E-JOURNALS OF UNIVERSITY SULKHAN-SABA ORBELIANI
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FOR THE HERMENEUTICS OF ARTICLE 8, PART 15, SENTENCE 2 OF THE CODE OF PROFESSIONAL ETHICS OF LAWYERS
No full textThe paper focuses on the lawyer’s right protected by the Code of Professional Ethics for Lawyers of Georgia (second sentence of Section 15 of Article 8) – upon termination of defending the client’s interests, out of the funds to be returned to the client, to deduct the fee for services rendered and expenses incurred before terminating the client-lawyer relationship, as well as on the content and scope of this right, the opinions expressed by the Ethics Commission, the practice of the Disciplinary Chamber of the Supreme Court of Georgia and the foreseeability of the norm are discussed. In interpreting the standard, the Ethics Commission takes liberties and changes its content in such a way that it transforms the lawyer’s right into an obligation. The wording of the second sentence of Section 15 of Article 8 of the Professional Ethics Code of Lawyers is not exhaustive, the literal and objective definition does not allow for such a broad interpretation that the obligation to return the funds should be extended to the lawyer’s unearned fee and advance fee. As a result of a comparative study, it can be said that within the framework of the current edition – under “to return funds” it does not include the obligation to return the lawyer’s unearned fee and advance fee and it is necessary to formulate the article with a new wording.The paper focuses on the lawyer’s right protected by the Code of Professional Ethics for Lawyers of Georgia (second sentence of Section 15 of Article 8) – upon termination of defending the client’s interests, out of the funds to be returned to the client, to deduct the fee for services rendered and expenses incurred before terminating the client-lawyer relationship, as well as on the content and scope of this right, the opinions expressed by the Ethics Commission, the practice of the Disciplinary Chamber of the Supreme Court of Georgia and the foreseeability of the norm are discussed. In interpreting the standard, the Ethics Commission takes liberties and changes its content in such a way that it transforms the lawyer’s right into an obligation. The wording of the second sentence of Section 15 of Article 8 of the Professional Ethics Code of Lawyers is not exhaustive, the literal and objective definition does not allow for such a broad interpretation that the obligation to return the funds should be extended to the lawyer’s unearned fee and advance fee. As a result of a comparative study, it can be said that within the framework of the current edition – under “to return funds” it does not include the obligation to return the lawyer’s unearned fee and advance fee and it is necessary to formulate the article with a new wording
STANDARD OF THE PROCESSING OF THE PERSONAL DATA DURING A VIDEOMONITORING OF EMPLOYEES’ WORKSPACE
No full textProtection of personal data is a challenge for Georgian and not only Georgian law and practice. The article analyzes the latest legal approaches, foreign literature and international case law using a comparative legal method. The paper specially focuses on the new Georgian law on Personal Data Protection, which came into force a few months ago and provides specific rules for video monitoring/video surveillance. There is no any judgements or decisions by the Georgian general courts on the regulation established by the new law and its problematic issues. Therefore, the present article analyzes the EU’s experience and the trends of its implementation in the Georgian reality. There are several decision of ECtHR concernin the processing of personal data through video monitoring of the employee’s workspace. These decisions are so important that they are mentioned in almost all modern legal literature. Therefore, the article overviews them and discusses Georgian legislation and legal practice in the light of the ECtHR’s case law.Protection of personal data is a challenge for Georgian and not only Georgian law and practice. The article analyzes the latest legal approaches, foreign literature and international case law using a comparative legal method. The paper specially focuses on the new Georgian law on Personal Data Protection, which came into force a few months ago and provides specific rules for video monitoring/video surveillance. There is no any judgements or decisions by the Georgian general courts on the regulation established by the new law and its problematic issues. Therefore, the present article analyzes the EU’s experience and the trends of its implementation in the Georgian reality. There are several decision of ECtHR concernin the processing of personal data through video monitoring of the employee’s workspace. These decisions are so important that they are mentioned in almost all modern legal literature. Therefore, the article overviews them and discusses Georgian legislation and legal practice in the light of the ECtHR’s case law
Analysis of the Monomodel, Multimodel, and Intermodel Interdependence of Religions in the Process of Interreligious Dialogue in Georgia
No full textIn the last decade, there has been a great interest in the extent to which religion can play a positive role in conflict settlement and peacebuilding. The peaceful coexistence of religions is of particular importance, especially if we consider that it is one of the main determining factors of the individual and collective identities of the opposing sides. Religious norms and values are central aspects of cultural identity. Other values, such as cultural values, can also lead people to both conflict and reconciliation. In the era of globalization, the development of intercultural competencies and the promotion of intercultural and interreligious dialogue are considered as among the most important prerequisites for a meaningful and harmonious coexistence in the modern world. The main paradigm of our age is the intense relationship between different groups and individuals. The contact between different cultures and religions is growing, and the ties between different groups are deepening. Today, it is almost impossible to see a homogeneous society, one whose members are of the same culture and profess the same religion. It is a paradox that as much as globalization promotes financial and economic integration, it also promotes cultural and social disintegration, seeing people inventing new boundaries in order to distinguish themselves, separate and distance themselves from carriers of different cultures, whose proximity causes them discomfort. The purpose of the study is to present existing models of inter-religious dialogue and cooperation between representatives of different religions in Georgian society, and to discuss their projections of inter-religious attitude. Religious differences were often seen as obstacles to conflict resolution and peacebuilding. All religions preach peace, but religion is often also a source that legitimizes hatred and violence. The peaceful coexistence of religions is of particular importance, considering that it is one of the main determining factors of the individual and collective identity of the conflicting parties. We can distinguish three models of interdependence of religions: Monomodel, Multimodel, and Intermodel. It is interesting to identify which models are possible in Georgia, and in what form these models are presented in the discourses of secular and clerical persons.In the last decade, there has been a great interest in the extent to which religion can play a positive role in conflict settlement and peacebuilding. The peaceful coexistence of religions is of particular importance, especially if we consider that it is one of the main determining factors of the individual and collective identities of the opposing sides. Religious norms and values are central aspects of cultural identity. Other values, such as cultural values, can also lead people to both conflict and reconciliation. In the era of globalization, the development of intercultural competencies and the promotion of intercultural and interreligious dialogue are considered as among the most important prerequisites for a meaningful and harmonious coexistence in the modern world. The main paradigm of our age is the intense relationship between different groups and individuals. The contact between different cultures and religions is growing, and the ties between different groups are deepening. Today, it is almost impossible to see a homogeneous society, one whose members are of the same culture and profess the same religion. It is a paradox that as much as globalization promotes financial and economic integration, it also promotes cultural and social disintegration, seeing people inventing new boundaries in order to distinguish themselves, separate and distance themselves from carriers of different cultures, whose proximity causes them discomfort. The purpose of the study is to present existing models of inter-religious dialogue and cooperation between representatives of different religions in Georgian society, and to discuss their projections of inter-religious attitude. Religious differences were often seen as obstacles to conflict resolution and peacebuilding. All religions preach peace, but religion is often also a source that legitimizes hatred and violence. The peaceful coexistence of religions is of particular importance, considering that it is one of the main determining factors of the individual and collective identity of the conflicting parties. We can distinguish three models of interdependence of religions: Monomodel, Multimodel, and Intermodel. It is interesting to identify which models are possible in Georgia, and in what form these models are presented in the discourses of secular and clerical persons
მტკიცების პროცესი კაპიტალური ტიპის საზოგადოების პარტნიორის/აქციონერის გამჭოლი პასუხისმგებლობის დროს
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Solomon Dodashvili and the Catholic Church in Georgia
No full textSolomon Dodashvili (1805-1836) was the first Georgian to acquire a civilian university education. He graduated from the Faculty of Law and Philosophy at St. Petersburg University, where he developed and published a work entitled ‘Introduction to Philosophy - Logic,’ which received high praise from specialists, and was recognized as a textbook in the Russian Empire. Dodashvili was offered training as a university professor, but chose to return to his homeland, Georgia, to engage in scientific, pedagogical, and journalistic activities. In 1832, he was arrested on charges of participating in a conspiracy against Russian rule, and was exiled to the central Russian province of Vyatka, where he suffered from phthisis and died. Despite only living a five-year creative life there, he managed to leave behind a rich written legacy. While there is abundant scientific literature on the life and work of Solomon Dodashvili, his relationship with the Roman Catholic Church has not yet been extensively studied. Therefore, the introduction of any new material into this field of research should be considered a desirable event. Several pieces of such material are offered to the general public for the first time through this research. Zakaria Chichinadze was the first researcher to dedicate a monographic work to Solomon Dodashvili, in 1893. The work contains a unique report stating that Dodashvili developed close relations with Catholic priests while studying at the theological seminary in Tbilisi, and learned Latin and French with their help. Later, while working as a high school teacher and editor of the magazine ‘Tbilisis Utskebani’ (Tbilisi News), and actively participating in the national liberation movement, Dodashvili became close with Polish immigrants in Georgia, as well as with local Catholics and public figures such as Aleksandre Chikovani and Luka Isarlishvili, who most likely collaborated in his political organization. This organization was characterized by national and religious diversity. It is commonly known that Luka Isarlishvili was a Catholic, but the statement regarding the religion of Aleksandre Chikovani constitutes new and unique information. Solomon Dodashvili‘s name is associated with the first depiction of the activity of the Georgian Catholic Church in the Georgian press.Solomon Dodashvili (1805-1836) was the first Georgian to acquire a civilian university education. He graduated from the Faculty of Law and Philosophy at St. Petersburg University, where he developed and published a work entitled ‘Introduction to Philosophy - Logic,’ which received high praise from specialists, and was recognized as a textbook in the Russian Empire. Dodashvili was offered training as a university professor, but chose to return to his homeland, Georgia, to engage in scientific, pedagogical, and journalistic activities. In 1832, he was arrested on charges of participating in a conspiracy against Russian rule, and was exiled to the central Russian province of Vyatka, where he suffered from phthisis and died. Despite only living a five-year creative life there, he managed to leave behind a rich written legacy. While there is abundant scientific literature on the life and work of Solomon Dodashvili, his relationship with the Roman Catholic Church has not yet been extensively studied. Therefore, the introduction of any new material into this field of research should be considered a desirable event. Several pieces of such material are offered to the general public for the first time through this research. Zakaria Chichinadze was the first researcher to dedicate a monographic work to Solomon Dodashvili, in 1893. The work contains a unique report stating that Dodashvili developed close relations with Catholic priests while studying at the theological seminary in Tbilisi, and learned Latin and French with their help. Later, while working as a high school teacher and editor of the magazine ‘Tbilisis Utskebani’ (Tbilisi News), and actively participating in the national liberation movement, Dodashvili became close with Polish immigrants in Georgia, as well as with local Catholics and public figures such as Aleksandre Chikovani and Luka Isarlishvili, who most likely collaborated in his political organization. This organization was characterized by national and religious diversity. It is commonly known that Luka Isarlishvili was a Catholic, but the statement regarding the religion of Aleksandre Chikovani constitutes new and unique information. Solomon Dodashvili‘s name is associated with the first depiction of the activity of the Georgian Catholic Church in the Georgian press
King Erekle I and Catholicism (A New Aanalysis of the Problem)
No full textThe Capuchin missionary Giuseppe Antonio Romano, in his report sent from Tbilisi on August 15, 1675, informs us that in April of the same year, he participated in negotiations to achieve the unification of the Armenian and Catholic churches in Iran. During this period, at the court of Shah Suleiman I (1666-1694), there was a contender for the throne of the Kingdom of Kakheti, Erekle I (also known as Irakli, or Heraclius), who had arrived from Moscow and had no intention of ascending to the throne in exchange for changing his faith. It was revealed that he contacted father Francesco Piscopo of Nakhchivan, who was present at the Shah’s court, with the aim of resolving Nakhchivan’s Catholic debt and unifying the Armenian and Catholic churches. According to the same source, Erekle appealed to father Francesco Piscopo, requesting acceptance into the Roman Church. From the indirect information recorded in the source, the following conclusion is drawn: Prince Erekle’s appeal to father Piscopo was aimed at leveraging his significant embassy and seeking an ally before the Shah in the person of the Pope. In inclining towards Catholicism, Erekle sought to demonstrate to the Shah, who tolerated Catholic missionaries within the empire, his disassociation from Orthodox Russia and support for the Western orientation of the Iranian court, while highlighting the potential benefits he could bring to the Shah’s court by embracing Catholicism, rather than converting to Islam. Therefore, as part of the mutually advantageous relationship between the Roman Curia and the Shah’s court, Prince Erekle endeavored to enlist the Pope as an intermediary at the Shah’s court, with the hope that the latter would support his claim to the throne of Kartli or Kakheti as a Christian rulerThe Capuchin missionary Giuseppe Antonio Romano, in his report sent from Tbilisi on August 15, 1675, informs us that in April of the same year, he participated in negotiations to achieve the unification of the Armenian and Catholic churches in Iran. During this period, at the court of Shah Suleiman I (1666-1694), there was a contender for the throne of the Kingdom of Kakheti, Erekle I (also known as Irakli, or Heraclius), who had arrived from Moscow and had no intention of ascending to the throne in exchange for changing his faith. It was revealed that he contacted father Francesco Piscopo of Nakhchivan, who was present at the Shah’s court, with the aim of resolving Nakhchivan’s Catholic debt and unifying the Armenian and Catholic churches. According to the same source, Erekle appealed to father Francesco Piscopo, requesting acceptance into the Roman Church. From the indirect information recorded in the source, the following conclusion is drawn: Prince Erekle’s appeal to father Piscopo was aimed at leveraging his significant embassy and seeking an ally before the Shah in the person of the Pope. In inclining towards Catholicism, Erekle sought to demonstrate to the Shah, who tolerated Catholic missionaries within the empire, his disassociation from Orthodox Russia and support for the Western orientation of the Iranian court, while highlighting the potential benefits he could bring to the Shah’s court by embracing Catholicism, rather than converting to Islam. Therefore, as part of the mutually advantageous relationship between the Roman Curia and the Shah’s court, Prince Erekle endeavored to enlist the Pope as an intermediary at the Shah’s court, with the hope that the latter would support his claim to the throne of Kartli or Kakheti as a Christian rule
მარიამ ყაუხჩიშვილი – ქალი რეფორმატორი
Full text linkA supporter of Euro-American ideas, and their implementer in Georgian reality, Mariam Kaukhchishvili sought the reformation of the Georgian educational system, defense of women’s rights, and the revival of Georgian theatre. Born in Kutaisi (1866), she was a graduate of the St. Nino School. Mariam Kaukhchishvili successfully finished a pedagogy course at Geneva University, after which, she carried out a great reform in the Georgian educational system, inspired by the learning and teaching processes at the Swiss University and French secondary and nursery schools. In 1908, in line with the American educational system, she introduced co-educational learning to her women’s school, which, at that time, was both a progressive and democratic decision. She also established free studies for poor pupils with money raised by public charity and different events. From 1911, she chaired the Kutaisi Women’s Society, which tried to prove to conservative society that “a woman was not created only for motherhood, sweet feelings and to make the world more beautiful”. Mariam Kaukhchishvili had democratic ideas about the awareness and consciousness of the Georgian people. Besides reforms in the educational system, she took an active part in the development of Georgian drama, connecting theatre to life, and introducing the principles of realism. Together with other great Georgian patriots of the time, Mariam Kaukhchishvili did her best to revive and reform the educational field, to introduce actresses into the Georgian theatre, and to somehow change women’s rights and equality in the Georgian reality. A supporter of Euro-American ideas, and their implementer in Georgian reality, Mariam Kaukhchishvili sought the reformation of the Georgian educational system, defense of women’s rights, and the revival of Georgian theatre. Born in Kutaisi (1866), she was a graduate of the St. Nino School. Mariam Kaukhchishvili successfully finished a pedagogy course at Geneva University, after which, she carried out a great reform in the Georgian educational system, inspired by the learning and teaching processes at the Swiss University and French secondary and nursery schools. In 1908, in line with the American educational system, she introduced co-educational learning to her women’s school, which, at that time, was both a progressive and democratic decision. She also established free studies for poor pupils with money raised by public charity and different events. From 1911, she chaired the Kutaisi Women’s Society, which tried to prove to conservative society that “a woman was not created only for motherhood, sweet feelings and to make the world more beautiful”. Mariam Kaukhchishvili had democratic ideas about the awareness and consciousness of the Georgian people. Besides reforms in the educational system, she took an active part in the development of Georgian drama, connecting theatre to life, and introducing the principles of realism. Together with other great Georgian patriots of the time, Mariam Kaukhchishvili did her best to revive and reform the educational field, to introduce actresses into the Georgian theatre, and to somehow change women’s rights and equality in the Georgian reality.  
CRITIQUE OF HARTIAN NEOPOSITIVISM BY DWORKI
No full textHart-Dworkin’s debate concerns judicial methods of justice and is one of the wellknown academic disputes of the twentieth century jurisprudence. They discuss the scope of judicial discretion, questions of the rule of law and methods of judicial decision-making in “hard cases”. The article reviews the Dworkinian critique of the main postulates of Hartian neopositivism, with a particular focus on the scope and role of the judge in the exercise of judicial discretion in “hard cases”.Hart-Dworkin’s debate concerns judicial methods of justice and is one of the wellknown academic disputes of the twentieth century jurisprudence. They discuss the scope of judicial discretion, questions of the rule of law and methods of judicial decision-making in “hard cases”. The article reviews the Dworkinian critique of the main postulates of Hartian neopositivism, with a particular focus on the scope and role of the judge in the exercise of judicial discretion in “hard cases”