E-JOURNALS OF UNIVERSITY SULKHAN-SABA ORBELIANI
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Formal Constitutional Review from the Georgian Legal Perspective
Full text linkConstitutional review stands as one of the most crucial mechanisms among state authorities’ activities, serving to uphold constitutional supremacy, protect human rights, and resolve competency disputes between state bodies. To fulfill these essential functions, constitutional courts examine the conformity of normative acts with the constitution. This examination encompasses not only the assessment of substantive compatibility with fundamental law, but also verification of compliance with constitutionally established procedures for the adoption and implementation of normative acts. This authority, recognized in legal doctrine as “formal constitutional review,” is indispensable to the Constitutional Court’s role as a comprehensive mechanism for protecting constitutional supremacy and fundamental rights. The 2017 comprehensive amendments to the Constitution of Georgia sparked a significant debate within Georgian academic circles regarding the Constitutional Court’s authority to conduct formal constitutional review. This scholarly discourse emerged from specific normative foundations: while the previous constitutional framework permitted expansion of the Constitutional Court’s powers through organic law, the reformed Constitution now exhaustively defines these powers. However, this strictly normative interpretation raises several critical questions. First, should the Constitutional Court’s powers be subject to such a narrow normative interpretation? Second, how does the Constitutional Court perceive its own competence? Third, what legal foundations for formal constitutional review exist within constitutional legislation and the Court’s jurisprudence? This article aims to systematically address these fundamental questions.Constitutional review stands as one of the most crucial mechanisms among state authorities’ activities, serving to uphold constitutional supremacy, protect human rights, and resolve competency disputes between state bodies. To fulfill these essential functions, constitutional courts examine the conformity of normative acts with the constitution. This examination encompasses not only the assessment of substantive compatibility with fundamental law, but also verification of compliance with constitutionally established procedures for the adoption and implementation of normative acts. This authority, recognized in legal doctrine as “formal constitutional review,” is indispensable to the Constitutional Court’s role as a comprehensive mechanism for protecting constitutional supremacy and fundamental rights. The 2017 comprehensive amendments to the Constitution of Georgia sparked a significant debate within Georgian academic circles regarding the Constitutional Court’s authority to conduct formal constitutional review. This scholarly discourse emerged from specific normative foundations: while the previous constitutional framework permitted expansion of the Constitutional Court’s powers through organic law, the reformed Constitution now exhaustively defines these powers. However, this strictly normative interpretation raises several critical questions. First, should the Constitutional Court’s powers be subject to such a narrow normative interpretation? Second, how does the Constitutional Court perceive its own competence? Third, what legal foundations for formal constitutional review exist within constitutional legislation and the Court’s jurisprudence? This article aims to systematically address these fundamental questions
The Separation of Competition Law Enforcement Powers Between Competition and Regulatory Authorities in Georgia
Full text linkThe presented work is focused on researching the essence of public enforcement of Georgia’s competition legislation, its mechanisms, and the issue of separating its enforcement competencies between the respective state authorities. In 2020, the Georgian Law on Competition underwent comprehensive reform. This reform introduced a unique approach to the enforcement of said Law. In particular, the Competition and Consumer Protection Agency and the National Regulatory Authorities were defined as executive bodies of the Georgian Law on Competition. Furthermore, due to these reforms, the law now envisages many procedures and methods to separate the enforcement competencies between these state bodies. However, the relevant procedural provisions do not provide a straightforward solution to all the issues related to the separation of competencies. In the last five years, it has been seen that such gaps have led to significant issues in practice. Therefore, the sole purpose of the presented paper is to study these problems and offer relevant scientific solutions.The presented work is focused on researching the essence of public enforcement of Georgia’s competition legislation, its mechanisms, and the issue of separating its enforcement competencies between the respective state authorities. In 2020, the Georgian Law on Competition underwent comprehensive reform. This reform introduced a unique approach to the enforcement of said Law. In particular, the Competition and Consumer Protection Agency and the National Regulatory Authorities were defined as executive bodies of the Georgian Law on Competition. Furthermore, due to these reforms, the law now envisages many procedures and methods to separate the enforcement competencies between these state bodies. However, the relevant procedural provisions do not provide a straightforward solution to all the issues related to the separation of competencies. In the last five years, it has been seen that such gaps have led to significant issues in practice. Therefore, the sole purpose of the presented paper is to study these problems and offer relevant scientific solutions
The Process of Criminalization and an Economic Analysis of Legal Norms
Full text linkThe economics of crime is still an unknown subject for the Georgian legal community. This paper represents a practical first systematic attempt within the legal space to offer mechanisms for calculating the financial value of crime. While the theory of rational choice and cost-benefit analysis of crime may be new to the Georgian legal field, they are very necessary and relevant for the Georgian legal space because the calculation of the productivity of prohibitions in the process of criminalizing actions is not conducted based on an economic model. This, in turn, imposes an unimaginable burden on the state and taxpayers, as well as more obligations on the country’s budget than it can handle. It is important to determine the economic value of the law alongside the economic value of crime. The subsequent activities of crime, prosecution, and judicial bodies are linked to the process of criminalization and represent significant factors to consider in the context of the economic value of the legal norm. This research actively examines what it costs to investigate crimes in the investigative bodies of Georgia and what indicators are used to calculate specific economic costs. The paper offers the reader an economic formula for crime investigation and, based on this, discusses how appropriate the relationship between economic interests and the interests of justice is in order to protect the national interests of the country.The economics of crime is still an unknown subject for the Georgian legal community. This paper represents a practical first systematic attempt within the legal space to offer mechanisms for calculating the financial value of crime. While the theory of rational choice and cost-benefit analysis of crime may be new to the Georgian legal field, they are very necessary and relevant for the Georgian legal space because the calculation of the productivity of prohibitions in the process of criminalizing actions is not conducted based on an economic model. This, in turn, imposes an unimaginable burden on the state and taxpayers, as well as more obligations on the country’s budget than it can handle. It is important to determine the economic value of the law alongside the economic value of crime. The subsequent activities of crime, prosecution, and judicial bodies are linked to the process of criminalization and represent significant factors to consider in the context of the economic value of the legal norm. This research actively examines what it costs to investigate crimes in the investigative bodies of Georgia and what indicators are used to calculate specific economic costs. The paper offers the reader an economic formula for crime investigation and, based on this, discusses how appropriate the relationship between economic interests and the interests of justice is in order to protect the national interests of the country
მოწამეთა რელიქვიები ეკლესიებს აახლოებს წმინდა ქეთევანი და სისხლის ეკუმენიზმი
Full text linkThe commemoration of the 400th anniversary of Saint Ketevan’s martyrdom (1624-2024) provides an opportunity to examine the importance of relics for churches and Christians, both historically and in contemporary contexts, while exploring their inter-ecclesial and ecumenical significance. This study emphasizes that it is ultimately Christ who draws the churches together in unity. The historical record documents Saint Ketevan’s martyrdom in 1624, followed by the recovery of her relics in 1625. In 1628, Augustinian missionaries distributed these relics across multiple locations, sending portions to Georgia, Portugal, Rome, India, and Russia. This wide geographical distribution reflects both the reverence accorded to the saint and the missionary networks of the period.The twenty-first century has witnessed remarkable developments in the veneration of Saint Ketevan through significant archaeological and historical discoveries. The rediscovery of her tomb containing part of her body in Goa, India, where it had been placed by the Augustinian fathers, represents a major milestone in the saint’s continuing legacy. Additionally, the 2008 discovery of the previously unknown azulejo (decorative tile) in Lisbon has added new dimensions to our understanding of her historical significance and the extent of her veneration across the Portuguese Empire. For the Augustinian fathers who preserved and distributed her relics, Saint Ketevan was recognized fundamentally as a martyr of Christ, transcending denominational boundaries that might distinguish between Orthodox and Catholic traditions. This perspective rendered her worthy of the highest respect and veneration, regardless of specific ecclesiastical affiliations. This ecumenical approach to Saint Ketevan’s legacy offers valuable insights for contemporary inter-church relations. Her recognition as a martyr for Christ rather than for a particular denomination demonstrates how shared devotion to Christian martyrs can serve as a bridge between different Christian traditions. The international distribution of her relics and the continuing discoveries related to her veneration illustrate how religious heritage transcends national and denominational boundaries, contributing to broader Christian unity and understanding.The commemoration of the 400th anniversary of Saint Ketevan’s martyrdom (1624-2024) provides an opportunity to examine the importance of relics for churches and Christians, both historically and in contemporary contexts, while exploring their inter-ecclesial and ecumenical significance. This study emphasizes that it is ultimately Christ who draws the churches together in unity. The historical record documents Saint Ketevan’s martyrdom in 1624, followed by the recovery of her relics in 1625. In 1628, Augustinian missionaries distributed these relics across multiple locations, sending portions to Georgia, Portugal, Rome, India, and Russia. This wide geographical distribution reflects both the reverence accorded to the saint and the missionary networks of the period.The twenty-first century has witnessed remarkable developments in the veneration of Saint Ketevan through significant archaeological and historical discoveries. The rediscovery of her tomb containing part of her body in Goa, India, where it had been placed by the Augustinian fathers, represents a major milestone in the saint’s continuing legacy. Additionally, the 2008 discovery of the previously unknown azulejo (decorative tile) in Lisbon has added new dimensions to our understanding of her historical significance and the extent of her veneration across the Portuguese Empire. For the Augustinian fathers who preserved and distributed her relics, Saint Ketevan was recognized fundamentally as a martyr of Christ, transcending denominational boundaries that might distinguish between Orthodox and Catholic traditions. This perspective rendered her worthy of the highest respect and veneration, regardless of specific ecclesiastical affiliations. This ecumenical approach to Saint Ketevan’s legacy offers valuable insights for contemporary inter-church relations. Her recognition as a martyr for Christ rather than for a particular denomination demonstrates how shared devotion to Christian martyrs can serve as a bridge between different Christian traditions. The international distribution of her relics and the continuing discoveries related to her veneration illustrate how religious heritage transcends national and denominational boundaries, contributing to broader Christian unity and understanding
Η ΤΕΧΝΗΤΗ ΝΟΗΜΟΣΥΝΗ (ΑΙ) ΩΣ ΠΡΟΚΛΗΣΗ ΓΙΑ ΤΗ ΧΡΙΣΤΙΑΝΙΚΗ ΘΕΩΡΗΣΗ ΤΟΥ ΠΡΟΣΩΠΟΥ
Full text linkThis article generally presents the reflection that emerges from applying AI to the theological consideration of the person concept. The first part introduces the idea of true and false self from Donald Winnicott’s psychoanalytic perspective concerning St. Gregory Palamas’ positions on true and false spirituality. Based on this comparative study presented in the book by Fr. Vasilios Thermos, the second part of the article examines the main concerns arising from the application of artificial intelligence to the sacraments of the Church and the concept of ‘person.’This article generally presents the reflection that emerges from applying AI to the theological consideration of the person concept. The first part introduces the idea of true and false self from Donald Winnicott’s psychoanalytic perspective concerning St. Gregory Palamas’ positions on true and false spirituality. Based on this comparative study presented in the book by Fr. Vasilios Thermos, the second part of the article examines the main concerns arising from the application of artificial intelligence to the sacraments of the Church and the concept of ‘person.
ACCESEBILITY OF MEDICAL SERVICES: ISSUES AND POTENTIAL SOLUTIONS
No full textAccess to medical services is the ability to receive medical services when needed. Millions of people in the world, including Georgia, suffer from inadequate access to medical services. Access barriers to medical services are categorized into two types: financial and non-financial. Financial barriers primarily include solvency. Non-financial barriers include geographical accessibility of medical personnel and institutions, cultural and linguistic accessibility, and timely receipt of relevant medical services for those who need them. Among these types, financial and geographical accessibility are most frequently identified as primary challenges.The main task of the state is to ensure equal geographic and financial access to effective medical services. Since 2013, as a result of the implementation of the universal healthcare program, financial access to medical services has increased in Georgia; however, equal protection from financial risks remains a serious problem. The aim of this paper is to analyze the problems related to financial access to healthcare, which are particularly relevant in the current context. Access to medical services is the ability to receive medical services when needed. Millions of people in the world, including Georgia, suffer from inadequate access to medical services. Access barriers to medical services are categorized into two types: financial and non-financial. Financial barriers primarily include solvency. Non-financial barriers include geographical accessibility of medical personnel and institutions, cultural and linguistic accessibility, and timely receipt of relevant medical services for those who need them. Among these types, financial and geographical accessibility are most frequently identified as primary challenges.The main task of the state is to ensure equal geographic and financial access to effective medical services. Since 2013, as a result of the implementation of the universal healthcare program, financial access to medical services has increased in Georgia; however, equal protection from financial risks remains a serious problem. The aim of this paper is to analyze the problems related to financial access to healthcare, which are particularly relevant in the current context. 
მძიმე შოკითა და სხვა ფსიქიკური დარღვევებით გამოწვეული არაქონებრივი (მორალური) ზიანის ანაზღაურების ოდენობის განსაზღვრა სასამართლოს მიერ
Full text linkინფორმაციის მიღების უფლება შეზღუდული პასუხისმგებლობის საზოგადოების პარტნიორის მიერ კონტროლის განხორციელების კონტექსტში
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