E-JOURNALS OF UNIVERSITY SULKHAN-SABA ORBELIANI
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დამსაქმებლის ნდობის დაკარგვა, როგორც დასაქმებულის სამსახურიდან გათავისუფლების საფუძველი (რამდენიმე სასამართლო გადაწყვეტილებაზე დაყრდნობით)
Get PDFIn view of the fact that the employment relationships have been getting diverse and complex respective legal regulations are being required. The latest amendments to the Georgian Labor Code, which have implemented European regulations into Georgian legislation, considered several issues regarding the respective protection of employee's and employer's rights. One of the most significant and problematic issues in labor relations is related to the termination of the labor contract and its legal grounds. The article deals with the issue of labor contract termination when the legal ground of dismissal is the employer’s loss of trust in the employee. The loss of trust might be the result of the gross violation by an employee of his/her obligations; the violation by an employee of his/her obligations, if any of the disciplinary steps have already been taken against the employee during the last year; or other objective circumstances justifying the termination of an employment agreement. The article provides an overview of decisions rendered by the Supreme Court of Georgia. Moreover, it underlines, the role of trust in labor relationships and its role while termination of the labor contract. As a consequence of the analysis of the decisions, the following conclusion is outlined: in order to state that the employer had lost trust the employee, therefore had the right to dismiss the employee the respective court order in the criminal case against the employee should have existed.In view of the fact that the employment relationships have been getting diverse and complex respective legal regulations are being required. The latest amendments to the Georgian Labor Code, which have implemented European regulations into Georgian legislation, considered several issues regarding the respective protection of employee's and employer's rights. One of the most significant and problematic issues in labor relations is related to the termination of the labor contract and its legal grounds. The article deals with the issue of labor contract termination when the legal ground of dismissal is the employer’s loss of trust in the employee. The loss of trust might be the result of the gross violation by an employee of his/her obligations; the violation by an employee of his/her obligations, if any of the disciplinary steps have already been taken against the employee during the last year; or other objective circumstances justifying the termination of an employment agreement. The article provides an overview of decisions rendered by the Supreme Court of Georgia. Moreover, it underlines, the role of trust in labor relationships and its role while termination of the labor contract. As a consequence of the analysis of the decisions, the following conclusion is outlined: in order to state that the employer had lost trust the employee, therefore had the right to dismiss the employee the respective court order in the criminal case against the employee should have existed
THE SCOPE OF THE SURETY’S LIABILITY IN THE EVENT OF THE LIQUIDATION OF THE PRINCIPAL DEBTOR
No full textThe article concerns the legal nature of suretyship contract and its relation to the principal debt agreement. It discusses legal basis for the performance of an obligation by the surety's following the death of the principal debtor. Discussion is based on an analysis of the case law of the Supreme Court of Georgia and doctricnal views. The issue under consideration is important, because formal legitimacy and the purpose of the law are at odds with each other. Aim of the article is to assess the legal status of the guarantor and the creditor, to determine whether a balance between their rights is maintainedThe article concerns the legal nature of suretyship contract and its relation to the principal debt agreement. It discusses legal basis for the performance of an obligation by the surety's following the death of the principal debtor. Discussion is based on an analysis of the case law of the Supreme Court of Georgia and doctricnal views. The issue under consideration is important, because formal legitimacy and the purpose of the law are at odds with each other. Aim of the article is to assess the legal status of the guarantor and the creditor, to determine whether a balance between their rights is maintaine
LEGALITY OF THE URGENT SEARCH AND ADMISSIBILITY OF THE EVIDENCE SEIZED AS A RESULT OF THE SEARCH: ANALYSES OF THE DECISION OF THE CONSTITUTIONAL COURT OF GEORGIA
No full textThe article discusses the decision of the Constitutional Court of Georgia (December 25, 2020) which is related to an urgent search. The decision makes it clear that in practice, the state interferes a right to privacy, without a relevant basis and the evidences seized as a result of it this are often recognized by the courts. In many cases urgent search based on the operative information of the confident and the persons had not enough possibilities to defend their selves. Constitutional Court declared such practice unconstitutional and once again emphasized the importance of the rights and interests of the accused person in the criminal proceedings. New decision changes the established case law of the ordinary courts and introduces a new mechanism that complies not only with the Constitution of Georgia, but also with the European Convention on Human Rights.The article discusses the decision of the Constitutional Court of Georgia (December 25, 2020) which is related to an urgent search. The decision makes it clear that in practice, the state interferes a right to privacy, without a relevant basis and the evidences seized as a result of it this are often recognized by the courts. In many cases urgent search based on the operative information of the confident and the persons had not enough possibilities to defend their selves. Constitutional Court declared such practice unconstitutional and once again emphasized the importance of the rights and interests of the accused person in the criminal proceedings. New decision changes the established case law of the ordinary courts and introduces a new mechanism that complies not only with the Constitution of Georgia, but also with the European Convention on Human Rights
საქმის ქვემდგომი ინსტანციის სასამართლოში დაბრუნების ფარგლები საქართველოს უზენაესი სასამართლოს ერთი განჩინების მაგალითზე
No full textArticle 412 of Civil Procedure Code of Georgia deals with remand power of cases to lower court and is one of the most central norms in the context of right to a fair trial. On the one hand, fair use of the mentioned norm by courts, ensures the avoidance of judicial error as well as chance of rendering wrong/unreasonable decision and increases the possibility of delivering a correct/reasoned decision to the party, all abovementioned is important component of a right to a fair trial. On the other hand, heavy caseloads could trigger improper use of article 412 in practice, that can lead to undue delay or belated justice, that is also covered by the right to a fair trial. This article is dedicated to a case study of Judgment No.758-2019 of the Supreme Court of Georgia, under which the limits of the remand power will be discusseArticle 412 of Civil Procedure Code of Georgia deals with remand power of cases to lower court and is one of the most central norms in the context of right to a fair trial. On the one hand, fair use of the mentioned norm by courts, ensures the avoidance of judicial error as well as chance of rendering wrong/unreasonable decision and increases the possibility of delivering a correct/reasoned decision to the party, all abovementioned is important component of a right to a fair trial. On the other hand, heavy caseloads could trigger improper use of article 412 in practice, that can lead to undue delay or belated justice, that is also covered by the right to a fair trial. This article is dedicated to a case study of Judgment No.758-2019 of the Supreme Court of Georgia, under which the limits of the remand power will be discuss
მოსამართლე ჰოლმსის წვლილი სამართლის მეცნიერებაში: თარგმანი შესრულებულია გამოცემიდან: Roscoe Pound, Judge Holmes’s Contributions to the Science of Law, Harvard Law Review, Vol.34, No.5, 1921. Harvard Law Review, Vol.34, No.5, 1921.
No full textDEFINITION OF CONSUMER IN THE CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
No full textFrom the 80s of the last century, a natural person participating in a contractual relationship, who acquires goods or services for personal use - is called a consumer. Numerous legislative innovations have been developed to support the rights of consumers in contract law, which has contributed to the establishment of an independent field of consumer rights law. The peculiarity of this field of law lies in the purposeful regulation. Norms governing the rights of consumers apply only if one party to the contract is a trader and the other is a consumer. However, despite numerous attempts, there is no unified concept of the consumer that would be relevant to all relationships. Despite the fact that it mainly refers to a natural person, often the recognition of a person as a consumer depends on the content of the contractual relationship.From the 80s of the last century, a natural person participating in a contractual relationship, who acquires goods or services for personal use - is called a consumer. Numerous legislative innovations have been developed to support the rights of consumers in contract law, which has contributed to the establishment of an independent field of consumer rights law. The peculiarity of this field of law lies in the purposeful regulation. Norms governing the rights of consumers apply only if one party to the contract is a trader and the other is a consumer. However, despite numerous attempts, there is no unified concept of the consumer that would be relevant to all relationships. Despite the fact that it mainly refers to a natural person, often the recognition of a person as a consumer depends on the content of the contractual relationship
The Karabakh Conflict, and its Geopolitical and Economic Impacts on Georgia
Get PDFGeorgia has been a land hub between Europe and Asia since ancient times, when trade began in the second century BC. The Great Silk Road trailheaded in Sian, and, in Dunghuan, it split into two branches heading westward: north of the first Lobnor Lake, and Turfan, to the south of the same lake - Khotani and st. Via Yarkend - St. Kashgar. From there, the northern road connected with the Caspian Sea and the Transcaucasus, and crossed Georgia to reach the Byzantine and Roman Black Sea via the Phasis. The second road went from Kashgar to Balkh and northern Iran, and from there to the shores of the Mediterranean Sea. In 1998, on the initiative of Senator Brownbeck, the United States Senate passed a resolution to support the development of a New Silk Road. The TRACECA, as well as the Baku-Tbilisi-Ceyhan “Great Oil Pipeline” and the Baku-Tbilisi-Erzurum “Great Gas Pipeline” are already operating under the auspices of the New Silk Road, significantly changing the economic reality in the Caspian-Black Sea region, creating new conditions for development, and strengthening that region - not only regarding the energy security of the countries there, but the energy security of Europe as a whole (The Silk Road History, 2021; Elisseeff, 2001; Li & Taube, 2018). Considering this, the resumption of the Nagorno-Karabakh conflict (the so-called Third Karabakh War) has affected Georgia more than it may seem at first glance. The results of this war in reality present huge threats and challenges to the geopolitical and economic environment of Georgia, and a naïve understanding of the status quo could be very unfortunate for the country. In this paper, we will explain why the new Karabakh status quo is more threatening to the Georgian economy than the current situation, what challenges it poses to the country, and what we can do to either completely circumvent these threats or, at worst, minimize themGeorgia has been a land hub between Europe and Asia since ancient times, when trade began in the second century BC. The Great Silk Road trailheaded in Sian, and, in Dunghuan, it split into two branches heading westward: north of the first Lobnor Lake, and Turfan, to the south of the same lake - Khotani and st. Via Yarkend - St. Kashgar. From there, the northern road connected with the Caspian Sea and the Transcaucasus, and crossed Georgia to reach the Byzantine and Roman Black Sea via the Phasis. The second road went from Kashgar to Balkh and northern Iran, and from there to the shores of the Mediterranean Sea. In 1998, on the initiative of Senator Brownbeck, the United States Senate passed a resolution to support the development of a New Silk Road. The TRACECA, as well as the Baku-Tbilisi-Ceyhan “Great Oil Pipeline” and the Baku-Tbilisi-Erzurum “Great Gas Pipeline” are already operating under the auspices of the New Silk Road, significantly changing the economic reality in the Caspian-Black Sea region, creating new conditions for development, and strengthening that region - not only regarding the energy security of the countries there, but the energy security of Europe as a whole (The Silk Road History, 2021; Elisseeff, 2001; Li & Taube, 2018). Considering this, the resumption of the Nagorno-Karabakh conflict (the so-called Third Karabakh War) has affected Georgia more than it may seem at first glance. The results of this war in reality present huge threats and challenges to the geopolitical and economic environment of Georgia, and a naïve understanding of the status quo could be very unfortunate for the country. In this paper, we will explain why the new Karabakh status quo is more threatening to the Georgian economy than the current situation, what challenges it poses to the country, and what we can do to either completely circumvent these threats or, at worst, minimize the
სამართლის სოციოლოგია
Get PDFoai:journals.sabauni.edu.ge:article/1In this article Selznick developed the sociological imagination as a pointedly moral imagination, a vision of social science guided by moral philosophy, what Selznick himself called humanist science. This is a philosophy informed by the perpetual entwinement of human potential with human frailty. It makes the analyst sensitive to how ends are always interlinked with means, and how cherished ideals are inflected with an often-discouraging social reality. Only a morally subtle sociology can capture the moral ambivalence of human experience, the "recalcitrance of people, practices, and institutions, the precariousness of the finest ideals, the complexity and delicacy of attempts at institutional transformation, the ease with which fine motives are refracted in unexpected directions". Our means are sometimes tyrannical, our institutional goals, often displaced. And "not only are our tools recalcitrant; so too are we ourselves". Yet Selznick's scholarship consistently betrays a humble optimism: humble on the basis of hard, empirical realism about social institutions and their human environments, yet quietly optimistic because aware of the abiding potential, in humans and their institutional creations, for social progress. Selznick think, at the level of analysis, by rejecting such determinism; and at the level of political action, with methods of taming power with power, by dividing it into factions, say, or decentralizing it. The moral point: the virtue of an organization's membership by itself is never enough for realizing normatively good outcomes; the hands even of good people need to be bound by rules.სოციოლოგიური თვალსაზრისით, იურიდიულ ცნებებთან და მოძღვრებასთან ურთიერთობის იდეა ბუნდოვნად იყო ცნობილი სოციოლოგიური და იურიდიული მკვლევრების სულ მცირე ორი თაობისთვის. ამ ქვეყანაში სოციოლოგიური იურისპრუდენციის აღმავლობამ მიაღწია საკმაოდ სწრაფ და ზოგად გამარჯვებას, რასაც ხელი შეუწყო პრაგმატულმა ტემპერამენტმა, მოუთმენლობამ აბსტრაქციონიზმთან ერთად და სწრაფმა სოციალურმა ცვლილებებმა. ამ გამარჯვებას, როგორც ასეთი, საერთო არა აქვს რეალურ სოციოლოგიურ კვლევებთან; ის, ასევე, არ ასახავს დარგის კონკრეტულ ცნებებსა და კონსოლიდირებულ დარგის ცოდნას. რა თქმა უნდა, იურიდიული მეცნიერების ავტონომია კვლავ მნიშვნელოვან მხარდაჭერას ჰპოვებს. სხვაგვარად არც შეიძლება იყოს, თუ გავითვალისწინებთ ტექნიკურ ხასიათსა და მრავალი იურიდიული ცნების რთულ განვითარებას, სამართლებრივი ისტორიის თავისებურებებს, პროფესიული სიამაყის სიღრმესა და სამართლის სკოლების შედარებით იზოლირებულობას. მაგრამ მთავარი ფაქტი, ჩემი აზრით, ისაა, რომ ამერიკაში იურიდიული მეცნიერება ღიაა ახალი იდეებისა და გავლენებისთვის. რა თქმა უნდა, ამ ფაქტმა ინტელექტუალური საფუძველი ჩაუყარა სოციოლოგიურ მიდგომებს