JOURNAL "LEGAL METHODS"

THE INVESTIGATION OF KILLINGS MOTIVATED BY DISCRIMINATION UNDER GEORGIAN LAW AND PRACTICE

2025-12-04T08:15:23+00:00

The article examines whether Georgia’s legal framework and practice governing the investigation of homicides committed with a discriminatory motive comply with the standards of the European Convention on Human Rights. Drawing on those standards, the article analyzes Georgian legislation and practice. Based on this analysis, it presents conclusions and offers recommendations for further improving Georgia’s laws and practice.

REGULATION OF ARTIFICIAL INTELIGENCE: CHALLENGES AND OPPORTUNITIES

2025-12-04T08:27:51+00:00

Using comparative legal analysis, this article examines the necessity and feasibility of regulating artificial intelligence (AI) in contemporary law. It asks whether comprehensive and effective AI regulation is achievable given the technology’s complexity and rapid evolution. The European Union is identified as a frontrunner, having adopted two major instruments that together establish ex ante and ex post regulatory frameworks. By contrast, most developed jurisdictions have yet to enact AI-specific legislation, though early initiatives indicate growing recognition of the need for legal oversight. The article critically evaluates proposals to grant legal subjectivity to AI, concluding that such an approach presents significant legal risks and is neither necessary nor advisable.
In Georgia, where no dedicated AI framework currently exists, the article outlines potential regulatory models and offers recommendations on core issues to guide the development of national AI legislation.

INTERPRETATION OF THE CONSTITUTIONAL PRINCIPLE OF FREEDOM OF ENTERPRISE AND THE OBLIGATION TO PROMOTE ENTREPRENEURSHIP IN ASSESSING THE LAWFULNESS OF EMPLOYEE DISMISSAL BASED ON REORGANIZATION

2025-12-04T08:33:15+00:00

Ordinary courts frequently invoke constitutional principles when justifying their decisions, including in disputes concerning employee dismissal on the grounds of reorganization. This article employs descriptive, analytical, hermeneutical, and comparative legal methods to critically examine how courts assess the lawfulness of such dismissals within the constitutional framework of freedom of enterprise and the state’s obligation to promote entrepreneurship. It also critiques the prevailing standards of judicial reasoning in these decisions. The paper questions the necessity, appropriateness, and logical coherence of courts’ references to constitutional norms in this category of disputes. It examines the scope of discretionary powers vested in both employers and courts, particularly in the context of reorganization and restructuring processes. The article identifies which specific issues general courts are authorized to examine in dismissal cases based on reorganization and under what factual circumstances such examination is permissible This research will be useful for scholars and practitioners concerned with the lawfulness of employment termination based on reorganization, the application of constitutional principles by general jurisdiction courts, and the methodological standards governing judicial reasoning.

THE LEGAL SCOPES OF PERSONAL LIABILITY OF THE MANAGEMENT BODY OF A LIMITED LIABILITY COMPANY TOWARDS CREDITORS

2025-12-04T09:03:24+00:00

The issue of a director’s personal liability towards creditors remains a significant challenge for both Georgian judicial practice and legal scholarship. This paper examines the liability of directors of limited liability companies in relation to third-party claims under Georgian legislation. With the entry into force of the new Law of Georgia “On Entrepreneurs” in 2022, the question of directors’ personal liability has become even more topical. The paper focuses on the director’s external liability towards third parties, namely creditors. It identifies the legal basis for imposing such personal liability, in particular the general tort provision set out in Article 992 of the Civil Code of Georgia, and analyzes the prerequisites for establishing tortious liability. Given the absence of established case-law following the adoption of the new Law of Georgia “On Entrepreneurs,” the recommendations offered in this paper are intended to contribute to the proper development of judicial practice. For this purpose, the paper conducts a comparative legal analysis of both continental European and Anglo-American approaches and evaluates the contemporary relevance of Georgian judicial practice developed prior to the new law.

EXAGGERATION OF INFORMATION AS AN EXCLUDING FACTOR IN THE QUALIFICATION OF ADVERTISING AS AN UNFAIR COMMERCIAL PRACTICE

2025-12-04T09:16:14+00:00

The article offers a legal analysis of advertising as a form of commercial activity and examines its qualification as an unfair commercial practice under Georgian consumer protection legislation and the standards of the UCPD Directive. It demonstrates that the assessment of advertising as unfair depends on two essential prerequisites: (1) a dishonest act by the trader (a breach of professional diligence) and (2) an adverse change in the consumer’s economic behavior. The article argues that the term “good faith” in Article 24 of the Georgian Law on Consumer Protection should be replaced with “professional diligence” in order to eliminate conceptual inconsistency and align the national framework with UCPD standards. The paper further identifies two distinct benchmarks: the average consumer for the general market and the vulnerable consumer in contexts requiring special protection. It also highlights a legislative shortcoming, namely the use of the term “conclusion of the deal” instead of “transactional decision,” which unduly narrows the scope of consumer protection.
The third part of the article examines exaggerated advertising, showing that its legal assessment depends on the subjective perception of the average consumer, which is closely linked to cultural and linguistic context. The article concludes that once commercial communication is classified as exaggerated advertising, it inherently excludes both dishonesty and the capacity to adversely influence the consumer’s economic behaviour and, therefore, cannot satisfy the criteria for an unfair commercial practice

THE “KAFKAESQUE” DIMENSION: FROM LITERATURE TO LAW

2025-12-04T09:23:51+00:00

The paper examines the semantic and functional transformation of the term “Kafkaesque,” tracing its evolution from a literary concept into a notion applicable within the legal field. It treats this transformation as a natural development and explores the connections between literature and law, framing the study as an interdisciplinary inquiry. The research focuses on the potential of literary narratives to critically illuminate legal reality. In this context, “Kafkaesque” is not merely a metaphor for describing legal absurdity but a powerful tool for critiquing systems of justice and a standard for their evaluation. The term reveals the
dehumanizing tendencies within existing judicial structures and indicates pathways for their rehumanization.

THE FORMATION OF STATE AND LEGAL SYSTEMS IN ANCIENT INDIA

2025-12-04T09:35:27+00:00

This article examines the development of state structures and legal systems in ancient India, tracing their evolution from the Vedic
period through the medieval era. The study analyzes the distinctive characteristics of ancient Indian jurisprudence, which emerged at the intersection of religious, philosophical, and political principles. Central to this analysis is the varna-caste system, which structured social relations and determined differentiated legal statuses, obligations, and forms of liability across social categories.
The research explores the primary sources of ancient Indian law, including Vedic literature, Dharmasūtra texts, Dharmaśāstra treatises, and the Laws of Manu (Manusmṛti). Particular attention is devoted to the concept of dharma as a universal legal, moral, and religious order governing all aspects of human existence. The article demonstrates how dharma established normative frameworks encompassing civil, criminal, and procedural law. The study also examines secular juridical
literature, notably Kautilya’s Arthaśāstra, which complemented religious legal sources with theories of statecraft and administration.
The article addresses the transformation of Indian legal culture during the medieval period, when Islamic conquests introduced legal
pluralism through the coexistence of dharmaśāstra and Sharia law, revealing significant regional variations between northern and southern India.
By synthesizing religious texts, epic literature (Mahābhārata and Rāmāyaṇa), and juridical treatises, this study illuminates how ancient Indian jurisprudence developed legal mechanisms within a framework that merged temporal and spiritual authority, continuing to influence contemporary Indian legal traditions.

LINKING NATURAL RIGHTS AND EVOLUTIONARY LAW: A LESSON FROM BRUNO LEONI

2025-12-04T09:50:02+00:00

This paper examines Bruno Leoni’s attempt to reconcile a minimal concept of natural law with an evolutionary, common-law–based legal order. Rejecting both rigid legalism and historicist relativism, Leoni argues that individual freedom is best protected by a polycentric, jurisprudence-driven system grounded in universal ethical principles—most notably the golden rule—while remaining adaptable to social experience. The article contrasts Leoni’s approach with that of libertarian theorists such as Rothbard, Block, and Kinsella, and partly aligns with Frank van Dun’s critique of strict non-aggression legalism. It argues that a coherent libertarian legal theory must combine general moral axioms with the contextual wisdom of legal practice, taking into account causal complexity, historical evolution, and the practical dimension of adjudication. The study concludes that Leoni offers a “third way”: a libertarian legal philosophy rooted in classical natural law, enriched by evolutionary insight, and resistant to both dogmatic codification and relativistic skepticism.