JOURNAL "LEGAL METHODS"

THE LAWS OF THE TWELVE TABLES: I AND II TABLES

Mariam Khoperia — 2024-08-27

The article overviews one of most ancient and important laws of ancient Rome – The Laws of the Twelve Tables (Lex Duodecim Tabularum). The paper is focused mostly on the first and second tables, they are translated from Latin to Georgian. This is the first translation of the original text. Translated was compared with the French, English and Italian versions of the laws.

CRITIQUE OF HARTIAN NEOPOSITIVISM BY DWORKI

Iakob Cheishvili — 2024-08-27

Hart-Dworkin’s debate concerns judicial methods of justice and is one of the wellknown academic disputes of the twentieth century jurisprudence. They discuss the scope of judicial discretion, questions of the rule of law and methods of judicial decision-making in “hard cases”. The article reviews the Dworkinian critique of the main postulates of Hartian neopositivism, with a particular focus on the scope and role of the judge in the exercise of judicial discretion in “hard cases”.

FOR THE HERMENEUTICS OF ARTICLE 8, PART 15, SENTENCE 2 OF THE CODE OF PROFESSIONAL ETHICS OF LAWYERS

Tamar Khubuluri — 2024-08-27

The paper focuses on the lawyer’s right protected by the Code of Professional Ethics for Lawyers of Georgia (second sentence of Section 15 of Article 8) – upon termination of defending the client’s interests, out of the funds to be returned to the client, to deduct the fee for services rendered and expenses incurred before terminating the client-lawyer relationship, as well as on the content and scope of this right, the opinions expressed by the Ethics Commission, the practice of the Disciplinary Chamber of the Supreme Court of Georgia and the foreseeability of the norm are discussed. In interpreting the standard, the Ethics Commission takes liberties
and changes its content in such a way that it transforms the lawyer’s right into an obligation. The wording of the second sentence of Section 15 of Article 8 of the Professional Ethics Code of Lawyers is not exhaustive, the literal and objective definition does not allow for such a broad interpretation that the obligation to return the funds should be extended to the lawyer’s unearned fee and advance fee. As a result of a comparative study, it can be said that within the framework of the current edition – under “to return funds” it does not include the obligation to return the lawyer’s unearned fee and advance fee and it is necessary to formulate the article with a new wording.

COUNTING DOWN THE DEADLINE FOR APPEALING AN INDIVIDUAL ADMINISTRATIVE-LEGAL ACT ON DISMISSAL: ANALYSIS OF TWO ACTS OF THE SUPREME COURT OF GEORGIA TOGETHER WITH ONE CASE

Tamar Tusashvili — 2024-08-27

Article 127 of the Law of Georgia on Public Service and Article 22 of the Code of Administrative Procedure of Georgia establish a one month period for appealing orders, decrees, decisions, and actions issued on official matters to the court. Determining the starting point of this term is crucial to ensure that the addressee of the act has an effective and efficient mechanism to respond. This article examines the one-month time limit for appealing an individual administrative-legal act concerning a person’s dismissal, using two acts of the Supreme Court of Georgia – a decision and a ruling, both related to the same case – as examples. The primary issue lies in the varying interpretations of the norms and different assessments of the factual circumstances of the case, leading to disparate practical outcomes.

IMPOSING CRIMINAL LIABILITY ON THE ACCUSED/CONVICTED PERSONS FOR FAILURE TO EXECUTE THE JUDGEMENTS

Khatia Shekiladze — 2024-08-27

Importance of legally binding effect of court decisions and their effective enforcement to ensure the rule of law principle is the prerequisite for criminal liability for non-execution or obstructing execution of judgments or other court decisions.
Although the goals of criminalization of the mentioned action are quite clear, it is interesting to whom the legislator imposes the obligation to comply with the decision and if it is possible to be the perpetrator of this crime the person against whom the decision has been issued. The article is dedicated to the study of the abovementioned issue, in which the possible range of persons responsible for the execution of judgments or posssible perpetrators of the crime stipulated by the Article 381 of the Criminal Code of Georgia will be identified and analyzed following the existing judicial practice and case law.

DIGITAL-COMPUTER METHODS IN CRIMINALISTICS

Giorgi Dzindzibadze — 2024-08-27

At the stage of investigation and consideration of the case in court, in order to identify criminals, great importance is attached to the identification of person, collection of evidence and research. The use of digital computer methods in forensic expertise is important and involves the entire system, from the crime scene to the court. These methods combine many capabilities which are the basis for better confrontation with new and evolving threats. On the other hand, these actions should be carried out without violating the fundamental principles of law, and on the other hand, research methodologies based on modern achievements of science should be used as much as possible. Advances in digital computer technology in criminalistic are mainly used for two purposes: for fixation and automated identification. During fixation using fixation means only for better depiction of traces and
other evidence. In the case of comparison systems, they reflect only approximate results about similar searched objects, which are finally checked by an expert and give a conclusion. According to the procedural legislation of the criminal law of Georgia, both the product obtained using the fixation means and the research results reflected in the expert document with the help of comparative systems are important for the investigation and the court, which means that they have the appropriate evidentiary value.
fixation, the crime scene, fact, object and traces are fixed, and during identification, the research objects are automatically being compared with each other. It is possible to intervene in the product created for the investigation and the court, which means that they have the appropriate evidentiary value.

STANDARD OF THE PROCESSING OF THE PERSONAL DATA DURING A VIDEOMONITORING OF EMPLOYEES’ WORKSPACE

Simon Takashvili — 2024-08-27

Protection of personal data is a challenge for Georgian and not only Georgian law and practice. The article analyzes the latest legal approaches, foreign literature and international case law using a comparative legal method. The paper specially focuses on the new Georgian law on Personal Data Protection, which came into force a few months ago and provides specific rules for video monitoring/video surveillance. There is no any judgements or decisions by the Georgian general courts on the regulation established by the new law and its problematic issues. Therefore, the present article analyzes the EU’s experience and
the trends of its implementation in the Georgian reality. There are several decision of ECtHR concernin the processing of
personal data through video monitoring of the employee’s workspace. These decisions are so important that they are mentioned in almost all modern legal literature. Therefore, the article overviews them and discusses Georgian legislation and legal practice in the light of the ECtHR’s case law.