Law and World (E-Journal) / სამართალი და მსოფლიო
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მოზარდის მიერ დანაშაულის ჩადენის გამომწვევი მიზეზები, მისი კრიმინოლოგიური ასპექტები და გასატარებელი პრევენციული ღონისძიებები
Get PDFThe article reviews the reasons of crimes committed by the adult, criminological aspects da preventive measures to taken. It points out the problems related to this issue, reasons and the ways of solving it the problem and, discusses the steps taken by the government and initiated measures for reviewing and preventing the crime committed by adolescent criminals. The actuality of issue is derived from the increase of the number of crimes committed by juveniles up to 14 years
სიძულვილის ენის დილემა: სად გადის ზღვარი დაცულ და აკრძალულ გამოხატვას შორის?
Get PDFFreedom of expression requires states to guarantee to all people the freedom to seek, receive or impart information or ideas of any kind, regardless of frontiers, through any media of a person’s choice. The right to freedom of expression is not an absolute right, and, under certain exceptional circumstances, the state may restrict the right under international human rights law. Hate speech, as a form of discriminatory expression, is a serious human rights concern. It is a tool often used to silence and intimidate minorities and to scapegoat whole groups in society while stifling dissent. Whether promulgated by politicians or spread by media outlets or online, the “hate speech” can create environments conducive to violence and other human rights violations against minority groups. No universally accepted definition of the term “hate speech” exists despite its frequent usage. Hate speech covers comments which are necessarily directed against a person or a particular group of persons. The term implies any expression imparting opinions or ideas – bringing an internal opinion or idea to an external audience. It can take many forms: written, non-verbal, visual or artistic and may be disseminated through any media, including internet, print, radio, or television
მოსამართლე და სასჯელის ინდივიდუალიზაცია
Get PDFWhy is the crime rate not decreasing? Why are we still unable to succeed despite the resources concentrated? If we defi ne the law as a system of ideas, values, principles, norms, institutions, methods, mechanisms, processes etc. we acknowledge that the abovementioned components should function orderly otherwise the system might fail. What if there is a mismatch or even contradiction between some of these components? On the one hand, the legislator sets the clear goal within the Penal Code of Georgia – prevention of new crime (article 39). Consequently, the judge is obliged to fi nd the punishment that would be proportional to the individual circumstances of criminal case and the person he/she is going to sentence (article 53). On the other hand, the Penal Code of Georgia does not allow the judge to use suspended sentence (article 63) or a punishment that is milder than the one established by the law (article 55), even when this is preferable or even necessary in terms of proportionality of the punishment (unless there is a plea of bargain). This is a serious contradiction between the goal and the means. Thus no wonder that we have problems in terms of achieving the goal. Therefore, the legislators should revise the matter wisely
სასამართლოთა საერთაშორისო განსჯადობაზე მხარეთა შეთანხმების სამართლებრივი ბუნება
Get PDFIn this article, we discussed private international legal relations, including the jurisdiction agreement between parties. Also discussed subjects like international jurisdiction of courts, its notion and difference from the territorial jurisdiction within the country. This article includes sources of international law on competence of courts and the content of material and procedural law with regard to participating parties
კონფლიქტი ფარულ საგამოძიებო მოქმედებებსა და ადამიანის ძირითად უფლებებს შორის
Get PDFThe article:’Confl ict between the secret investigation actions and the fundamental human rights’ is about confl icts and problems raised between secret investigation actions and the fundamental human rights and freedoms. Exactly, due to its hidden character, the secret investigative actions are related to the most important principles of the criminal law, such as right to refrain from self-incrimination, also rights of third persons, in particular rights of persons not connected with the crime and intensively invade the fundamental human rights. These are the principles are object of not only the Constitution of Georgia but of the European Convention on Human Rights, as well as the object of diverse international acts. The article analyses the problems and dangers raised by the secret investigation actions and proposes the ways for eliminating them
ლეგიმეტრიის შესახებ
Get PDFIn the present work I tried to describe legal instrument, which is automatically used in the reality, however, still not settled as an independent legal category. In the scientifi c literature there is not much information in that regard, though, it is hard to imagine functioning of fundamental legal institiute such as Court without it. For the indication of the above mentioned instrument usually following words are used legal measurment and legimetry. The latter was initially mentioned in the work of American author Bob Bishop “Shades of Reality”, which represents mostly so called area “entertaining science” and does not have any claim for fundamental, theoretical research. In the specifi c legal scientifi c literature the contecnt of legimetry, its destination, areas for usage and signifi cance are discussed in details in the work of Mindia Ugrekhelidze: “From Legimetry to Legal Dimensiology”
პოსტკრიმინალური ემოციური განცდების ფენომენოლოგია (რეტროსპექტული მეთოდის შესახებ სისხლის სამართალში)
Get PDFPost-criminal emotional feeling should be considered as an initial psychological reaction on perpetration of crime committed by perpetrator himself. They are immediately following the blameful psychological process and preceding conscious and fi nal self-evolution of behavior; Although by virtue of their unconscious nature are infl uential to the further course and essence of post-criminal behavior. Post-criminal emotional feelings in the above meaning should be strictly differentiated on the one hand from the psychological feelings before and after committing the crime; On the other hand – from post-criminal behavior as a whole. Last one can be manifested in voluntary surrendering, confession of guilt, repentance etc. Post-criminal emotional feelings do not belong in senso stricto to the structure of criminal behavior as such. Nonetheless they play signifi cant role in solving many criminological, penological, penitentiary, procedural and judicial issues. Most fruitful it seems in penal law where it fi rst was fecundated and in which it is applicable to quite wide context of theoretical and practical issues. To the study of post-criminal emotional feelings is closely related corresponding retrospective method of scientifi c research as a something supplementary to the prospective method – from conditions and reasons to the perpetration of crime. In our case it moves reverse – from committing the crime to the conditions and reasons of its perpetration
მომხმარებელთა უფლებების დაცვის საბაზისო მიდგომები სამართლის ოჯახების მიხედვით
Get PDF Private autonomy, freedom of contractual relationships, and the equality of participants are the basic principles of private law. Along with the development of an economic market, the need to protect the consumer as a“weak party” has increased. Very often costumers enter into a contract without considering the subject of the agreement or acquainting with another party. Moreover, consumers often receive contractual offers in unexpected environments. Thus are neither prepared nor ready to conclude an agreement immediately. Sellers often use pre-formatted terms and application without giving any additional warnings or explanations. Therefore, legal consequences of such contractual relationships are uncertain, unpredictable, and unexpected for consumers. Unlike entrepreneurs, consumers usually do not have the specifi c knowledge and experience that can be a prerequisite for concluding a reasonable and profi table agreement
გაუპატიურება, როგორც ძალადობით ჩადენილი სქესობრივი დანაშაული
Get PDFThe issue discussed in the paper is interesting as it is related to the new content of rape, as the sexual offence committed using violence, offered by the draft amendment to the Criminal Code of Georgia submitted to the Parliament of Georgia. Whilst under applicable legislation the rape means sexual contact with people of opposite sex and sexual violence between the people of the same sex is considered as a violent act of sexual nature and is mentioned by such discriminative terms, as homosexuality, lesbianism or other sexual intercourse in perverted form, after adoption and entry into force of these amendments, the rape shall be considered as any type of sexual penetration using a part of the body or an item, committed using violence, under the threat of the immediate use of violence or abusing the victim’s helpless condition. This amendment will actually be the basis for new level in the field of scientific research of sexual offences committed using violence, which, at certain extent, is a type of comment to new progressive content of rape provided in the draft amendments, which enable this section of the law to be improved prior to its adoption taking into account the best practice of European countries, and signs of rape to be distinguished from other types of sexual penetration, which may become valuable material for practicing lawyers and students of law schools interested in this topic
ივანე ჯავახიშვილი ქართული პარლამენტარიზმის („დარბაზისა და დარბაზობის“) შესახებ
Get PDFAccording to some georgoian scientists the basis of Constitutional Justice Science was founded in the early- feudal Georgia. The great doctrine by Sharl-Lui Montesquieu about the distribution of power is commonly known. We pay attention to the fact that in the United Kingdom at the head of the country was the King – supreme sovereign. We have already mentioned that the battle between nobles was characteristic to our country. The central, authoritative government had to fi ght against nobles who were trying to limit its power. Ivane Javakhishvili describes the details of this battle. Also he widely touches upon the descriptions of the rules of such institutions as “Darbazoba” and Darbazi. This article also touches upon the issue “unanimous will and concord”. It was a compromise-settlement of the King who agreed to govern the state jointly with other members of higher nobility. The King had to take the decisions of the “Darbazi” into consideration and would have to endorse them, so “Karavi” was governing the country, the King remained as an executive. The author means, that the political programme drawn up by Kultu Arslani and his supporters were to create a representative state body with powers to pass decisions on all important affairs within state. The process of political development of Georgian people, which has great traditions, is revealed in Kultu-Arslani’s political opposition and programme, when the supporters, instead of bloody battle, showed the culture of political compromise and high state thought. The demand of pitching a tent in Isani included the signs of power division, constitutional monarchy and Parliamentary thinking