JOURNAL "LEGAL METHODS" <p>Journal "Legal Methods” has been published since 2017 by Sulkhan-Saba Orbeliani University Prince Davit Institute of Law.</p> <p>The Journal is an annual peer-reviewed academic journal focused on Legal Theory, Sociology, Philosophy, Philosophy methods, and practice. </p> <p>, Legal Methods “ is devoted to innovative original scientific articles and translations in legal theory and philosophy classics. Journal is a double-blind peer-reviewed open-access journal. The publication in this Journal is free of charge.</p> <p><strong>Journal DOI: <a href="" target="_blank" rel="noopener"></a></strong></p> <p><strong>ISSN:</strong> 2449-2795</p> <p><strong>E-ISSN:</strong> 2720-8656</p> Sulkhan-Saba Orbeliani University en-US JOURNAL "LEGAL METHODS" 2449-2795 <p>.</p> DER MENSCH IM RECHT <p>Der Mensch im Recht” is an inaugural lecture of Gustav Radbruch, <br>which he gave at University of Heidelberg. He discusses ideas and <br>basic directions of image of human and personality in law and legal <br>history. Georgian article is a translation from German.</p> Gustav Radbruch Nino Katamadze Copyright (c) 2022 JOURNAL "LEGAL METHODS" 2022-12-06 2022-12-06 6 THE SCOPE OF THE SURETY’S LIABILITY IN THE EVENT OF THE LIQUIDATION OF THE PRINCIPAL DEBTOR <p>The article concerns the legal nature of suretyship contract and its <br>relation to the principal debt agreement. It discusses legal basis for <br>the performance of an obligation by the surety's following the death of <br>the principal debtor. Discussion is based on an analysis of the case <br>law of the Supreme Court of Georgia and doctricnal views. <br>The issue under consideration is important, because formal <br>legitimacy and the purpose of the law are at odds with each other. Aim <br>of the article is to assess the legal status of the guarantor and the <br>creditor, to determine whether a balance between their rights is <br>maintained</p> Giorgi Beridze Copyright (c) 2022 JOURNAL "LEGAL METHODS" 2022-12-06 2022-12-06 6 10.52340/lm.2022.01 GUSTAV RADBRUCH AND GEORGIAN TRANSLATION OF “PHILOSOPHY OF LAW” <p>Gustav Radbruch is one of the most extraordinary and popular legal philosophers, who represents German school, but he cannot be named typical German lawyer. His understanding of law and justice inspirited many generations of lawyers in all over the world. Radbruch’s formula played very important role in the development of the legal thought in twentieth century. His “Philosophy of Law” has been translated to Georgian by Giorgi Jimsheladze and published in 2022 (Edited by Giorgi Meskhi). Article overviews Radbruch’s personality and his works, also discusses Georgian translation of the book.</p> Dimitry Gegenava Copyright (c) 2022 JOURNAL "LEGAL METHODS" 2022-12-06 2022-12-06 6 10.52340/lm.2022.02 LEGALITY OF THE URGENT SEARCH AND ADMISSIBILITY OF THE EVIDENCE SEIZED AS A RESULT OF THE SEARCH: ANALYSES OF THE DECISION OF THE CONSTITUTIONAL COURT OF GEORGIA <p>The article discusses the decision of the Constitutional Court of Georgia (December 25, 2020) which is related to an urgent search. <br>The decision makes it clear that in practice, the state interferes a right to privacy, without a relevant basis and the evidences seized as a result of it this are often recognized by the courts. In many cases urgent search based on the operative information of the confident and the persons had not enough possibilities to defend their selves. Constitutional Court declared such practice unconstitutional and once again emphasized the importance of the rights and interests of the accused person in the criminal proceedings. New decision changes the established case law of the ordinary courts and introduces a new mechanism that complies not only with the Constitution of Georgia, but also with the European Convention on Human Rights.</p> Nino Kartskhia Copyright (c) 2022 JOURNAL "LEGAL METHODS" 2022-12-06 2022-12-06 6 10.52340/lm.2022.03 LIMITS OF REMAND POWER IN THE LIGHT OF ONE JUDGEMENT OF THE SUPREME COURT OF GEORGIA <p>Article 412 of Civil Procedure Code of Georgia deals with remand <br>power of cases to lower court and is one of the most central norms in <br>the context of right to a fair trial. On the one hand, fair use of the <br>mentioned norm by courts, ensures the avoidance of judicial error as <br>well as chance of rendering wrong/unreasonable decision and <br>increases the possibility of delivering a correct/reasoned decision to <br>the party, all abovementioned is important component of a right to a <br>fair trial. On the other hand, heavy caseloads could trigger improper <br>use of article 412 in practice, that can lead to undue delay or belated <br>justice, that is also covered by the right to a fair trial. This article is <br>dedicated to a case study of Judgment No.758-2019 of the Supreme <br>Court of Georgia, under which the limits of the remand power will be <br>discusse</p> Tamta Kenia Copyright (c) 2022 JOURNAL "LEGAL METHODS" 2022-12-06 2022-12-06 6 10.52340/lm.2022.04 LEGAL QUALIFICATION OF LABOR CONTRACT AND CONTRACT OF MANDATE (SERVICE COTRACT) WHEN CHECKING LEGALITY OF DEFAULT JUDGEMENT <p>Freedom of labor is a constitutional human right. The state protects it by fulfilling positive and negative obligations. Due to the specifics of labor relations, the principle of subordination is one of the basic principles that apply in labor law. Accordingly, the employee is subordinate to the employer and directly obeys the rules and conditions set by him. The parties of the Contract of Mandate (Service Contract) are the mandator who gives an assignment to the mandatary and the mandatary who is obliged to perform mandated actions. It is often difficult to find the difference between the contract of the mandated employment <br>agreement. No. AS-953-2020 decision of the Chamber of Civil Cases of the Supreme Court of Georgia, issued on April 2, 2021, regarding the above-mentioned issue sets precedent, both in the case’s procedural history and in the legal complexity and reasoning, which is undoubtedly distinguished from the previously set practice. What makes this case special is the fact that, from a procedural point of view, the case went through the second and third instances twice. In addition, a repeated default (absentee) judgment was appealed, the legal legitimacy of which is the main focus of the legal proceedings of the courts. Accordingly, this article will assess the factual circumstances related to the legal dispute and the grounds and motivation for the decision made by the relevant court. Also, special attention will be drawn to the decision made by the Supreme Court and the decision will be <br>assessed in the context of whether the judge applied the law he was supposed to apply or the law that he was not supposed to apply and whether or not he misinterpreted the law. It also determines which <br>method of resolving a hard case was used by the judge</p> Lana Chubinidze Ana Gogoreliani Copyright (c) 2022 JOURNAL "LEGAL METHODS" 2022-12-06 2022-12-06 6 10.52340/lm.2022.05 COMMENT TO THE ARTICLE 1261 OF THE CRIMINAL CODE OF GEORGIA <p>Domestic violence is prevalent in every community and impacts everyone regardless of age, socioeconomic status, sexual orientation, gender, race or religion. However, society's attitude towards domestic violence has changed and become intolerant over the years. As a result, legislators paid more attention to aggravating the law, and nowadays, article 1261 (Domestic Violence) of the Criminal Code of Georgia is highly usable in criminal investigations.</p> <p>The paper contains a detailed overview of article 1261 and Georgian case law about domestic violence.</p> Levan Tsakadze Copyright (c) 2022 JOURNAL "LEGAL METHODS" 2022-12-06 2022-12-06 6 10.52340/lm.2022.06 GREGORY VII AND “DICTATUS PAPAE” <p>Pope Gregory VII was one of the most extraordinary and active popes who ever hold St. Peter’s throne. His reforms are well known. <br>“Dictatus Papae” is a controversial document that enumerated basic principles and ideas of the Church, which determined future development of all Europe. Georgian text of the document is a translation from <br>Latin original.</p> Mariam Khoperia Copyright (c) 2022 JOURNAL "LEGAL METHODS" 2022-12-06 2022-12-06 6 10.52340/lm.2022.07