Law and World (E-Journal) / სამართალი და მსოფლიო
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დასაქმებულის შვებულების უფლება ევროკავშირსა და საქართველოში
Get PDFAccording to the EU-Georgia Association Agreement, article 354, Georgia took an obligation to carry out approximation of its legislation to the EU acts and international instruments, among other, regarding the labour law as well. This article discusses relevance of Georgian legislation to the EU requirements regarding the leave of an employee. At the same time comparative-legislative analysis of Georgian and German legislation regulating the leave issues is given in the article. The article concerns to the annual leave, as well as pregnancy, giving a birth and maternity leave issues
წამება როგორც დანაშაული და სასჯელი როგორც სახელმწიფოს ლეგიტიმური ზეწოლის მექანიზმი
Get PDFIn this work we have considered one of the acute problems in the Georgian Criminal law – the problem of torture perpetrator, the foremost demands of international conventions and the main issues of the draft law. We have separated negative and positive aspects of the code initiated by the Parliamentary committee of human rights protection and social integration
ტრანსნაციონალური კორპორაციები და ადამიანის უფლებები
Get PDFFinancially powerful Transnational Corporations, having an economic and political impact on host states, play an important role in a modern era of globalization. Transnational Corporation are capable of having a positive impact on host states’ economy, to adopt new technologies and create jobs. Although for many Transnational Corporations respect for labor, environmental and other social issues is part of their corporate standards, there are certain cases, especially in developing countries, when direct or indirect activities of Transnational Corporations leads to human rights violations
მესამე პირების ჩართვის მნიშვნელობა სამოქალაქო პროცესში
Get PDFThe Article considers the origin of the third-party institute in civil procedure, its development and value for implementation of the right of access to the court. It also includes comparative analysis of the regulations related to third parties stipulated in the project „The International Rules of Civil Procedure“ of the American Law Institute (ALI) and the International Institute for the Unification of Private Law (UNIDROIT) and the third persons envisaged in the Civil Code of Georgia
ბრალდებულის ქმედებისათვის მატერიალურად პასუხისმგებელი პირის ან/ და მასთან დაკავშირებული პირის ქონებაზე ყადაღის დადების სამართლებრივი საფუძვლები
Get PDFAccording to the regulations of the Criminal Procedure Code of Georgia, a person against whom there is no criminal prosecution (not considered to be in charge) has a right to appeal the court’s decision only once. In the Criminal Procedure Code, there is no other mechanism by which a person without a status of defendant against whom the investigation is being carried out and the use of seizure as a form of procedural compulsion, would be able to use the guaranteed right foreseen in the Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. According to European case-law (Qiome and others against Belgium) requisition was considered to be an arrangement, though National Legislation is not aware of identical norms of law and accordingly, a person cannot use defendant’s rights prescribed by the Criminal Procedure Code
სიამის ტყუპებთან დაკავშირებული საკითხები თანამედროვე ქართულ სამართალში
Get PDFThere is a legislative gap concerning the conjoined twins in many countries of the world, including Georgia, primarily because there are no targeted interdisciplinary researches, among them in the field of law, conducted with relevant intensity, scope and quality, which not only leaves some unanswered questions, but also causes the absence of questions at first glance. This text aims at promoting the legal issues on conjoined twins, identifying important questions (research topics) and providing an incentive for researchers to conduct a profound and detailed study of the issues discussed in the text
ოპერატიულ-სამძებრო საქმიანობა და არასრულწლოვანთა მართლმსაჯულება
No full textIn the current article the legislation of the juvenile justice during the investigation process is discussed, as well as the criminal liability of minors, procedure of administrative misdemeanor committed with the participation of a minor and on the particularities of the criminal procedure, sentence and special rules for other means of law enforcement. The purpose of the juvenile justice code is to protect the best interest of minor during judicial procedures, as well as re-socialization and rehabilitation of a minor being in conflict with the law, the avoidance of the repeated victimization of a minor
სპეციალიზაცია არასრულწლოვანთა მართლმსაჯულების პროცესში
Get PDFJuvenile crime is an international phenomenon and as the world’s juvenile justice system study shows, no country in the world could escape this problem. While all democratic and legal state is trying to create a humane criminal justice policy, International challenges are created in accordance with the laws of the liberal model of minors.This article discusses Specialization of all parties involved in juvenile justice, their role in the fair conduct of the process itself. The issueof international experience and practice of Georgia, As of January 1, 2016, also since it has been launched a new Juvenile Justice Code
დაზარალებულის უფლებრივი მდგომარეობა საქართველოს სისხლის სამართლის კანონმდებლობით
Get PDFThe analysis shows, that the role of the victim in the criminal proceedings is an issue of disputes. The practice is not similar, and every issue cannot be settled. Despite this, it is possible to find the balanced solution of the question; Victim’s rights can be protected well, without harming the interests of the accused. The recommendations for the amendment of the legislation can be defined in this way: The victim should be able to present in the evidence in the process. The victim should be given the right to appeal the decision made by the prosecutor, about not starting the criminal proceedings. The victim should be given the opportunity to appeal any kind of decision made by the investigator/prosecutor, in the process that is assessed as unfair, when there exists an objective doubt, that the decision violates his/her rights. The victim should be given the opportunity to appeal the plea-bargaining decision. Despite everything mentioned above, the victim should not be given the right to be in the role of the subsidiary prosecutor; The regulation, that changed this approach in Georgian legislation, should be considered as a success
JUDICIAL CONSIDERATIONS WHEN ADDRESSING FORENSIC MENTAL HEALTH ISSUES
Get PDFGenerally speaking, mental health issues have been a societal dilemma that has been lingering for decades, but largely ignored. Most importantly and equally embarrassing, the State of Florida has ranked 49th-50th out of the 50 states in the United States in per capita mental health funding by our legislature. Mental Illness is the predominant mental health issue in the United States. The very essence of mental illness is generally a very daunting problem that over the last two decades has evolved into a routine, reoccurring and challenging issue that criminal trial courts must address and focus upon with considerable detail and attention