JOURNAL "LEGAL METHODS"

DER MENSCH IM RECHT

Gustav Radbruch; Nino Katamadze — Tue, 06 Dec 2022 00:00:00 +0000

Der Mensch im Recht” is an inaugural lecture of Gustav Radbruch,
which he gave at University of Heidelberg. He discusses ideas and
basic directions of image of human and personality in law and legal
history. Georgian article is a translation from German.

THE SCOPE OF THE SURETY’S LIABILITY IN THE EVENT OF THE LIQUIDATION OF THE PRINCIPAL DEBTOR

Giorgi Beridze — Tue, 06 Dec 2022 00:00:00 +0000

The article concerns the legal nature of suretyship contract and its
relation to the principal debt agreement. It discusses legal basis for
the performance of an obligation by the surety's following the death of
the principal debtor. Discussion is based on an analysis of the case
law of the Supreme Court of Georgia and doctricnal views.
The issue under consideration is important, because formal
legitimacy and the purpose of the law are at odds with each other. Aim
of the article is to assess the legal status of the guarantor and the
creditor, to determine whether a balance between their rights is
maintained

GUSTAV RADBRUCH AND GEORGIAN TRANSLATION OF “PHILOSOPHY OF LAW”

Dimitry Gegenava — Tue, 06 Dec 2022 00:00:00 +0000

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.

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

Nino Kartskhia — Tue, 06 Dec 2022 00:00:00 +0000

The article discusses the decision of the Constitutional Court of Georgia (December 25, 2020) which is related to an urgent search.
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.

LIMITS OF REMAND POWER IN THE LIGHT OF ONE JUDGEMENT OF THE SUPREME COURT OF GEORGIA

Tamta Kenia — Tue, 06 Dec 2022 00:00:00 +0000

Article 412 of Civil Procedure Code of Georgia deals with remand
power of cases to lower court and is one of the most central norms in
the context of right to a fair trial. On the one hand, fair use of the
mentioned norm by courts, ensures the avoidance of judicial error as
well as chance of rendering wrong/unreasonable decision and
increases the possibility of delivering a correct/reasoned decision to
the party, all abovementioned is important component of a right to a
fair trial. On the other hand, heavy caseloads could trigger improper
use of article 412 in practice, that can lead to undue delay or belated
justice, that is also covered by the right to a fair trial. This article is
dedicated to a case study of Judgment No.758-2019 of the Supreme
Court of Georgia, under which the limits of the remand power will be
discusse

LEGAL QUALIFICATION OF LABOR CONTRACT AND CONTRACT OF MANDATE (SERVICE COTRACT) WHEN CHECKING LEGALITY OF DEFAULT JUDGEMENT

Lana Chubinidze, Ana Gogoreliani — Tue, 06 Dec 2022 00:00:00 +0000

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
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
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
method of resolving a hard case was used by the judge

COMMENT TO THE ARTICLE 1261 OF THE CRIMINAL CODE OF GEORGIA

Levan Tsakadze — Tue, 06 Dec 2022 00:00:00 +0000

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.

The paper contains a detailed overview of article 1261 and Georgian case law about domestic violence.

GREGORY VII AND “DICTATUS PAPAE”

Mariam Khoperia — Tue, 06 Dec 2022 00:00:00 +0000

Pope Gregory VII was one of the most extraordinary and active popes who ever hold St. Peter’s throne. His reforms are well known.
“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
Latin original.