჯადობის მიზანშეწონილობა
Get PDFThe present article discusses legal nature of defamation, directed against honor, dignity and reputation of a human being. In accordance with the analysis explored by the author, defamation has nothing in common with high values of freedom of speech and expression. Therefore, making this action punishable by law or making penalties more stringent will not have any negative effect on the development of democracy. Based on the analysis of the legislation of 12 European Countries, the author suggests that amendment of the Law of Georgia on “Freedom of Speech and Expression” is necessary in terms of severing the existing sanctions for defamation; furthermore, the failure to execute the court judgment must also be punishable by the Criminal Code. As a conclusion, the author provides certain relevant recommendations on the possible changes in the legislation with this regard
ევროპის კავშირის ძირითადი უფლებების ქარტია, როგორც ადამიანის უფლებათა დაცვის ინსტრუმენტი
Get PDFThe article is dedicated to the first catalogue of human rights at the level of the European Union. Especially it focuses on the issues of judicial protection of the rights declared in the Charter of Fundamental Rights, including the future prospects of the control mechanism of this instrument of human rights protection. The Charter, adopted on 7 December 2000, reflects the EU’s aspiration to increase the level and scope of legal protection of fundamental rights and freedoms within the Union. It is distinguished by the simplicity of formulations and unique classification of fundamental rights, based not on the subject of the fundamental rights, but on the values, which they protect
მოსამართლე, როგორც მედიატორი
Get PDFThe two main goals of the dispute resolution policy in a state are: protection of the parties from any possible damage caused by the confl ict of interests and creation of the proper impressions about the dispute resolution alternatives in a society. These objectives are essentially important since both risks threaten to public trust towards dispute resolution procedures generally. The possibility of judicial participation in the mediation process may have a positive effect on the public opinion about ADR in a state. Consequently, as far as the regularly increasing requirements of the legal profession arise this issue, research of a successful practice of the different states’ legislation establishes grounds for making the following recommendations: establishment of an institute of judicial mediation in Georgia is preferable; Additionally, judges hearing a case, must have an opportunity to carry out mediation proceedings by their own initiative and upon the consent of the parties; A question – who shall guide the mediation process – either judges hearing a case, or a specialized court-mediator / judge-mediator, must fully depend upon the will of the parties and the decision of the judge. In case there is an agreement between the parties on the abovementioned issue, no restrictions should be imposed by the legislation
REVISITING THE CALIFORNIA FELONY MURDER RULE
Get PDFRecent legislation in the state of California has modified the use of the above theories to decrease the possibility of convicting someone who is not the direct perpetrator of murder. Particularly, California Senate Bill 1437 has limited the use of accomplice liability for felony murder. The bill intended to prohibit murder convictions where the participant was not the actual killer or a direct aider or abettor of the murderer. Thus, it was the intent of the California Legislature to correct what was perceived to be a need for statutory changes that would provide for more equitable sentencing of homicide offenders in accordance with their actual involvement in the crime. This was based on the bedrock principle of law and of equity that provides that a person should be punished for their actions according to their own level of individual culpability. Because the felony murder rule was being used to convict defendants of murder who had not killed nor possessed the intent to kill, it was necessary to amend the rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life
არასრულწლოვნის გამოკითხვა და დაკითხვა
Get PDF Nowadays, a significantly high attention is paid to the most vulnerable group of our society – juveniles. There is a great interest towards their developmental, behavioral characteristics, as well as towards techniques of their interrogation / questioning. A special approach is established with regard to juvenile offenders around the world according to which a juvenile should be regarded as a victim, rather than an offender. Similarly, the main focus of the international documents is made on the necessity of developing special procedures. The present article – “Questioning and Interrogation of a Juvenile” – discusses psychological characteristics and legal aspects of questioning and interrogation of juveniles; furthermore, it demonstrates the fact that juveniles are assumed to be the most vulnerable group of a society, who should be accorded a great protection in judicial proceedings
საპროცესო შეთანხმება : მართლმსაჯულების განხორციელება თუ პროკურორის დისკრეციულობა
Get PDFThe right to property or the awareness of the process of its transfer and appropriate analysis of each stage of this procedure is important regarding legal, economic and social meaning. Since property interests are of great importance in the context of a market economy and the object of the right to property is property, the rule of behavior by which the right to property is transferred or acquired is always important. It should be pointed out that the right to property to movable, immovable and intangible possessions is conferred by means of different rules. The present paper discusses the rule (process) about how transfer of the right to property to movable properties is carried out. The selection of the mentioned ‘rule’ as the subject of the research was preconditioned by the fact that in scientific literature the rule (process) of transfer or acquisition of the right to property is not interpreted (defined, understood) in uniform ways. Some scientists consider that only titulus contract and modus are sufficient for transfer of the right to property to a movable property in Georgia. Other scientists consider that causa is not sufficient for transfer of the right to property to movable properties in Georgia and that property transaction, existing in an “invisible” position beyond modus, is also essential
ფაქტობრივი საოჯახო ურთიერთობების სამართლებრივი მნიშვნელობა
Get PDFDetermining ontological nature of family relationships has both – theoretical, as well as practical value. In order to study this issue, it is necessary to establish the notion of family relations and the nature of actual relationships protected by law. Moreover, it must be determined what the legal status of a child born out of wedlock is. Generally, the present paper demonstrates that family relationships should be regarded as both – regulated by family law and by actual family relationships. Unmarried relationships (relationship without marriage registration) of partners do not invoke legal outcomes between them. Their relationship is recognized solely for the purposes of the protection of a child. In this sense, the birth of a child is important, since the relationship between children and parents are regulated by family law. The fact leads to either the alimony obligation or to the right to heritage
დიდი ოჯახის უფროსის ინსტიტუტი ქართული ჩვეულებითი სამართლის მიხედვით
Get PDFThe present article discusses an institute of the head of a large family according to the customary law of Georgia. It has been certifi ed by a number of researchers that the Patriarchal Family Community, similar to a large family, has existed in Georgia until the beginning of the XX century together with a small individual family. In families like these several generations of close relatives were united. The main characteristic of this union was common ownership of the property and collective work for the family. One of the basic family rules was that of keeping subordination. Different kinds of functions of family members were measured by their sex, age and skills. Great attention was paid to abilities of the family members. Family was governed by the patriarch – the oldest man in a family. Before making important decisions, the head discussed certain issues with all of the other full-aged male family members in order to obtain their impartial opinions and perspectives. In different regions of Georgia – either in communities or in villages – the head of a large family, both in the family and in public sphere, used to apply customs law and traditions of the ancestors of his region
LEGITIMATE EXPECTATIONS ACCORDING TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Get PDFThe principle of the protection of the legitimate expectation (hereinafter also: PPLE) is an independent legal concept that has emerged recently in the jurisprudence of many international and domestic courts and arbitrations, and is under the process of development. One of the peculiarities of this concept is that, it protects expectations, which are not based on substantive rights, in the realm of law, which is basically based on rights and the corresponding obligations it is quite uncommon
მოსამართლის დამოუკიდებლობის გარანტიები საქართველოს კონსტიტუციის ახალი რედაქციის მიხედვით
No full textJudiciary in Georgia is overloaded by discussing civil disputes, especially disputes concerning economic matters. Correspondingly, it is necessary to reach thehigh level of international standards, such as establishment of the Alternative Dispute Resolution - Arbitration, which is signifi cant and integral part of the economic development. That will make a great contribution to the progress of the country.The thesis deals with the issue of determining to what extent does the governmentintervene in a court of arbitration with readrd to recognition and enforcement. Thepaper defi nes problems of regulatory issues in the Georgian legislation. Thus, there will be used comparative research method. Specifi cally, the law of Georgian on “Arbitration” will be compared to the 1958 New York Convention. The main goal of thework is to introduce the advantages of arbitration, consider key issues - public order, adversarial principle and reduction of the amount of the penalty. The relevanceof the mentioned issue has been conditioned by the legislative amendments andhomogeneous approaches made by the court. There is not established commonjudicial practice in Georgia, hence, it does not operate in the country