Law and World (E-Journal) / სამართალი და მსოფლიო
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აჭარის ავტონომიის სამართლებრივი სტატუსი
Get PDFSince the introduction of idea of autonomous government of Adjara within Georgia (1917) till the first Constitution of Adjarian Autonomous Soviet Socialist Republic (1937),legal status of Adjara had been regulated by people’s assemblies and Party resolutions, as well as by several legal acts. During this period Adjarian Autonomy had neither governmental nor so-called “dual” sovereignty, had no international legal subjectivity and no own citizenship. From the legal point of view, during 1917-1937 years, the main subject of Adjarian Autonomy was meeting legitimate interests of state sovereignty protection. Within the Georgian state borders, partially independent from the central government, under own responsibility, the Autonomy was addressing issues within requisite authority. The goal was protection of collective rights of minorities that mainly was expressed in preserving individuality, religious identity and personality
საკონსტიტუციო ცვლილებების სამართლებრივი ასპექტები
Get PDFThe paper discusses the issue regarding a potential biological father when he is against the transfer of the created embryo(s) (by means of artificial fertilization), before having the embryo transferred into the body of a surrogate mother, and/or when he requests the medical facility to destruct the embryo(s), but the potential biological mother is willing to carry out the above-mentioned transfer
სასამართლო და არასასამართლო მედიაციის ურთიერთმიმართება , სასამართლო მედიაციის მედიაციის ფორმების გამიჯვნის აუცილებლობა საქართველოში და მოსამართლის უფლებამოსილება თითოეულის წარმართვისას
No full textThe analysis shows that the existing regulation of the issues discussed herein cannot be regarded as complete. Despite the fact that international experience varies and different approaches may not be all a matter of reconciliation, it is possible to expand the scope of the power of a judge, in order to protect the right to a fair trial, as one of the fundamental principle of law
რბილი სამართალი, როგორც კორპორაციული მართვის მოწესრიგების თანამედროვე ევროპული მეთოდი
Get PDFUsing a comparative legal study and based on the samples of Germany, The UK and EU system of corporate governance, this article reviews the importance of soft law in the field of corporative governance. The main problem, solving of which is tried by respective European regulation, is a real and proper operation of soft law in corporate governance codes. This appears to be the basis of the recommendations made by the European Commission regarding the quality of corporate governance reporting. The part of the document focuses on the growth of the principle“comply or explain,“ under which the companies share either corporate governance requirements under respective codes or properly substantiate reasons of not sharing it. This information is published in the annual corporate governance reports. Publication of such reports is obligatory for large corporations in Germany and The UK
დირექტორის დამოუკიდებლობის ფარგლები სააქციო საზოგადოებაში
Get PDFUsing a comparative legal study based on the example of Georgian and German systems of corporate governance this article reviews the issues connected to the independence of directors. On the background of the study carried out in the article, we may conclude that Georgian corporate governance model faces some problems in this regard, meaning that here we do not meet legislative order, which normatively defines standards of independence of directors of joint stock company, adopts provisions needed for provision of independence in real situation. But these are the issues, which are necessary to be arranged in order to set an effective model of corporate governance. Thus, it is important to define the question how to limit decisions made by directors, meaning whether they shall be given free choice in the field of company management. For this purpose, Georgian law on Entrepreneurs should directly define the issues of personal liability of a director, as of company manager and based on this, should ensure guarantees of relevant independence. As well as for the effective management of joint stock companies it will be better to implement, as far as possible, requirement for personal skills of a director, by applying of which the director will be able to fulfill assigned tasks in an effective manner
ხელშეკრულებაზე უარის თქმისა და შესრულებაზე უარის თქმის უფლებების, როგორც ხელშეკრულების სტანდარტული პირობების ბათილად ცნობა
Get PDFAnnulment of the standard conditions of agreement such as a right to terminate agreement and abnegation of its execution is one of the actual problems for issuance of legal result considered by standard agreement.For the resolution of the issue, it is important to evaluate the infl uence of Article 347-348 of Georgian Civil Code on the interdependence of standard or individually agreed conditions. One of the main identification factor for annulment of the respective clause is related to an issue of which resolution has to be considered for the solution of disputed condition.It is reasonable to use international unifi ed regulations and principles on the base of proper analysis in order to study and reveal the gaps of existing law and to conduct them in practice. Such approach has to provide step forward to keep the legal balance of litigants. 
სამართლის ნორმა შეფარდებისა და მისი მეთოდების პრობლემა
Get PDFIn the current article the problems of applying legal norm and its methodology are discussed. It is proved that the legal norm enters the legal order in the form of the legal relations. The subject of law is obliged to act lawfully and shall address this obligation with due responsibility. Unfortunately, the subject of law often breaches the obligation to act lawfully and does not treat this obligation with due responsibility, that is culpably. For this reason the problem arises: the court conforms that legal norm to the offender which the subject of law have not fulfilled voluntarily. There exist several methods for applying the legal norm: deduction that is moving from the general to concrete, induction, i.e. concluding from concrete towards general; reduction – that is deriving from outcome towards the basis, when the court makes a retroactive conclusion from the composition of omitted act, that means the subject of law could act lawfully and taken responsibility for the obligation, therefore he/she acted unlawfully and culpably
არასრულწლოვანთა მართლმსაჯულების კოდექსი - დასჯის თუ აღზრდის სამართალი?!
Get PDFYouth crime problem exists not only in our country, it is global. Various crimes arise in the society depending on what is the cause and the development of the circumstances. Crime can be an act of various types and committed by variety of individuals or groups of individuals. The most important of these are the crimes committed by juveniles. The article “Juvenile Justice Code – law on punishment or upbringing?!” discusses the Juvenile Justice Code, which is in force in Georgia from January 2016 and established with all the best standards in the field of Juvenile Justice that includes international legal acts. In present time, the most important goal is not to punish the juvenile for committing a crime, but rather encourage the juvenile rehabilitation and reintegration. The article deals with penalties, which the Code introduced and their impact on the reduction of juvenile crime
მართლწინააღმდეგობისა და ბრალის გამომრიცხველი ზეკანონური გარემოებების კვალიფიკაციის ძირითადი ასპექტები
Get PDFCircumstances excluding criminal responsibility are actual forseveral reasons: lack of not guilty verdict; these issues are not theoriticaly processed in Georgian legal literature. That is why our research is dedicated to the circumstances excluding criminal responsibility. Definition of crime consists of three main steps: act, unlawfulness, guilt. Therefore, cirscumstances excluding criminal responsibility are devided in two main groups: Circumstances Excluding the Criminal nature of an action and Circumstances excluding and mitigating guilt. Artciles 32 and 38 of the Criminal Code of Georgia regulate issues connected with releasing from criminal liability for other legally justifiable acts and releasing from criminal liability for other non-culpable actions. These are cisrcumstances, which must be established by judicial practice. Unfortunately, there is no case law about these issues. With this thesis, we tried to make clear the essential issues about excluding criminal responsibility and we hope that the research will have an impact on the interpretation of articles 32 and 38
დანაშაულის ცნების გერმანული და გენეზისური მოდელების შედარებითი ანალიზი
Get PDFIn the Section 1 of Article 7 of Criminal Code of Georgia, it is reflected German model of the concept of crime with the following three elements: composition of action, its illegitimacy and blame of entity. Unfortunately, the genesis of criminal action it is not taken into consideration in this model of the concept of crime, as the conduct of the crime does not begin with the implementation of legislative composition of action, but with the blame of the entity, when the latter approaches to the action of lawful obligation with irresponsibility, i.e. with guilt. This infringes the obligation of lawful acts and then legislative composition of the action is executed. This is genesis model of the concept of crime, in which the criminal elements are set into contrary order to the German model: blame, illegitimacy and composition of action