44 research outputs found
[Problematic analysis of the civic advisory council as a mechanism for citizen participation] : [existing practices, challenges, opportunities]
No full text[Irakli Papava, Levan Khintibidze, Giorgi Bokeria]Text georgischGeorgisc
ადამიანის უფლებათა საყოველთაო დეკლარაციის როლი და მნიშვნელობა ეროვნულ და საერთაშორისო სამართალში
No full textIn 2018 the world celebrated the 70th anniversary of the Universal Declaration of Human Rights, the landmark international document in which the UN Member States agreed and solemnly proclaimed fundamental human rights and freedoms as a “standard to which all nations and states should strive to achieve”. The most debatable and ambiguous issue is the determination of legal status of the Declaration. Considering the fact that this document was adopted by the UN General Assembly in a form of the resolution, it has a recommendatory character. However, over time the Declaration has undergone certain legal transformation regarding the permanent development and refinement in the process of concluding of legally binding international human rights treaties that affected both domestic and international law. Taking into account the moral significance of the Declaration, as well as its the substantial contribution in the adoption of international and regional human rights treaties, national legislation and judicial practice, the author of the present article comes to the conclusion that the Declaration should be recognized as a document including norms of the customary international law. The author also concludes that in modern world, when a number of states have not still ratified the main international human rights treaties, the provisions of the Universal Declaration should be conceived for them as binding norms of customary international law. Such outcomes are established on the basis of the national judicial practice of sovereign states and the practice of the International Court of Justice that are analyzed in the present article
სუპრანაციონალურობის ასპექტები ევროპის კავშირის ფუნქციონირების პროცესში
No full textThe article is an attempt based on a generalization of the experience of the European Union (EU), to identify the essential characteristic of supranationality in the context of the interaction of international law with domestic law, to assess the legal nature of the EU and to offer the reader an authorial definition of “supranationality”. The general conclusion of the paper is that supranationality should be understood as an effective form of interstate cooperation and activity within the international organization, based on unity of interests, in which the authority serving these interests receives some degree of autonomy from the participating countries by transferring (conceding) part of their internal powers to it. As a result, its decisions, without prior transformation into domestic law, have a general normative character and direct effect not only on member states, but also on their natural and legal persons, which is ensured by effective enforcement mechanisms. At the same time, the supranational level, which has a considerable number of independent regulatory powers, is hierarchically higher than inter-state level, therefore, its law also has primacy over the national law. Besides, within the framework of the article, particular attention is paid to description of main approaches that characterize the legal essence of the European Union. The author expresses an opinion on the appropriateness of understanding the EU as an international organization of a special kind (sui generis), which combines elements of classical international organizations with supranational features in its functioning
ევროპის კავშირის ევროპის კავშირის მართლმსაჯულების სასამართლოსა და ადამიანის უფლებათა ევროპული სასამართლოს ურთიერთქმედების ასპექტები N2/13 დასკვნის შემდეგ
No full textThe present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation
ევროპის კავშირის ძირითადი უფლებების ქარტია, როგორც ადამიანის უფლებათა დაცვის ინსტრუმენტი
No full textThe article is dedicated to the first catalogue of human rights at the level of the European Union. Especially it focuses on the issues of judicial protection of the rights declared in the Charter of Fundamental Rights, including the future prospects of the control mechanism of this instrument of human rights protection. The Charter, adopted on 7 December 2000, reflects the EU’s aspiration to increase the level and scope of legal protection of fundamental rights and freedoms within the Union. It is distinguished by the simplicity of formulations and unique classification of fundamental rights, based not on the subject of the fundamental rights, but on the values, which they protect
A “Best Selling” British Author who wrote About Great Renaissant - De Rada and Albanians
No full textRarely authors of global reputation have written about Albania and well-known personalities of our culture and rarely they have remained or still remain in the darkness of anonymity for the general public and Albanian researchers. For this reason, insight, finding, lighting and display of writings, works and creations, yet unknown, of historians, linguists, ethnographers, writers, and foreign journalists, contributors with unrepeateable values for Albania, the Albanians and the history of our nation, remain an obligation, both scientific and noble. Finding the works and “unknown” authors is a homage in respect of the contributions they given for us, publication of their works would unfold in global dimensions the values that our nation has kept and conveyed, would enrich the funds of Albanian archives and along with it, the research bibliographies for a deeper image of our heritage. Definitely in this article it is evoked the image and work of a British author, Norman Dagllas, who until now remains unknown not only for the Albanian public, but also for the circles of our researchers. In the framework of a series of extensively well-known publications in its time, his most interesting, culminating and reputable republished work remains, “Old Calabria”. In the center of this work, which has seen the light of re-publication over 20 times and has been translated into most languages of the world, is our great poet of National Renaissance, Jeronim De Rada. And yet, strangely, it is still unknown and translated or published in Albanian.Keywords: novel, literature, poem, folklor, church
A “Best Selling” British Author Who Wrote About Great Renaissant - De Rada and Albanians
No full textRarely authors of global reputation have written about Albania and well-known personalities of our culture and rarely they have remained or still remain in the darkness of anonymity for the general public and Albanian researchers. For this reason, insight, finding, lighting and display of writings, works and creations, yet unknown, of historians, linguists, ethnographers, writers, and foreign journalists, contributors with unrepeateable values for Albania, the Albanians and the history of our nation, remain an obligation, both scientific and noble. Finding the works and “unknown” authors is a homage in respect of the contributions they given for us, publication of their works would unfold in global dimensions the values that our nation has kept and conveyed, would enrich the funds of Albanian archives and along with it, the research bibliographies for a deeper image of our heritage. Definitely in this article it is evoked the image and work of a British author, Norman Dagllas, who until now remains unknown not only for the Albanian public, but also for the circles of our researchers. In the framework of a series of extensively well-known publications in its time, his most interesting, culminating and reputable republished work remains, “Old Calabria”. In the center of this work, which has seen the light of re-publication over 20 times and has been translated into most languages of the world, is our great poet of National Renaissance, Jeronim De Rada. And yet, strangely, it is still unknown and translated or published in Albanian
ძალადობრივი სამოხელეო დანაშაულის გამომწვევი ფაქტორები და მათი გამოძიებისას დასადგენი ძირითადი გარემოებები
No full textThe Author of the article identifies the causal factors of official misconduct committed by abuse of office and classifies it into ten categories. According to the author, for the effective investigation of criminal cases concerning the official misconduct, first of all, it is vital to accurately prepare strategies and tactics of an investigative plan, outline the factual circumstances, which later will become the subject of proof. Based on the analyzes regarding specifics of official misconduct, the author offers five conditional criteria. These criteria must be determined and examined in each investigation process of official misconduct, promoting to resolve criminal cases, as well as, to obtain and preserve the evidence in accordance with the established procedures
ცილისწამების სისხლის სამართლის წესით დასჯადობის მიზანშეწონილობა
No full textThe present article discusses legal nature of defamation, directed against honor, dignity and reputation of a human being. In accordance with the analysis explored by the author, defamation has nothing in common with high values of freedom of speech and expression. Therefore, making this action punishable by law or making penalties more stringent will not have any negative effect on the development of democracy. Based on the analysis of the legislation of 12 European Countries, the author suggests that amendment of the Law of Georgia on “Freedom of Speech and Expression” is necessary in terms of severing the existing sanctions for defamation; furthermore, the failure to execute the court judgment must also be punishable by the Criminal Code. As a conclusion, the author provides certain relevant recommendations on the possible changes in the legislation with this regard
Covid-pandemic as an investment challenge for the Georgian economy (კოვიდ-პანდემია, როგორც საინვესტიციო გამოწვევა საქართველოს ეკონომიკისთვის)
No full text1. პაპავა ვ. & ჭარაია ვ. (2020). კორონომიკული კრიზისი და საქართველოს ეკონომიკის ზოგიერთი გამოწვევა.
საქართველოს სტრატეგიისა და საერთაშორისო ურთიერთობათა კვლევის ფონდი
2. Papava V. (29 March, 2020). Coronomic Crisis: When The Economy Is a Hostage to Medicine. Eurasia Review.
https://www.eurasiareview.com/29032020-coronomic-crisis-when-the-economy-is-a-hostage-to-medicine-oped/
3. საქართველოს ეროვნული ბანკი (2021). წლიური ანგარიში 2020. (ყოველწლიური პუბლიკაცია, ISSN 1512-1739).
თბილისი, საქართველო.
4. საქართველოს ეროვნული ბანკი. სტატისტიკური მონაცემები.
https://nbg.gov.ge/statistics/statistics-data
5. საქართველოს სტატისტიკის ეროვნული სამსახური. (16.08.2021). პირდაპირი უცხოური ინვესტიციები საქართველოში 2020. https://cutt.ly/dOhMblE
6. საქართველოს სტატისტიკის ეროვნული სამსახური. (2021). სამომხმარებლო ფასების ინდექსი (ინფლაცია).
https://www.geostat.ge/ka/modules/categories/26/samomkhmareblo-fasebis-indeksi-inflatsia
7. საქართველოს სტატისტიკის ეროვნული სამსახური. (15.11.2021). საქართველოს მთლიანი შიდა პროდუქტი 2020.
https://cutt.ly/1OhMkK2
8. საქართველოს ტურიზმის ეროვნული ადმინისტრაცია. (2021). საერთაშორისო მოგზაურობა რეზიდენტობის
მიხედვით. https://cutt.ly/ROvgxre
9. United Nations Conference on Trade and Development (2021). World Investment Report 2021. Geneva.
https://unctad.org/system/files/official-document/wir2021_en.pdf
10. World Bank Group (January, 2022). Global Economic Prospects, Flagship report. Washington, DC, USAPandemic outbreaks have had a negative economic impact on the world, including Georgia. Therefore, it is
important to objectively assess the current situation and overcome the problems facing the country. The purpose of
this article is to highlight the economic difficulties caused by the spread of the virus in terms of aggravation of
investment risks and find effective ways to solve them. The traditional ways of studying the issue used in the
article are based on the study of objective economic events observed in 2020-2021. Quantitative, qualitative and
logical generalizations are used to analyze the economic indicators related to investment activities, which are
obtained from various official sources and scientific articles.
The crisis caused by the pandemic significantly hindered the implementation of investment activities in
Georgia, and the resulting problems brought significant economic losses to the country. The solution to the current
situation is for the government to work actively with business, to overcome the investment risks caused by the
pandemic and attract funds, that will ensure the activation of business activities on the one hand, and the
improvement of the economic situation on the other hand
