JOURNAL "ORBELIANI"

CROSS-CULTURAL DIFFERENCES IN THE SELF

2023-03-21T14:14:14+00:00

Self may be considered with the content given in the cultural model, and it is also possible to consider the empirical self, from the point of view of subjective experience. Some researchers often, equating cultural concepts of the self (which may be idealized) with the empirical self, thereby they exaggerate the distinction between the “Western” self and the “non-Western” self, of which the former being considered as individualized, egocentric, and autonomous, while the latter is relational, sociocentric in nature. By studying both Western and non-Western people the author makes highly predictable the exaggeration of the sharp differences often drawn between “Western” and “non-Western” selfies. In some contexts, relational self has been found among Americans and autonomous self have been found among Toraja (Indonesia). Thus, according to the researches data, it is possible to assume
that cultural models of the self can not directly reflect the subjective experiences of individuals who belong to this culture.

THE ANTARCTIC TREATY

2023-03-22T11:16:21+00:00

The 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 treaty

FORMALISM

2023-03-22T11:20:39+00:00

In 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 itself

THE PRINCIPLE OF TRANSPARENCY OF PUBLIC ADMINISTRATION AS AN ELEMENT OF THE RIGHT TO GOOD GOVERNENCE

2023-03-22T11:03:45+00:00

Article 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 implementation

REFORM OF THE STATE INSPECTOR SERVICE OF GEORGIA AND SUPERVISORY BODIES ON PERSONAL DATA PROTECTION IN COMPARATIVE PERSPECTIVE

2023-03-22T11:08:16+00:00

Personal data protection is part of the human rights in democratic societies and relevant institutions and regulations exist for its realization. Government of Georgia undertook significant steps toward protection of personal data in recent years.
Parliament of Georgia adopted Law on Personal Data Protection in 28 December 2011, representing an important instrument for protection of citizens’ personal data. In 2013-2017 important impact on development of personal data protection legislation was made by Association Agreement between the EU and Georgia. The first phase of Visa Liberation Action Plan envisaged consolidation of institutional and legal frameworks in line with European and international standards, ratification of international instruments and inclusion in national legislation, as well as establishment of independent supervisory body. Effective functioning of the supervisory body was identified to be implemented at the second phase Paper reviews and evaluates the ongoing reform of state inspector’s office and personal data protection in Georgia in the comparative light of personal data protection supervisory bodies of some European countries

ASSESMENT OF THE EXPEDIENCY OF INVOLVING THE ADMINISTRATIVE BODY AS A THIRD PARTY IN ADMINISTRATIVE PROCEEDINGS BY THE COURT

2023-03-22T11:28:44+00:00

Participation of third parties is an essential part of administrative proceedings. Involvement and evaluation of third parties is the responsibility of the court, which, based on the petition of the party, or on its own initiative, involves a third party in the case hearing, with the right of mandatory or optional invitation. Evaluation of this subject essentially refers to the consideration of the case and obtaining the final result. Special attention needs the decision of involvement third-party administrative body in the case. In such cases, the purpose of involving a third party must be determined by the court – the case really concerns the interest of the administrative body if it is involved due to the task of presenting evidence. Thus, when assessing the expediency of the involvement of an administrative body as a third party is important to determine the need for its involvement, to determine the basis for the specific status of the third person (mandatory or optional) and the justification of the involvement, especially when it comes to the judge’s selfinitiative.