Law and World (E-Journal) / სამართალი და მსოფლიო
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ადმინისტრაციულ სამართალდარღვევაზე რეაგირების სამართლებრივი ფორმა
Get PDFThe article discusses the problem of separation of legal form of response to administrative offense from the legal form of police prevention measures. The Code of Administrative Offenses of Georgia does not define legal forms of response to administrative violations and, therefore, the police uses legal forms of response defined by the Code of Administrative Offenses of Georgia as preventive measures and response measures to Administrative Offences
ძირითადი კრიმინოლოგიური თეორიები და მათი მნიშვნელობა დანაშაულობის პრევენციის საქმეში
Get PDFThe article reviews main criminological theories and their importance in the prevention of crime, ideas of classical school of criminology and criminal law, criminal anthropology and sociological school in relation to criminality and the cause of crime and prevention. Main directions around the issue are analyzed. Without the science of criminology it is impossible to study the crime in the state and prevent it and improve legislative activities. Criminological expertise of draft laws is of utmost importance to conduct legislative activities without the use of criminological knowledge and it can’t be determined what concrete law, especially, criminal and administrative laws, can be prevented, suppressed, or otherwise provoked by criminal conduct in the future. It is important for the study of complex causes of crimes of criminology and prevention of crime, planning and predicting the crime. Without criminological studies, investigations and rehabilitation of victims of crime can not be re-socialized and, most importantly, legal culture in society can not be increased. Thus, one of the tasks of modern criminology should be to develop criminology and scientific research at the legal faculties of higher education institutions
MEASURING UP THE CURRENT POSTURE OF PRISONS IN THE COUNTRY OF GEORGIA VIS‐AVIS PRISONS IN THE UNITED STATES AND MORE PARTICULARLY IN THE STATE OF FLORIDA
Get PDFThe article reviews main criminological theories and their importance in the prevention of crime, ideas of classical school of criminology and criminal law, criminal anthropology and sociological school in relation to criminality and the cause of crime and prevention. Main directions around the issue are analyzed.Without the science of criminology it is impossible to study the crime in the state and prevent it and improve legislative activities. Criminological expertise of draft laws is of utmost importance to conduct legislative activities without the use of criminological knowledge and it can’t be determined what concrete law, especially, criminal and administrative laws, can be prevented, suppressed, or otherwise provoked by criminal conduct in the future. It is important for the study of complex causes of crimes of criminology and prevention of crime, planning and predicting the crime. Without criminological studies, investigations and rehabilitation of victims of crime can not be re-socialized and, most importantly, legal culture in society can not be increased. Thus, one of the tasks of modern criminology should be to develop criminology and scientifi c research at the legal faculties of higher education institutions
არაქონებრივი ზიანის ანაზღაურება პიროვნების გარდაცვალების შემდეგ და მოთხოვნის უფლების მქონე სუბიექტები
Get PDFThe paper is related to a challenge of compensation of non-pecuniary damage after the death of a person which is one of the key issues in contemplating the recognition and protection mechanisms of modern Georgian civil law.The problems of moral damage compensation are also caused by subjective perception of regulatory norms and absence of determined concepts and criteria which could have allowed the court to strengthen individual assessment with conceptual approaches
ხელშეკრულების თავისუფლების პრინციპის ფარგლები ხელშეკრულების სტანდარტული პირობების დროს
Get PDFThe main cornerstone of the treaty law is that the parties have the right to act freely, according their will within the law –; It means that the parties have the right to define future contracts, the contents of the agreement and the benefits they are willing to accept from future relationships. It guarantees that the principles of party autonomy and freedom, that, along with other fundamental principles, ensure stability and strength of civil legal relations
ოჯახში ძალადობის საქმეთა განხილვის თავისებურება სასამართლოში
Get PDFDomestic violence is urgent topic both theoretically and practically. The topic is especially relevant to Georgia since at this stage the current Criminal Law being elaborated to fight domestic violence. The role of court and approach to domestic violence category cases is vital to carry out efficient measures against domestic violence, understand the essence of the violence problem, its social threat as well as measures to be used against it and application of preventive mechanisms, since hearing of domestic violence cases have some peculiarities and specific features. The specifics of the domestic violence offence is the difficulty of revealing it as well as effective and lawful selection of coercive measures to be used against it. Thus, we believe, that introduction of additional mechanism along with legal and practical experience is necessary to fight domestic violence. Since the court practice shows that features and characteristics of domestic violence determines its specificity and complexity of its hearing at the court, which may cause difficulties to convict an offender – person committing violence
ქვეყნის შიგნით ადგილნაცვალ პირთა სამართლებრივი დაცვის ხელისშემშლელი ფაქტორები საქართველოს მაგალითზე
Get PDFThe phenomenon named “internally displaced” is becoming especially striking from the beginning of 90ies of XX century. The end of the so-called “cold war” and, outbreak of internal ethnic or religious conflicts in almost all parts of the world significantly increased the amount of internally displaced people. Armed conflicts of Abkhazia and Tskhinvali after the restoration of independence of Georgia at the beginning of 1990ies made sure Georgia belonged to those states where the problems caused by internal displacement are most critically present
ნაცვალგების პრინცის პრობლემა საქართველოში უცხო ქვეყნის სასამართლო გადაწყვეტილებათა ცნობა-აღსრულებისას
Get PDFIn this work we discussed an important and troubling institution of international civil procedure law, known as the principle of “reciprocity” and its notion and faces. The reciprocity principle is particularly evident in the process of execution in judicial decisions of a foreign state in Georgia. In this regard, we discussed such issues as the institution’s approach to the state, its sovereignty and if Georgia strictly addresses the use of this principle, the possible problematic consequences of the use of this institution
იარაღი, როგორც გირავნობის ობიექტი
Get PDFToday, in the period of free market economy, material values, including needs, are of great importance for a human’s well-being and development. Therefore, it necessitates the protection/provision of these values (needs). Pledge holds one of the first places in law which ensures needs. As pledge exists on real objects, it protects the creditor from the debtor’s insolvency. For this reason, it represents the creditor’s object of interest. In order to ensure the creditor’s needs, it would be appropriate to select valuable property
მოწმისა და დაზარალებულის კოორდინატორი სისხლის სამართლის პროცესში
Get PDFSince August 2011, the Prosecutor’s Offi ce launched witnesses and victims service coordinator., With the aim of criminal proceedings and the interests of victims and witnesses involved in the protection, support for their re-victimization and secondary prevention and investigation and trial stage, their awareness . The “victim and witness coordinator of the criminal justice process” discusses the victim and witness coordinator, sheioda what they do, as long as the legislation would be the coordinator of the concept of refl ection, a brief overview of the victim and witness coordinator in the United States and discussed implementation of the legislation Changes ielebuli victim and witness coordinator to strengthen functions and duties