JOURNAL "LEGAL METHODS"

Ideals and Doubts

Oliver Wendell Holmes; Lasha Lursmanashvili — Mon, 02 Oct 2023 00:00:00 +0000

In his article “Ideals and Doubts”, Oliver Wendell Holmes subjects the intricate relationship between ideals and doubts within the human experience to careful scrutiny. The principles of scientific reasoning and moral skepticism, which underscores the importance of empirical evidence in understanding the world may be taken to signify an ideal, but only in a limited sense. The doubts are the limitations of human faculties inherent in Holmes’s methodology towards achieving an authentic knowledge of the world and the law by implication. While, inherent complexities and unpredictability of human behavior, the fallibility of human reason and general human predicament that presumably lie beyond the reach of scientific inquiry may catalyze these doubts to unfold, they give birth to critical reflection leading to a deeper and more nuanced investigation of our ideals. Doubts and ideals drive human experience and one may only wonder what implications this might have for our ever-growing legal and social institutions.

CIVIL CODE OR CIVIL LAW – TOWARD A NEW EUROPEAN PRIVATE LAW

Reinhard Zimmerman; Tamar Chalidze — Mon, 02 Oct 2023 00:00:00 +0000

The work represents a critical analysis of legal unification attempts at transnational, European level. The author asks whether it would be useful to codify private law at the European level? He criticizes the ways in which those with the political will to achieve such unification seek to achieve the goal, and ultimately believes that the only correct and natural path to legal unity is an approach that uses a common past as the most obvious and natural starting point for analyzing and understanding the development of modern law.

GENERAL OVERVIEW OF THE ARTICLE 74 OF THE CONSTITUTION OF GEORGIA

Besik Loladze — Mon, 02 Oct 2023 00:00:00 +0000

Strong local self-government is one of the most important parts of democracy and rule of law. This system is based on the constitution, which gives not only the institutional legitimation, but also framework and basic lines for the implementation of local self-government in everyday life. Article 74 of the constitution of Georgia regulates constitutional guarantees for independence, stability, and democracy for the local self-government. This article overviews the constitutional norm and the basic principles provided by it.

COMPARISON UKRAINIAN AND GEORGIAN LAWS ON DE-OLIGARCHISATION

Sandro-Giorgi Sarukhanishvili — Mon, 02 Oct 2023 00:00:00 +0000

De-Oligarchisation was one of the recommendations of the EU Commission given to Georgia in order to obtain Candidate Status. In response, the Georgian Government drafted a law on De-Oligarchisation similar to the Ukrainian version. In the article, the concept of the oligarch, and the legal criteria for the recognition as an oligarch are discussed. The methods of the execution of the laws in Ukrainian and Georgian versions are analyzed. The Georgian political situation is investigated in order to determine the purpose of the law. The final opinion of the Venice Commission is discussed, and the positive and negative characteristics of both versions are reviewed. The possibility and efficiency of the execution of the Georgian draft law are evaluated.

DEFECTS OF THE SUPPORTING INSTITUTIONS OF THE GEORGIAN NATIONAL ANTI-CORRUPTION SYSTEM

Giorgi Kiknavelidze — Mon, 02 Oct 2023 00:00:00 +0000

Georgia has a very interesting history of the institutional and anti-corruption reforms, but still there are many defects and problems in the process of implementation of the international responsibilities taken by the country. Petty corruption is practically on the minimum, but there is a challenge in the direction of elite corruption.

The paper analyzes basic defects of the supporting institutions of the Georgian national anti-corruption system, especially law enforcement organs and parliament. The article gives some recommendations for solving these problems and describes ways for systematization of them.

IMPOSING A SENTENCE IN THE CASE OF RECIDIVISM (ANALYSIS OF THE CASE LAW)

Khatia Shekiladze — Mon, 02 Oct 2023 00:00:00 +0000

Article 58 of the Criminal Code of Georgia defines the imperative rule of sentencing in case of recidivism, which, at first glance, establishes a simple legal regulation, however, judicial practice clearly shows problematic cases and difficulties of applying the mentioned norm. The rule of sentencing in the case of recidivism significantly limits the scope of the judge's discretion and, in the conditions of essentially identical legal circumstances, sets the same standard for all. In order to use the norm in a targeted way and to establish a uniform judicial practice, it is important to analyze the judicial practice, identify problematic issues and determine ways to solve them, which significantly determines the foreseeability of the norm and ensures the avoidance of errors in judicial proceedings.

CIVIL RESPONSIBILITY FOR THE ACTION BY A PERSON WITHOUT LEGALLY VALID WILL

Ketevan Kochashvili — Mon, 02 Oct 2023 00:00:00 +0000

All humans are natural persons, who have capacity. It is an ability to have civil rights and duties and differs from legal capacity. Constitutional Court of Georgia annulled some provisions of the Civil Code of Georgia, which restricted legal capacity for the persons with psychosocial need. Idea and system of legal capacity was modified and reestablished in a new form. This article overviews some questions of civil responsibility of the persons without legally valid will, limitations of legal capacity on the ground of mental disorders and illness.

PREJUDICATION IN THE CIVIL PROCEDURE LAW (FOR THE HERMENEUTICS OF THE ARTICLE 106 OF THE CIVIL PROCEDURE CODE OF GEORGIA)

Jamlat Gvidiani — Mon, 02 Oct 2023 00:00:00 +0000

This paper centers on the principles of prejudication and competition, as well as the inconsistency between pre-determined factual knowledge and a judge's personal intuition. The article analyzes idea of legal prejudication in the comparative view, especially in the light of German, Estonian and Austrian civil procedural law, and case of the European Court of Human Rights. It focuses on the Article 106 of Civil Procedure Code of Georgia, its content, elements, and implementation in the Georgian case law.