Law and World (E-Journal) / სამართალი და მსოფლიო
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უცხოელთა და საზღვარგარეთ რეგისტრირებული იურიდიული პირების სამართლებრივი მდგომარეობა საქართველოში სასოფლო – სამეურნეო დანიშნულების მიწის საკუთრებასთან დაკავშირებით
Get PDFRecently, in a society, neither not so groundlessly, has become the object of actual discussion the issue about the restriction or prohibition of alienation of such exhaustive resource as agricultural land on foreigners. Regarding this, has been already submitted a draft law in the parliament. The aim of this publication is to overview, search and legal analyze of the legal status of the foreigners and abroad registered legal persons in Georgia regarding the property of agricultural land from the moment of enacting the Georgian law with regard to the property of agricultural land until today. The ground of promulgation of this publication has become the desire for replying publicly on those legal issues, in which not so seldom are interested the foreign citizens and representatives of abroad registered legal persons, that have the ownership of agricultural land in Georgia, or the ones, that have a wish for acquiring the agricultural land. I think that for the named addressees, also for any persons interested in these issues the replies on the aforesaid issues are useable.
სამართლის ისტორია, როგორც პრაქტიკული მეცნიერება და არგუმენტაციის თეორია
Get PDFHistorical law research is one of the key directions of European law science. The history of justice keeps its actuality alive. History of law belongs to cultural sciences. It will examine the cultural processes of reception of law. The history of law is a history of law reception. The history of justice is not just “history of law”. It is a history of comparative law. The history of law is interdisciplinary. Its subdivisions will study the history of origin and development of separate fields of law. Most of the inspired research areas are the history of private law and constitution. The history of law has great practical significance with cognition. Law history data is used in modern law-making activity. The history of law is the search for justice. From this point of view, the history of the law is argumentative for the legislature. The existence of the old norms or the old legal institutions in modern reality or establishing them in the future, in it, prescribes the law of argumentative nature. The history of law is often a source of legitimacy for legislative work
საკუთრების უფლების შეძენა უძრავ ქონებაზე - კონსტიტუციური ბალანსი თავდაპირველი მესაკუთრისა და კეთილსინდისიერი შემძენის ინტერესებს შორის (საქართველოს საკონსტიტუციო სასამართლოს 2017 წლის17 ოქტომბრის №3/4/550 გადაწყვეტილების ანალიზი
Get PDFAn unfettered transfer of property rights represents an inherent part of the constitutional right to property. It is widely conceived as a cornerstone of modern free market economy. The regulation of property alienation has evolved considerably from the ancient times till today, when registration of immovable property is an accepted practice. Despite various regulatory models exist worldwide, almost every state has moved to set up a centralised public registry in order to ensure recognition of ownership of real estate
გრიგოლ რცხილაძის სტატიის – „მორალური ზიანის ანაზღაურება“ – ანალიზი
Get PDFField of activity of this article’s author Grigol Rtskhiladze is diverse. He was a lawyer, a literary critic, and a scientist. Analysis of Grigol Rtskhiladze s scientific article has shown that compensating non-material damage belongs to the category of serious problems. At the same time, it is determined that the nature of damage can be determined according to how much cash equivalence it will have
ეთიკური ბოჭვის ფარგლები შრომითი დავების მედიაციის პროცესში
Get PDFThe existence and the development of mediation, does not mean, that this institute is universal. From the multiple types of disputes, every can not be resolved by mediation. But the evaluation of the the practice, shows, that solving the labor disputes by mediation is approved. And this type of disputes are the ones, where the possibility of the success of the process increases. Considering this, in the article the issue of submission the labor disputes to the mandatory court mediation is discussed; The specifi c nature of the administration of the non-court annexed mediation the has been defi ned; The necessity of regulating the ethical issues connected with mediation, has been discussed; It has been explained, how the principles of the institute work, during the mediation of labor disputes. Considering the necessity to make the changes in the legislation, the concrete alternatives been suggested. Each sugges
აუცილებელი მოგერიების ზოგად სამართლებრივი დახასიათება
Get PDFSelf-defense is one of the oldest circumstance, excluding criminal responsibility. In some cases, it is quite diffi cult to separate self-defense from criminal behavior. For assessment, we have to consider not only theoretical basis of self-defense, but also, arguments given in court decisions. Georgian case law comprises some interesting decisions on self-defense. According to the analysis of Georgian case law, it is clear that with regard to the qualifi cation of self-defense it is important to measure an act of the person acting in self-defense with the character and the threat of assault. In this case, main criteria are, physical skills of the person acting in self-defense and of the assailant, drunkenness, weapon/measures used for defense, conditions of defense etc
ადამიანის უფლებათა უცხოურენოვანი მოკლე იურიდიული ფრაზეოლოგია ქართული მეცნიერული განმარტების თანხლებით
No full textThe work was born out of past years of experience as a student and a professor of international and comparative human rights law in both – Georgia and abroad. When I began to study this fi eld I hardly understood defi nitions of words and terms, leaving me with serious gaps in my knowledge or with misunderstandings. So I became convinced of the value of defi ning terms for students so that they should understand the texts and lectures they would subsequently seek to digest, analyze and understand. The results were clear and positive. I observed inability of Georgian students to relate the terms they had learned in their native language with the equivalent terms in English and Spanish; For example, Amparo and Habeas Corpus. Once they learned the meaning of the English term, they could relate it to what they had learned in their own language. And thus, were better able to understand the subject matter in English, in other foreign languages and in their mother tongue. I hope that using this work will help students to maximize their understanding of the subject and minimize any misunderstandings. The work defi nes terms commonly found in human rights discourse primarily in the legal and political realms. Some of the terms defi ned are not specifi c to human rights, such as Mutatis Mutandis. Although these words have no special meaning or nuance in relation to human rights, they nonetheless appear in the literature and discourse of human rights with frequency, and often without definition
ხალხთა თვითგამორკვევის უფლების თანამედროვე გამოწვევები და მისი განხორცილების ძირითადი საერთაშორისო სამართლებრივი ასპექტები
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
სასჯელის მოხდისაგან პირობით ვადამდე გათავისუფლება – ლეგიმეტრიული გააზრება
Get PDFValue judgment is highly important in terms of criminal law. Facts need not only to be described or explained but to be judged as well. This inevitably requires measuring operations to be produced especially when it comes to punishment. It shall be done necessarily. Legimetry is a relatively new discipline which aims to elaborate effective techniques of measurement. Present study is a humble attempt to comprehend the provisions on parole imposed by Georgian legislation through legimetry and fi nd out whether they comply with the basic principles of criminal law. Consequently we came to the following conclusions: To ensure both fairness and effectiveness of punishment the principle of proportionality of criminal liability and punishment must be respected during both stages: sentencing and enforcing the sentence, as well as during the parole hearing. Each parole decision should be reasoned in terms of whether the goals of sentence are already achieved (thus further serving of punishment is unnecessary) or whether they will be achieved more effi ciently if the parole is granted. The standard of legal reasoning should be settled by the law (not by a by-law) and reinforced by the clear system of measurement reasonably limiting discretion and preventing arbitrary decisions. The opposite may cause the increase of personal/social disintegration. The provisions on parole imposed by Georgian legislation do not fulfi ll the requirements proposed above. Thus, they don’t comply with the principle of proportionality of criminal liability and punishment. A fundamental revision of the legislation is needed to correct those deviations
„საადვოკატო გამოძიების“, როგორც სამართლებრივი ინსტიტუტის იურიდიული ბუნება
Get PDFThis paper aims to provide readers with the new legal institution, which is called the ‘attorney’s investigation’. In 2009, adopted criminal procedure code introduced innovation in criminal proceedings. At a fi rst glance, the human rights are more effectively dealt, affi rmative action mechanisms are increased in favor of accused and defendant. The new law granted to defendant the right to conduct an independent investigation in the criminal case and to introduce to the court the evidence obtained as a result of the investigation that has equal power in comparison with the one obtained by the prosecution. The paper will focus on conceptual issues of“attorney’s investigation“ and examine its legal nature, goals and objectives. The paper will also discuss different ways and possibilities for the lawyers to obtain the evidence during the“attorney’s investigation“ process