E-JOURNALS OF UNIVERSITY SULKHAN-SABA ORBELIANI
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THE PRINCIPLE OF TRANSPARENCY OF PUBLIC ADMINISTRATION AS AN ELEMENT OF THE RIGHT TO GOOD GOVERNENCE
No full textArticle 18 of the Constitution of Georgia defines good governance as the right to fair administrative proceedings, the right to access public information, the right to informational self-determination, and compensation for damages caused by public authorities. The right to “Good Governance” means an impartial, fair, and timely decision-making process. Also, it implies transparency and full involvement of the interested party in the decision-making process. In 2011 Georgia joined the Open Government Partnership’s (OGP) initiative. The Government of Georgia undertook to ensure the openness of governance, transparency, and accountability to the public, as fundamental values for a democratic society, as well as to continue establishing the founding principles of open governance partnership in public administration. This article presents the whole range of issues of public administration transparency, considering the forms of its implementationArticle 18 of the Constitution of Georgia defines good governance as the right to fair administrative proceedings, the right to access public information, the right to informational self-determination, and compensation for damages caused by public authorities. The right to “Good Governance” means an impartial, fair, and timely decision-making process. Also, it implies transparency and full involvement of the interested party in the decision-making process. In 2011 Georgia joined the Open Government Partnership’s (OGP) initiative. The Government of Georgia undertook to ensure the openness of governance, transparency, and accountability to the public, as fundamental values for a democratic society, as well as to continue establishing the founding principles of open governance partnership in public administration. This article presents the whole range of issues of public administration transparency, considering the forms of its implementatio
COMPARATIVE ANALYSIS OF THE LAWS ON THE STATE LANGUAGE IN THE COUNTRIES OF THE SOUTH CAUCASUS
No full textAll three states of the South Caucasus – Azerbaijan, Georgia, and Armenia are involved in the “European neighborhood policy”, which indicates their sharing of general European values and harmonization of current and future legislation with the European legal system. From this point of view, their legislation on the state language is important since the state language is a means of impacting the realization of the principles of the communicative unity of the state, political consolidation, and territorial integrity of the country.Therefore, a comparative analysis of the development of the state language in the countries of the South Caucasus, linguistic sovereignty, human linguistic rights, and relations between the linguistic majority and the minority is relevant. The mentioned analysis will contribute to the mutual sharing of experience in the language policy of the South Caucasus countries.The paper compares the state language legislation of Azerbaijan, Georgia, and Armenia, the title and status of the law, the date and structure of the law, the preamble, the constitutional status of the state language, mandatory knowledge of the state language, areas of use of the state language, types of languages, the language of education, protection of the state language.The paper shows that the determination of the status of the state language is one of the central and important issues in the legal regulation of language relations, as it concerns not only the normative basis of language use in the state but also the rights of speakers of this or that language (both individuals and ethnic groups).All three states of the South Caucasus – Azerbaijan, Georgia, and Armenia are involved in the “European neighborhood policy”, which indicates their sharing of general European values and harmonization of current and future legislation with the European legal system. From this point of view, their legislation on the state language is important since the state language is a means of impacting the realization of the principles of the communicative unity of the state, political consolidation, and territorial integrity of the country.Therefore, a comparative analysis of the development of the state language in the countries of the South Caucasus, linguistic sovereignty, human linguistic rights, and relations between the linguistic majority and the minority is relevant. The mentioned analysis will contribute to the mutual sharing of experience in the language policy of the South Caucasus countries.The paper compares the state language legislation of Azerbaijan, Georgia, and Armenia, the title and status of the law, the date and structure of the law, the preamble, the constitutional status of the state language, mandatory knowledge of the state language, areas of use of the state language, types of languages, the language of education, protection of the state language.The paper shows that the determination of the status of the state language is one of the central and important issues in the legal regulation of language relations, as it concerns not only the normative basis of language use in the state but also the rights of speakers of this or that language (both individuals and ethnic groups)
A COMPARATIVE ANALYSIS OF THE REALIZATION OF THE PRINCIPLES OF PEACE JOURNALISM IN THE MEDIA COVERAGE OF LOCAL AND INTERNATIONAL CONFLICTS (ON THE EXAMPLE OF GEORGIAN-LANGUAGE MEDIA RESEARCH)
No full textBased on research into contemporary Georgian media, the article aims to provide a critical understanding of the principles of peace journalism. Galtung and Ruge’s principles of peace journalism, based on research of Norwegian news media coverage of conflicts in foreign countries and an important part of their critical understanding are built on a unified approach that considers all media as a kind of entity of homogeneous subjects and thus carries universal content, the lack of differentiation in mass media between local and international media working on the conflict case, as well as between covering local and international news, should have been a problem in implementing the principles. This should be expressed in the intensity with which some of the obligations contained in the principles are implemented, because the media’s ability to fulfill them would be essentially limited, depending on their various broadcasting spaces and audiences.These principles, which were developed in the spirit of modernism, are likely to fluctuate in the modern media of the countries affected by the current conflict, just as they do in Georgia’s modern media. The synthetic content analysis of the cross-sectional content selection of three Georgian media outlets, as information agencies operating in a conflict-affected state examines the intensity of the implementation of the four principles of the concept of peace journalism and investigates the circumstances that facilitate or hinder the implementation of the specified principle. Based on research into contemporary Georgian media, the article aims to provide a critical understanding of the principles of peace journalism. Galtung and Ruge’s principles of peace journalism, based on research of Norwegian news media coverage of conflicts in foreign countries and an important part of their critical understanding are built on a unified approach that considers all media as a kind of entity of homogeneous subjects and thus carries universal content, the lack of differentiation in mass media between local and international media working on the conflict case, as well as between covering local and international news, should have been a problem in implementing the principles. This should be expressed in the intensity with which some of the obligations contained in the principles are implemented, because the media’s ability to fulfill them would be essentially limited, depending on their various broadcasting spaces and audiences.These principles, which were developed in the spirit of modernism, are likely to fluctuate in the modern media of the countries affected by the current conflict, just as they do in Georgia’s modern media. The synthetic content analysis of the cross-sectional content selection of three Georgian media outlets, as information agencies operating in a conflict-affected state examines the intensity of the implementation of the four principles of the concept of peace journalism and investigates the circumstances that facilitate or hinder the implementation of the specified principle. 
STYLISTIC PECULIARITIES AND NON-STORY ELEMENTS CONCEPTS OF NOVEL “GUEST” BY GURAM GEGESHIDZE
No full textThe novel “Guest” is important because of the signs of magical realism, as the boundary between real and fictitious, existing and nonexisting world does not exist. The flow of the protagonist’s thoughts is like the characters of Marquez travels in the labyrinth from one decade to another, the thoughts in his consciousness come as a flow, and the histories are replaced by one another, which are ignored by the reader. A strange feeling fell into him, as if, Tarkhuji is an unbalanced individual in time and space. In the paragraph findings of Martin Dujardin and William James are used as a theoretical base to analyse the originality of the “flow of consciousness”. In the paper two kinds of associative natures of consciousness flow are separated: Random and fictional analysis dependant. An internal form of monologue existing in the story is assigned to the last one, which created the works. In the mentioned novel in order to analyze the function of dreams the works of psychologist Sigmund Freud and fundamentalists of psychology Carl Gustav Jung are used in the paper. Also, the dissertation of specialist of Literature Ana Dolidze Psychosemiotic of Dream in Georgian fiction discourse. Herewith, the textbook of Nana Gafrindashvili and Mariam Miresashvili is used as a theoretical base: “Fundamentals of Literature”. Considering the above-mentioned textbook dream is illustrated as a nonthematic element in the paper that is used as an ideological content of the work and psychological description of a character. Based on the dissertation of Ana Dolidze in which a prophetic dream is illustrated as a characteristic of a modernistic story, the article’s function of dream is discussed as another proof confirming that the modernistic ecbasis and tendencies of novel “Guest” is striking. In the paper prophetic dream is discussed based on the example of Tarkhuji’s dream being on the verge of committing suicide.The novel “Guest” is important because of the signs of magical realism, as the boundary between real and fictitious, existing and nonexisting world does not exist. The flow of the protagonist’s thoughts is like the characters of Marquez travels in the labyrinth from one decade to another, the thoughts in his consciousness come as a flow, and the histories are replaced by one another, which are ignored by the reader. A strange feeling fell into him, as if, Tarkhuji is an unbalanced individual in time and space. In the paragraph findings of Martin Dujardin and William James are used as a theoretical base to analyse the originality of the “flow of consciousness”. In the paper two kinds of associative natures of consciousness flow are separated: Random and fictional analysis dependant. An internal form of monologue existing in the story is assigned to the last one, which created the works. In the mentioned novel in order to analyze the function of dreams the works of psychologist Sigmund Freud and fundamentalists of psychology Carl Gustav Jung are used in the paper. Also, the dissertation of specialist of Literature Ana Dolidze Psychosemiotic of Dream in Georgian fiction discourse. Herewith, the textbook of Nana Gafrindashvili and Mariam Miresashvili is used as a theoretical base: “Fundamentals of Literature”. Considering the above-mentioned textbook dream is illustrated as a nonthematic element in the paper that is used as an ideological content of the work and psychological description of a character. Based on the dissertation of Ana Dolidze in which a prophetic dream is illustrated as a characteristic of a modernistic story, the article’s function of dream is discussed as another proof confirming that the modernistic ecbasis and tendencies of novel “Guest” is striking. In the paper prophetic dream is discussed based on the example of Tarkhuji’s dream being on the verge of committing suicide
PREJUDICATION IN THE CIVIL PROCEDURE LAW (FOR THE HERMENEUTICS OF THE ARTICLE 106 OF THE CIVIL PROCEDURE CODE OF GEORGIA)
No full textThis paper centers on the principles of prejudication and competition, as well as the inconsistency between pre-determined factual knowledge and a judge's personal intuition. The article analyzes idea of legal prejudication in the comparative view, especially in the light of German, Estonian and Austrian civil procedural law, and case of the European Court of Human Rights. It focuses on the Article 106 of Civil Procedure Code of Georgia, its content, elements, and implementation in the Georgian case law.This paper centers on the principles of prejudication and competition, as well as the inconsistency between pre-determined factual knowledge and a judge's personal intuition. The article analyzes idea of legal prejudication in the comparative view, especially in the light of German, Estonian and Austrian civil procedural law, and case of the European Court of Human Rights. It focuses on the Article 106 of Civil Procedure Code of Georgia, its content, elements, and implementation in the Georgian case law
Liability of the Carrier in the Road Carriage of Goods for Theft and Robbery Under Polish Law and the CMR Convention
Get PDFCarrier’s liability in the carriage of goods by road is a fundamental part of the Convention on the Contract for the International Carriage of Goods by Road (CMR), which regulates international transport, and the Polish Act –Transport Law, which regulates domestic transport. Carrier is responsible for total or partial loss of goods or for their damage (that is one of the socalled “damages in the substance of the shipment”) that occurred in the time between goods receipt and its delivery as well as for the delay of delivery. The carrier is exempt from this liability if the damage to the shipment resulting from certain events (called exonerating circumstances), including circumstances that the carrier could not avoid and the consequences of which he was unable to prevent (Article 17 paragraph 2 of the CMR Convention) or vis maior (Article 65 paragraph 2 of the PrPrzew). Here appears a significantdifference between the Convention and the Polish Act, as these exemption circumstances are not identical. Already at this point it may be pointed out that the Polish act introduced a more far-reaching prerequisite releasing the carrier from liability, as a result of which in the case of application of the Polish act it’s much more difficult for the carrier to release himself from the obligation to redress the damage.Carrier’s liability in the carriage of goods by road is a fundamental part of the Convention on the Contract for the International Carriage of Goods by Road (CMR), which regulates international transport, and the Polish Act –Transport Law, which regulates domestic transport. Carrier is responsible for total or partial loss of goods or for their damage (that is one of the socalled “damages in the substance of the shipment”) that occurred in the time between goods receipt and its delivery as well as for the delay of delivery. The carrier is exempt from this liability if the damage to the shipment resulting from certain events (called exonerating circumstances), including circumstances that the carrier could not avoid and the consequences of which he was unable to prevent (Article 17 paragraph 2 of the CMR Convention) or vis maior (Article 65 paragraph 2 of the PrPrzew). Here appears a significantdifference between the Convention and the Polish Act, as these exemption circumstances are not identical. Already at this point it may be pointed out that the Polish act introduced a more far-reaching prerequisite releasing the carrier from liability, as a result of which in the case of application of the Polish act it’s much more difficult for the carrier to release himself from the obligation to redress the damage
THE IMPACT OF ONLINE EDUCATION ON ENGLISH AS A FOREIGN LANGUAGE (EFL) TEACHERS’ PROFESSIONAL DEVELOPMENT IN GEORGIA
Get PDFThe article aims to assess the impact of online education on English as a foreign language (EFL) teachers’ professional development in Georgia. 50 teachers from educational institutions including schools and universities located in three Georgian cities – Tbilisi, Kutaisi, and Batumi participated in the quantitative research. A 5-point Likert scale questionnaire was used to answer the following research questions: 1. To what extent do EFL teachers in Georgia agree that online education has positively impacted their professional development? 2. In what ways has online education influenced EFL teachers’ professional development in Georgia? 3. What are the perceptions of EFL teachers in Georgia regarding the effectiveness of online professional development opportunities compared to traditional one? 4. To what extent are EFL teachers in Georgia satisfied with the level of support and resources provided for online professional development? The results showed that the teachers positively evaluated the impact of online education on their professional development and the importance of online professional education, however, they are not satisfied with the level of support and resources provided to EFL teachers in Georgia for online professional development. The article might be interesting for researchers working on the topic.The article aims to assess the impact of online education on English as a foreign language (EFL) teachers’ professional development in Georgia. 50 teachers from educational institutions including schools and universities located in three Georgian cities – Tbilisi, Kutaisi, and Batumi participated in the quantitative research. A 5-point Likert scale questionnaire was used to answer the following research questions: 1. To what extent do EFL teachers in Georgia agree that online education has positively impacted their professional development? 2. In what ways has online education influenced EFL teachers’ professional development in Georgia? 3. What are the perceptions of EFL teachers in Georgia regarding the effectiveness of online professional development opportunities compared to traditional one? 4. To what extent are EFL teachers in Georgia satisfied with the level of support and resources provided for online professional development? The results showed that the teachers positively evaluated the impact of online education on their professional development and the importance of online professional education, however, they are not satisfied with the level of support and resources provided to EFL teachers in Georgia for online professional development. The article might be interesting for researchers working on the topic
COMPARISON UKRAINIAN AND GEORGIAN LAWS ON DE-OLIGARCHISATION
No full textDe-Oligarchisation was one of the recommendations of the EU Commission given to Georgia in order to obtain Candidate Status. In response, the Georgian Government drafted a law on De-Oligarchisation similar to the Ukrainian version. In the article, the concept of the oligarch, and the legal criteria for the recognition as an oligarch are discussed. The methods of the execution of the laws in Ukrainian and Georgian versions are analyzed. The Georgian political situation is investigated in order to determine the purpose of the law. The final opinion of the Venice Commission is discussed, and the positive and negative characteristics of both versions are reviewed. The possibility and efficiency of the execution of the Georgian draft law are evaluated.De-Oligarchisation was one of the recommendations of the EU Commission given to Georgia in order to obtain Candidate Status. In response, the Georgian Government drafted a law on De-Oligarchisation similar to the Ukrainian version. In the article, the concept of the oligarch, and the legal criteria for the recognition as an oligarch are discussed. The methods of the execution of the laws in Ukrainian and Georgian versions are analyzed. The Georgian political situation is investigated in order to determine the purpose of the law. The final opinion of the Venice Commission is discussed, and the positive and negative characteristics of both versions are reviewed. The possibility and efficiency of the execution of the Georgian draft law are evaluated
THE ANTARCTIC TREATY
No full textThe Antarctic Treaty was signed during the Cold War in 1959 in Washington D.C.and came into force on 23 June 1961. It regulates relations concerning Antarctica. Georgian translation was made from the English text of the treatyThe Antarctic Treaty was signed during the Cold War in 1959 in Washington D.C.and came into force on 23 June 1961. It regulates relations concerning Antarctica. Georgian translation was made from the English text of the treat
FORMALISM
Get PDFIn this article, Professor Frederick Schauer argues that the formalism as a theory of adjudication restrict to the relevant decision-makers the scale of practical deliberation in terms of selecting moral and political considerations by placing their deliberation within the closed confines of the literal meaning of the words and the structure of the text itself. This, in turn, reduces formalism to the pure form of “rulism” where the language used in the text itself, completely devoid of the historical and social context or the intention of the drafters, substitutes the complete array of the external factors which could be relied upon in the process of decision-making. Professor Schauer attempts to reconstruct the concept of formalism by supplying its moral and political justification within the configuration of the legal system concerned. In doing so, he sketches the preliminaries of, what he terms as, the theory of presumptive formalism attempting to retain the advantages of the formalism itself and simultaneously accommodating the various criticisms levelled against it. However, it is doubtful whether Professor Schauer intends to develop the comprehensive and fully-fledged theory of decision making based on the formalistic underpinnings. Rather, what he aims is to reestablish the reputation of formalism as the respectable or at least not neglectable account of legal reasoning and adjudication. It is, in view of Professor Schauer, the substantial content of the concept that truly matters and not the label with which the content is conveyed. Therefore, the tendency of its unabashed condemnation – whenever one hears the label – should be resisted and the scholarly attention should instead be redirected on the best understanding the concept itselfIn this article, Professor Frederick Schauer argues that the formalism as a theory of adjudication restrict to the relevant decision-makers the scale of practical deliberation in terms of selecting moral and political considerations by placing their deliberation within the closed confines of the literal meaning of the words and the structure of the text itself. This, in turn, reduces formalism to the pure form of “rulism” where the language used in the text itself, completely devoid of the historical and social context or the intention of the drafters, substitutes the complete array of the external factors which could be relied upon in the process of decision-making. Professor Schauer attempts to reconstruct the concept of formalism by supplying its moral and political justification within the configuration of the legal system concerned. In doing so, he sketches the preliminaries of, what he terms as, the theory of presumptive formalism attempting to retain the advantages of the formalism itself and simultaneously accommodating the various criticisms levelled against it. However, it is doubtful whether Professor Schauer intends to develop the comprehensive and fully-fledged theory of decision making based on the formalistic underpinnings. Rather, what he aims is to reestablish the reputation of formalism as the respectable or at least not neglectable account of legal reasoning and adjudication. It is, in view of Professor Schauer, the substantial content of the concept that truly matters and not the label with which the content is conveyed. Therefore, the tendency of its unabashed condemnation – whenever one hears the label – should be resisted and the scholarly attention should instead be redirected on the best understanding the concept itsel