Law and World (E-Journal) / სამართალი და მსოფლიო
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სასამართლო და არასასამართლო მედიაციის ურთიერთმიმართება, სასამართლო მედიაციის ფორმების გამიჯვნის აუცილებლობა საქართველოში და მოსამართლის უფლებამოსილება თითოეულის წარმართვისას
Get PDFIt is doubtful that in the conditions of mediation institutionalization, its successful functioning, with other means of dispute settlement, is not only the subject of private interest during individual proceedings. It is also the fact of public importance. However, in the Georgian reality, mediation is considered as a new institution. Most material, procedural or ethical issues related to it have not been regulated at the legislative level, including, the connection between mandatory/judicial and voluntary mediation. Meanwhile, the growing demands of the legal profession require compliance of internal legislation with modern development trends. Considering this fact, the work concentrates on the inter-relationship of mandatory/judicial and voluntary mediation. The signs of mandatory/ judicial and voluntary mediation are discussed. Analysis of court mediation practice and the existing regulatory legislation has been carried out. Recommendations for improvement of legislation have been developed. Each suggested regulation will help in the process of perfection of legislation and the development of the institute
ფემიციდის, როგორც გენდერული დისკრიმინაციით მოტივირებული დანაშაულის, კვალიფიკაციის პრობლემები (კანონმდებლობისა და სასამართლო პრაქტიკის ანალიზი)
Get PDFThe present article – “Problems of Qualification of Femicides a Crime Motivated by Gender Discrimination (Analysis of Law and Court Practice)” – discusses characteristics of femicide and the problems of its identification as a crime motivated by gender discrimination. The paper raises problems such as the lack of establishment of femicides a crime in Georgian legislation as well as the challenges of its qualification and an adequate sentencing by the court. The author explores problematic aspects of the court practice regarding femicide committed in Georgia and the lack of gender-sensitive approaches by the judges. The article analyzes various international legal standards identifying femicides a criminal offence and the best practices of Latin-American countries
ზეგავლენით ვაჭრობისა და დანაშაულის პროვოკაციის სამართლებრივი ანალიზი და კვალიფიკაციის ძირითადი ასპექტები
Get PDFThe research includes detailed characterization of influence peddling. It demonstrates the full description and structure of influence peddling. Factual and subjective descriptions of influence peddling, as well as key aspects of qualification are also discussed. Main attention is paid to the definition of the term– influence. According to the opinions of various authors, this term is quite general, abstract and ambigious, therefore it is necessary the term to be interpreted by the court while hearing individual criminal cases. The article discusses also theoretical and practical differences between influence peddling and bribe-taking. The research includes detailed description of crime provocation and emphasizes its difference from the abetting crime. Central attention is paid to the issue of provocation from governmental bodies during secret investigative activities. At the end of the research the author provides several recommendations about the definition of the term– influence and on the issue of making standards of crime provocation stricter and closer to the European standards
THE LAW ON SEXUAL HARASSMENT & DISREGARDING FUNDAMENTAL PRINCIPLES
Get PDFThe issue of sexual harassment has recently become topical among Georgian society. A whole new article to the Administrative Offences Code (AOC) of Georgia has been initiated and adopted (Article 1661) by Parliament this year. The whole process was constantly accompanied by pompous slogans about protection of human rights. However, in case of critical rethinking of this legislative innovation one’s attention might be attracted by certain weirdness of the elements of this offence: “unwanted behavior of sexual nature committed against a person in public places that aims or/and causes violation of his/her dignity and creates frightening, hostile, humiliating, degrading or insulting conditions for him/her.” A doubt might arise in terms of whether the above mentioned regulation fully follows the fundamental principles of law namely: nullumcrimen sine lege and presumption of innocence. This report is a humble attempt to present an academic opinion upon this uneasy matter. Namely the intention is to analyse the elements of article 1661 AOC of Georgia through the prism of the above mentioned principles and find out whether is there full compliance between them or not
აფექტირებული დანაშაულის საკვლევი მეთოდოლოგიური ქარგა
Get PDFDefinition and differentiation of concepts and terms are considered to be vital requirements. From this point of view two different concepts/ terms – methodology and method are to be distinguished. Methodology includes not only doctrinal study of methods, but also ideological position, which is considered to be more important (e.g. the extent of recognition and application of the Dialectical regularities of the confl icts and unity of contradictions). As for a method, it is to be recognized as a logically proper and concordant system of research methods. Sectoral requirements are separate issues that need to be pertained to methodology (In our case – primary protection of human rights in the context of rule of law)
რელიგიური ორგანიზაციების სამართლებრივი ფორმები საქართველოში
Get PDFWhat is implied in the word “Religion”? According to the definition of sociologist Ronald Johnstone, “Religion is called to a system of beliefs and rituals through which a group of people explain and respond to what they consider supernatural and sacred“. For this very reason religion is a very sensitive subject and freedom of religion is one of the key accomplishments of the mankind. Still, achieving religious freedom between human rights has appeared to be one of the most difficult and painful processes. None of the basic human rights required so much sacrifice, time and effort as the recognition and protection of freedom of religion – as if a simple, but at the same time the most internal and personal right. Freedom of religion is a broad concept and involves many aspects, including the right to publicly proclaiming one’s faith, the right to perform religious rituals, the right to freely choose religion or the right to have no religion at all, etc. However, in this article we are not going to discuss freedom of religion as a broad concept, rather, aspects such as legal forms of religious organizations, means of their establishments and procedures, as well as effectiveness, structure and other characteristics of the forms of religious organizations will be analyzed
საქართველოში არალეგალურად მყოფ უცხოელთა სამართლებრივი პასუხისმგებლობის შიდასახელმწიფოებრივი რეგულირების პრობლემები და ევროპული სტანდარტები
Get PDFThe study provides a detailed overview and analysis of the theoretical and practical problematic issues concerning legal liability of foreigners and stateless persons within the territory of the country. The article deals with the positive aspects of Integrated Border Management System, as well as with the issues that need further clarification. The author is concerned about one of the following issues – despite the existence of four-level control mechanism of the state border, the foreigners actually have the opportunity to legally reside in the country after the expiration of their legal grounds and continue living illegally. According to the author, the record in Georgian legislation is imperfect, which refers to the expulsion of an immigrant from the country by the authorized official after discovery of the relevant basis. The abovementioned issues are considered one of the most pressing topics for the present democratic international community – along with the issues regarding state security and public order. In conclusion, the author offers some recommendations with regard to possible amendments in order to implement the aforementioned direction in the current legislation
ფარული საგამოძიებო მოქმედებების როლი სამოხელეო დანაშაულის გამოძიებისას
Get PDFThe present article analyzes the necessity of applying covert investigative activities to all categories of official misconducts. It addresses to all types of covert investigative activities which are mostly used in the course of investigation of official misconducts. The article further discusses domestic and international legal tools and practices of using covert investigative activities. The author draws considerable attention to the applicable standards of covert investigative activities and suggests recommendations in this respect, which protect the interests of individuals and that of investigation. Although, application of covert investigative activities poses potential threat to human rights, on the other hand, the interest of an effective investigation of official misconducts is an essential element of crime prevention and the rule of law
ქრთამის აღებისა და ქრთამის მიცემის სისხლისსამართლებრივი ანალიზი
Get PDFThe offence of corruption has been a problematic issue throughout decades in Georgia as well as in most developing countries. From this point of view, the offence of getting and giving a bribe could be regarded as the most sensitive. Bribery as the social phenomenon has been known for centuries, and since then, it has still been actual at each stage of development of the society. As the offence, bribery originated in the establishment of the Public Offi cial’s institution and since then it remains to belong to the category of topical and dangerous crimes in spite of the change of its structure. This article provides a fundamental analysis of bribery. It covers topics of giving and getting a bribe, criminal analysis of that offence and legislative norms in this sphere at local and international levels. The article also reviews a comparative-legal analysis of the legislation of foreign countries
ადმინისტრაციული ორგანოს დისკრეციული უფლებამოსილების განხორციელება საქართველოში სამშენებლო სამართალდარღვევების შემთხვევებში და მათი სასამართლო კონტროლი
Get PDFPresent-day governance has to solve more complicated and varied tasks for which in certain cases it is equipped by the government with the discretionary right – certain freedom to make decisions, which is expressed in the fact that the administrative body is authorized to select itself the most suitable decision out of several alternatives to achieve the aim. The article discusses the importance of the institutions of the discretionary right and their place in the legislative systems of various countries. Special attention will be given to several legislative regulations in Georgia in respect with the discretion institute and difficulties of their implementation in administrative and court practice