RUDN Journal of Law最新文献

{"title":"Interpretation Methods of the Constitution in German Constitutionalism (Distinct Aspects)","authors":"Tinatin Erkvania","doi":"10.60131/jlaw.1.2023.7067","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7067","url":null,"abstract":"At this stage of development, it is vital for the science of Georgian constitutional law to actively conduct comparative-legal studies in order to perceive better both their own (constitutional) identity and the experience of other legal cultures and the prospects of integrating their best practices into the national legal system.
 The article analyzes the key issues for the theory of constitutional law (distinct spectrum), in the context of interpretation methods of the constitution seeing the example of the German constitutionalist discourse, which in turn, is essential considering the science of European constitutional law, on the subject of perceiving and determining the worth schemes of basic human rights and, in general, understanding the essence of constitutionalism.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"For the Legal Nature of Liming","authors":"David Bostoghanashvili","doi":"10.60131/jlaw.1.2023.7059","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7059","url":null,"abstract":"The term “gaghma-gamoghma dakirva” (Liming one by one) is stated as a form of punishment in Catholicos Law article 22. Despite the various opinions on this form of punishment, the final picture has not been reconstructed. Reviewed sources allow us to conclude that administering the liming was similar to the stoning and meant stoning using stones, grit, and lime (limestone). Furthermore, the liming of criminals was not permitted together and had to be administered separately.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enforcement of Competition Law on Digital Platforms – Responsive Modelling for Digitization Challenges under the EU Law","authors":"Tamta Margvelashvili","doi":"10.60131/jlaw.1.2023.7063","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7063","url":null,"abstract":"The law of the European Union (hereinafter the “EU\") is a complex legal system that builds supranational law on the basis of comparative studies.[1] For the EU the harmonization of law is one of the instruments that ensures the proper functioning of the EU internal market and achieves the idea of perfecting European integration, which has long gone beyond its current geographical boundaries to include the \"Third World\".[2] Accordingly, the harmonization of competition law is not only an endeavor for EU member states to develop a unified system to ensure effective competition, but it is also a basic tool for countries on the path to EU membership.
 This particular paper is focused on these important issues. It by directing its attention on the root of harmonization of EU competition law enforcement, presents the possibilities of competition enforcement mechanisms legal transfer for digital platforms from one jurisdiction to another based on a comparative method. Therefore, the first research object of the article is the normative and case law trends of the European Union, that ensure the enforcement of fair competition for digital platforms in the continuous process of digitization. On the other hand, the focus is shifted towards the prospects of harmonization of competition law enforcement tools for digital platforms in Georgia.
 
 [1] Vranken M., Fundamentals of European civil law. Blackstone Press, London, 1997, 14.
 [2] The term is used to refer to a country that is not a member of the European Union. Citizens do not enjoy free movement within the EU according to Article 2(5) of EU Regulation 2016/399 (Schengen Code).","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Role of Cryptocurrencies in Private Law and the General Framework for their Regulation","authors":"Mariam Chilachava","doi":"10.60131/jlaw.1.2023.7064","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7064","url":null,"abstract":"
 The 21st century is known for its strong technological advancements, where blockchain technology and a cutting-edge product built on it like cryptocurrencies are evolving daily. According to recent research, bitcoin is particularly appealing to both experienced and novice investors. Numerous individuals and legal entities around the world accept cryptocurrencies as payment. Cryptocurrency can be used to purchase both products and services. As a result, the need for legal regulation of cryptocurrency is high on the priority list.
 The purpose of this article is to evaluate the legal status of cryptocurrencies, namely what its legal character is and whether it is conceivable to treat cryptographic currency as an object of private law, as property, as electronic money, or as virtual cash. Is it better than traditional currencies, and if so, what are they? All of the foregoing will be reviewed in light of the suggestions of the United States of America, Australia, Argentina, Brazil, Germany, Zealand, Japan, South Korea, China, Georgia, and the European Central Bank.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problematic Aspects of Influence Trading in the Context of ComparativeLegal Analysis of Georgia and European countries","authors":"Giorgi Gamkhitashvili","doi":"10.60131/jlaw.1.2023.7074","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7074","url":null,"abstract":"The present article article examines the legal aspects of influence trading in light of the analysis of the \"Criminal Law Convention on Corruption\" of the Council of Europe and the legislation of several European countries. In this respect, the article analyzes the main legal framework of the act of influence peddling as defined in the Council of Europe Convention, the legal extent of its action, and the significance of its implementation in the national criminal law of each state. Thus, in this regard, the article analyzes in depth the key aspects of the trade institution under the influence of Georgia, Spain, France, Belgium, and Hungary, as well as the questions of their conformity with the Council of Europe Convention. Furthermore, in terms of comparative legal analysis, the differentiating legal characteristics of the trade institution under the impact of Georgia and the aforementioned European nations are explored.
 Influence peddling, as a form of lever for exerting undue influence on officials through personal relationships, provides a corrupt background to the extent that this behavior undermines the reputation of state institutions and the degree of trust in them in the eyes of citizens. Influence peddling is comparable to lobbying in terms of exerting influence on government officials, which is why several European nations have declined to criminalize it. Hence, the concept of interaction between influence trading and lobbying organizations is extensively investigated. Ultimately, the key legal features of influence trading were analyzed in terms of comparative legal and systematic analysis, and a clear boundary was made between the aforementioned institution and other associated legal activities such as lobbying, legal or other services, and other consulting activities.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Practical Aspects of a Plea Agreement (bargaining)","authors":"Irine Bokhashvili","doi":"10.60131/jlaw.1.2023.7072","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7072","url":null,"abstract":"In the modern world of negotiations, it is increasingly important to talk about the perfection and renewal of a plea agreement as a speedy justice in the criminal process.
 The purpose of the presented work is to discuss and analyze the main essential features of a plea agreement based on the current legislation, existing domestic judicial practice, approaches of the European Court and the experience of foreign countries (mostly, the USA), which contribute to the enhancement of proposals for legislative or practical improvement due to the relevant conclusions.
 The paper reviews such topical issues as: the guilty plea as the subject and basis of a plea agreement and the ratio of benefits gained in exchange for it; Participation of parties in a plea agreement and the analysis of their comparison with the concept of a party qualified to take part in the process; A motion to approve a plea agreement as the main formal basis for a mistrial; The place and role of the so-called \"plea agreement standard\" in the system of proof standards; The exceptional rule provided by Article 55 of the Criminal Code of Georgia and the issue regarding the independence of the judge during the selection/appointment of the type of punishment; Consideration of the motion for approval of a plea agreement and features of the appeal results (current issues of legislation and judicial practice).
 As a conclusion, at the end of the paper, the author proposes the opinion on the main problematic aspects, and offers the following summary: at the current stage, it could not be appropriate to introduce changes about increasing the competence of the judge to determine the punishment in the first provisions of a plea agreement of the Criminal Procedure Code of Georgia; It is pertinent to develop the interpretation of the legal regulation and judicial practice in the direction of defining only beyond a reasonable doubt standard as a single standard for establishing a guilty verdict.; It is appropriate to refine the legal regulations and establish a new judicial practice of the prosecutor's appeal of the verdict on the approval of a plea agreement, and it is proposed to recommend that such a case should be considered as a revision of the verdict due to newly discovered circumstances and that the prosecutor exercise the mentioned competence on the basis of a motion.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Peculiarities of Legal Regulations of Financing Political Parties in Foreign Countries (Comparative-legal aspects)","authors":"Gia Gogiberidze","doi":"10.60131/jlaw.1.2023.7066","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7066","url":null,"abstract":"Political parties are important and indispensable subjects of modern political life, which play an essential role in functioning of democratic political system. Increasing the role of political parties in political processes made such unions face new challenges, think about institutional strengthening and perfecting consistently, develop effective mechanisms to overcome the confrontations related to the organization of a complex and multifaceted election campaign, as well as their participation in other aspects of political life. The increased role of political parties, in turn, has a significant impact on the issues of financial support of parties. The new functions and tasks require additional financial resources to ensure the capacity and sustainability of parties. The specifics of financing political parties, keeping healthy competition, fairness and transparency in the mentioned process, force the states to implement the regulation of financing parties on the basis of a special legislative norm. 
 The presented article reviews the features related to the legal regulation of financing political parties in foreign countries. The article also discusses the issues concerning the publicity and transparency of the financial activities of political parties and the mechanisms of supervision and responsibility for the financial activities of political parties.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Normative Regulation of the President's Veto in Georgian Legal Reality","authors":"Zurab Matcharadze, Paata Javakhishvili","doi":"10.60131/jlaw.1.2023.7068","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7068","url":null,"abstract":"In modern constitutionalism, the mechanism of checks and balances between the highest executive bodies is one of the main characteristics of a legal and democratic state. The interaction of the government branches is limited by the constitution and includes many tools, among which the right of the head of a state to make the reasoned statements on the law adopted by the legislative body and return the law to political discussions, must be highlighted. This right, which is often specified as the presidential veto in republican countries, has an exceptional importance in terms of the practical implementation of checks and balances principle.
 In Georgian legal reality, constitutionalization of the presidential veto is connected to adoption of the Constitution in 1995. Since this period, the procedural rules defined by the Constitution of Georgia have undergone many changes, and finally, on the basis of the constitutional reform of 2017, they were formed with the current version. The abovementioned constitutional reform led to a new regulation of the president's involvement in the legislative process. The purpose of this article is to identify and discuss issues related to the normative regulation of the president’s veto. 
","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kafka, Benjamin, Derrida: On Violence, Law and Justice","authors":"Zhiron Khujadze","doi":"10.60131/jlaw.1.2023.7065","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7065","url":null,"abstract":"Kafka’s parable “Before the Law” tells us about the countryman who spends his whole life in front of the law’s gate and aims futilely to gain access to it. This article is devoted to the main question expressed as follows: why can’t the man attain his aim? Wording the question is already an interpretation which in Kafka’s world is not completed by “solving”. And philosophers of “irresoluble” are Walter Benjamin and Jacques Derrida. They read Kafka (his literature and his personality) and help the man from the country, which requires analysing the connections and relations between the law (das Gesetz, la loi) and violence, law (das Recht, le droit) and religious teachings, the law and its origins, law and justice.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Realization of Vindication Claim on Immovable Property and Some Counterclaims","authors":"Eka Zarnadze, Tamar Chalidze","doi":"10.60131/jlaw.1.2023.7061","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7061","url":null,"abstract":"The article is devoted to the problems of realizing the Vindication claim as a means of protecting the right to property in the Georgian legal order, in the form of researching the procedural and material legal features of this kind of lawsuits and presenting recommendations to overcome the delay in their consideration.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}