CURRENT ISSUES IN LAW

Evolving Human Rights Conditions for Victims in Georgian Legislation

2025-02-02T18:03:24+00:00

Under the Georgian Criminal Procedure Code, a victim is defined as an individual or entity suffering harm due to criminal actions. The rights and responsibilities of such persons have evolved across various legislative periods. Victims encompass both natural and legal persons, the latter represented by individuals authorized to review the decree acknowledging the victim status. Typically, legal entities are victims of property crimes, whereas crimes against the state and drug offenses, governed by public and state order considerations, do not fall under this category. Beyond tangible rights, recent legal reforms have adopted a more profound approach towards victim support, acknowledging the significance of psychological well-being alongside physical health. This shift aims to safeguard victims from secondary victimization, which could exacerbate their plight. The current state of victims' human rights is a pressing issue, meriting attention due to existing challenges and the Constitutional Court's deliberations on victims' rights.

The Principle of Uti Possidetis Juris in Modern International Law (Some Aspects and the Context of Georgian Statehood)

2025-02-02T18:11:45+00:00

The article discusses the essence of the principle of Uti Possidetis Juris, the historical evolution of the doctrine of Uti Possidetis and the application of this principle in modern international law.

For a sovereign state territory and borders are of the most importance in the international political system. In this context, the importance of the principle of Uti Possidetis regarding achieving stability in relations between states and avoiding territorial conflicts is emphasized. It is also mentioned that in many cases the application of this principle has caused border disputes.

The article analyzes the application of this principle in the case of the dissolution of the former Soviet Union, presents an analysis of the possibility of using this principle in the context of the territorial integrity and border determination of Georgia in the context of the territorial conflicts of Abkhazia and South Ossetia. It is highlighted that after gaining independence, on the basis of Uti Possidetis Juris, the former administrative borders of the Georgian SSR were transformed into the international borders of independent Georgia, which is supported by the practice of democratic states, and Abkhazia and the so-called South Ossetia cannot use the principle of Uti Possidetis for separatist purposes.

The article presents problematic aspects, conclusions and opinions on the discussed issue.

Challenges of Legal Regulation of Gifts in Public Service in Modern Georgian Legislation

2025-02-02T18:16:57+00:00

The article aims to identify the complex challenges of the legal regulation of gifts within the of public service dimension and how these challenges, in turn, impact the efficacy of the governance process. Under the existing legal arrangement in Georgia, there has always been a problem of clear regulation/enforcement of the norms governing the issue of gifts, has consistently impeded the realization of an efficient and effective governance system. This article delves into the essential conditions that must be met for the proper regulation of gift-giving, evaluates the risks associated with this practice, and elucidates effective mechanisms for mitigating these risks. Furthermore, it underscores the crucial need for well-defined legal norms and the establishment of robust enforcement mechanisms as its propulsive factor. This study has encompassed an exhaustive examination and synthesis of legislation governing the exchange of gifts, alongside comprehensive analysis of scholarly works and manuals. In the pursuit of these objectives, both general and specialized research methods, including but not limited to analytical, synthetic, systematic and comparative legal methods were meticulously employed to process the retrieved information.

The Role and Importance of the Claim Institution in Civil Litigation

2025-02-02T18:32:31+00:00

This article addresses the crucial role played by the institution of claims within the context of civil litigation. A court is not empowered to commence proceedings of its own accord; it requires an interested party to present a claim or petition, through which the disputant delineates the matter at issue. This underscores the principle of dispositionality, which affords individuals the autonomy to decide whether to initiate a claim or application. In contemporary society, the mechanism of lawsuits serves as a vital means for safeguarding rights and lawful interests. The paper delves into pivotal aspects such as the nature and definition of a claim, its constituent elements, and its various types—confessional, attributive, and transformative claims. Additionally, it examines the right to lodge a claim, the principle of dispositionality, the burden of proof, notification of a claim, and the potential for settlement.

Structural and Functional Characteristics of Courts in National and US Criminal Proceedings

2025-02-02T19:39:00+00:00

The court holds a position of critical importance in Georgia, as it does in most countries around the world. It transcends a mere institution; beyond administering justice, the court represents one of the state's branches of government, known as the judicial branch. Long-standing observation reveals that the effective operation of the court, along with its independence and impartiality, is vitally important for the legal state's functionality.

The primary function of the court is the administration of justice. Specifically, the court resolves dispute among individuals, between individuals and legal entities, and among legal entities themselves. Moreover, it adjudicates criminal cases, issuing verdicts of guilt or innocence (verdicts, in the case of jury involvement). Concurrently, the court addresses cases pertaining to administrative law. All these activities are aimed at embedding the principles of justice and legality into daily life, which, in turn, ensures the peaceful, predictable, and stable existence of citizens.

The judicial system and its myriad complexities consistently remain at the forefront of discussion for both practicing lawyers and legal theorists. The impetus for this article is twofold: its timely relevance and our keen interest in the subject matter. Crafted in Georgian, it targets primarily Georgian-speaking readers, yet it draws upon a rich tapestry of sources in both Georgian and foreign languages, including articles, monographs, and collaborative works. Our exploration centers on the structural and functional features of the judiciary, with a particular focus on comparisons between national (Georgian) and foreign (U.S.) contexts, especially within the realm of criminal proceedings. To navigate through this analysis, we employ a blend of descriptive and comparative research methodologies, while also interjecting personal perspectives on a range of pertinent issues.

Recognition and Execution of the Foreign Court Decisions

2025-02-02T19:46:32+00:00

Recognition and execution of the foreign court decisions at the same time as globalization represents both an opportunity and a challenge for the international legal system. The article aims to examine the legal framework and practice around the cross-boundary enforcement of judgments, both through a review of national legislation and practice, as well as the experience of foreign countries. The article, through doctrinal analysis, presents the main issues that are essentially important to consider in the process of recognition and enforcement of foreign court decisions. In addition, the main factors influencing the recognition and enforcement mechanisms and the effectiveness of these mechanisms are highlighted. The article presents important differences between legal systems in relation to notice-execution approaches. The issue is interesting from the point of view that it is directly related to public policy, which is accompanied by a number of procedural difficulties. Naturally, effective administration of justice during cross-boundary court proceedings is essential in order to protect the rights of the parties involved in a specific case. In relation to this, the above-mentioned institution is an effective legal mechanism, which in the end effectively helps to harmonize international legal standards, which is necessary for continuous and rapidly developing international legal relations.

The issue is also interesting from the point of view of how the legal systems of countries with different jurisdictions can cooperate so that their sovereignty and public policy are not roughly treated. The transnational approaches that exist today need constant change and renewal, since cultural, political or social factors have a constant influence on this process. Unequal approaches will have a direct proportional negative impact on the rights of individuals.

A comparative analysis of the legal provisions, judicial approaches and international treaties regulating this field reveals the challenges and inconsistencies in the current approaches. Although there is a general tendency to simplify this process, there are significant difficulties due to differences in national legal traditions, bilateral requirements, sovereignty, and public policy.

Counterclaim - Procedural Mechanism for Defense Against a Suit

2025-02-02T19:50:29+00:00

In line with Article 31 of the Constitution of Georgia, every individual is entitled to seek judicial intervention for the safeguarding of their rights and freedoms, to address violations of civil rights, or to forestall potential infringements. Georgia is in the process of aligning its laws with European standards, an endeavor that reveals certain legal gaps necessitating timely rectification. It is essential for an individual's right to legal recourse to be fully upheld by the courts, not only in the act of petitioning the court but also through the issuance of equitable and well-founded judgments.

The Role of the Constitutional Court of Georgia in Protecting Constitutional Human Rights and Freedoms

2025-02-02T19:54:04+00:00

In line with the Constitution of Georgia, constitutional oversight is executed by a specially established entity—the Constitutional Court of Georgia. This Court serves as a guardian of fundamental human rights and freedoms. Through the submission of individual constitutional complaints to the Constitutional Court, individuals are afforded a mechanism to advocate for their rights. Consequently, the individual constitutional complaint represents a critical legal tool aimed at providing effective legal protection and upholding the Constitution. While there are numerous issues concerning the nuances of constitutional proceedings in the context of individual constitutional complaints, many of these issues remain inadequately explored. Thus, the objective of this article is to examine the prevailing challenges associated with the Constitutional Court of Georgia's role in safeguarding human constitutional rights and freedoms. It seeks to uncover the unique aspects of proceedings involving individual constitutional complaints, scrutinize existing theoretical dilemmas, and present resolved viewpoints.

Violence Against Women in Islam and State Legal Mechanisms to Combat It

2025-02-02T19:58:34+00:00

In the modern world, while humanity is at the peak of development, it is inappropriate to use violence in the name of religion to protect such values, which representatives of different faiths establish with the motive of calling for peace. Various religious movements, which have themselves been the object of persecution in the past, after gaining strength, often resort to violence against people. The reason for this can be the struggle for secular power, which is governed by the ambitions of people speaking in the name of different religions and is proclaimed as "the voice of God", and religion - as a doctrine, which is often not at all clear, needs explanation, and, not so rarely, these explanations are also separate and asks for an explanation. The religion discussed in the article is Islam. Like other religions, Islam, during the period of preaching, repeatedly suffered psychological, physical, and material pressure from the religious-cultural-political background existing at that time. And, to tolerate all this, God in the "Qur'an" sometimes warns the believers with the punishment that will happen to the pagans, sometimes comforts them who have come to heaven as a reward for enduring hardships, and sometimes demands appropriate physical resistance from them in response to unjust treatment. When we talk about violence in Islam, we cannot fail to emphasize the fact that this religion is largely characterized by gender-based violence. Mostly this is manifested in violence against women. In Islam, women have always been and unfortunately are still the object of discrimination. She is the husband's "property" and most of her fundamental rights are violated. The question is: Is Islam really discriminatory towards women and does it justify violence against women or is it all a misinterpretation and a crime covered by religion?! “All human beings are born free and equal in dignity and rights.”^[1] That is why in the article we talk about those fundamental human rights that are violated against women in Islam and the violation of which is a clear manifestation of violence. Today, human rights and freedoms are recognized and guaranteed by various international conventions and declarations, including the “UN Universal Declaration of Human Rights”, European Convention on Human Rights, the Social Charter of the Council of Europe of February 26, 1961; "Civil and Political Rights" and "Economic, Social and Cultural Rights". The article also talks about the positive obligation of the states to protect the rights provided by these acts.

The Role and Significance of Fundamental Principles in the Civil Procedural Law of Georgia: A Comparative Legal Analysis

2025-02-02T20:03:20+00:00

The field of legal science is constantly evolving, driven by ongoing assessments and enhancements. Within legal doctrine, the principles of disposition, competitiveness, and party equality stand as cornerstones. These principles underpin the legal framework governing procedural systems across various types of legal proceedings, including constitutional, civil, administrative, criminal, and arbitration cases. They are crucial in ensuring the court's independence and impartiality, with the direct correlation between objectivity, equality within the state, and the application of these principles. Advancing these principles through further legislative efforts will solidify their integration within distinct legal relationships.

This research paper aims to explore the foundational concepts of competition and equal rights among parties, particularly focusing on their application in civil proceedings. To achieve a comprehensive understanding and conclusive insights, it will examine the concept and essence of the principles of competition and equality among parties. This includes investigating the functional characteristics of these principles within civil proceedings as a procedural mechanism for addressing the objectives of such proceedings. The court's role in upholding these foundational principles is significantly impactful, offering a lens through which the quality of court operations in civil proceedings can be evaluated. Additionally, this paper will uncover the methods of consolidating and actualizing the principle of competition and equality within the civil process. The Civil Procedure Code, which has been meticulously developed to embody the principles of disposition and competition, will be analyzed for its norms that regulate procedural actions and relations arising from civil case deliberations in a manner distinct from earlier versions of the Code.

Disciplinary Proceedings as a Preventive Mechanism for Ensuring the Right to a Fair Trial

2025-02-02T20:07:50+00:00

The existence of mechanisms for disciplinary proceedings against judges is important both to ensure the accountability of judges in a democratic society and to strengthen confidence in the judicial system.

To ensure the authority of the judiciary, the judge must recognize and follow the rules and standards of conduct necessary to protect the prestige of justice. Every action of a judge must be based on the rules of judicial ethics, and such behaviour, which violates the established standard and, in its essence, represents a possible disciplinary offense, must be evaluated by the body implementing disciplinary proceedings within the framework of disciplinary legislation.

On the other hand, disciplinary proceedings contribute to the understanding of the judge's behaviour in such a way as to ensure the use of disciplinary proceedings as a preventive mechanism, and the mentioned type of proceedings itself should not pose a threat to the fundamental values of independence and impartiality of the court. In addition, during the disciplinary proceedings, it should be ensured that the proceedings are conducted with proper quality and in a prescribed manner.