samart`ali da msop`lio最新文献

{"title":"INVESTIGATING POLITICAL SECURITY AS A SUBSET OF HUMAN SECURITY WITH A FOCUS ON URBANIZATION IN HUMAN RIGHTS","authors":"","doi":"10.36475/9.3.4","DOIUrl":"https://doi.org/10.36475/9.3.4","url":null,"abstract":"The Political Security Review of the human security subcategory, which focuses on human rights, provides a comprehensive overview of how protecting and promoting human rights is critical to maintaining political stability and ensuring security in societies. This subcategory recognizes that violations and abuses of human rights can lead to profound instability, social unrest, and conflict. By focusing on this aspect of human security, policymakers and scholars emphasize the need for a comprehensive approach to protect individuals' fundamental freedoms, ensure their participation in decisionmaking, hold those responsible for human rights violations accountable, and address systemic inequalities. In this way, they seek to create an environment where all people can exercise their rights without fear of retribution or discrimination. A thriving democracy and sustainable peace require not only robust political institutions, but also a commitment to upholding human rights as the basis for achieving lasting security.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135032343","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":"EVOLUTION OF PARLIAMENTARY IMMUNITY AND PRIVILEGES","authors":"","doi":"10.36475/9.3.5","DOIUrl":"https://doi.org/10.36475/9.3.5","url":null,"abstract":"The evolution of parliamentary immunity and privilege is a fascinating subject that reflects the development and transformation of democratic governance. This article provides an overview of the historical progression and key aspects of parliamentary immunity and privilege, highlighting their significance in protecting legislative independence and fostering democratic debate. Parliamentary immunity gives a legal protection to the members of parliament from being held accountable or prosecuted for their speeches or actions in the course of their parliamentary duties. The idea of “parliamentary privilege” is another one that embraces the notion of “popular sovereignty,” emphasising that lawmakers are the representatives of the will of the people. In many democracies, the scope of immunity has been refined to prevent abuse and maintain public trust. Additionally, courts have played a crucial role in interpreting and defining the limits of parliamentary privilege, striking a balance between the need for robust debate and accountability.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135032503","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":"DETERMINATION OF INDIVIDUALS’ FREEDOM RANGE RELYING ON THE COMPARATIVE STUDY OF HARM PRINCIPLE IN WESTERN AND ISLAMIC LEGAL SYSTEMS","authors":"","doi":"10.36475/9.3.2","DOIUrl":"https://doi.org/10.36475/9.3.2","url":null,"abstract":"One of the most respected principles of human societies is the freedom of individuals’ will in fulfilling their desired interests. Therefore, not only individuals but also public authorities cannot prevent the freedom of individuals from benefiting social and economic interests under any pretext. However, in some cases, the freedom of individuals in obtaining the greatest benefit, conflicts with each other, in such a way that the absolute freedom of someone to obtain more benefit, in some cases, makes harm the others. Therefore, it is very important to determine the limits and loopholes of individuals freedom and to establish a balance between it and the harm that may be caused to others due to this freedom. as this determination can have a wide impact on the comprehensive development of a state and the people living on it, Due to this necessity, many schools of thought throughout the history have commented on this issue including Islamic and Western schools of thought. The philosophical thoughts of these two schools, one of which is included in the Islamic rule of \"no harm\" and the other in the Western rule of \"harm,\" has led this article to investigate the points of commonality and differences between these two rules in the shared interaction between them. This paper finally reached the conclusion that from the perspective of legal science, the freedom of individuals in fulfilling their interests is of special importance to ensure the maximum social welfare of any society and its people. So governments, not only should not hinder people's activities, but also In their management, should first seek to combine the conflicted interests of individuals with each other and if it is not possible, in the second step, they should give priority to fulfilling the interests that have the most public function for the most people in the society.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135031796","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":"ORGANIZATION, LAW AND INDIVIDUELS: THE PROBLEMATIC OF REGULATIONS AND LEGISLATION IN THE FACE OF CULTURE","authors":"","doi":"10.36475/9.3.3","DOIUrl":"https://doi.org/10.36475/9.3.3","url":null,"abstract":"The purpose of this research paper is to present a study and analysis of the interaction and discourse between law, individuals, and culture within organizations. It aims to explore the social issues that arise because of this interplay, highlighting their impact on society. The paper investigates how legislation and organizational elements challenge societal norms, values, and the social structure of the community. Our approach is based on the literature and empirical observations accumulated throughout our professional and research ex- periences. The data we have collected is of a qualitative and exploratory nature, enabling us to have flexibility in the presentation, analysis, and formulation of initial conclusions and observations.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135032485","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":"HOUSE ARREST AS AN ALTERNATIVE TO PRISON SENTENCE IN MODERN GEORGIAN LAW (Evolution and Transformation)","authors":"","doi":"10.36475/9.3.9","DOIUrl":"https://doi.org/10.36475/9.3.9","url":null,"abstract":"This article is about house arrest, one of the types of non-custodial punishment in modern Georgian law, where the legal problems of using this benefit, provided by the law, are discussed, which is based on a deep analysis of practice and research of a number of scientific works. The importance of the topic was determined by the unfavorable state of the domestic legislation, the existence of a non-homogenous practice on the part of the court in relation to the “revision” of the decisions made by the local councils of the special penitentiary service, the incalculability of statistical data, as well as the great practical importance of the said topic in the process of both law-making and law enforcement, due to the paucity of modern Georgian legal literature regarding this concept. The aim of this article is to clarify the legal nature and the extent of house arrest, not only on the example of Georgia, but also on the example of some foreign countries, which will make the process of scientific research of the legal problems, of replacing the remaining sentence with house arrest, even more interesting and diverse. In addition, the article also aims to analyze the errors made in the applied practice and to develop scientifically based recommendations to eliminate the gaps in the rules regulating house arrest. The results of the theoretical/empirical research allow legal analysis to be made on the introduction/establishment of non-custodial punishment, which was previously unfamiliar to our country; to what extent the aforementioned legislative innovation was justified and what can be done for its further refinement/perfection, which is ultimately aimed to prohibit the usage of non-homogenous practice, regarding the use of the mentioned legal mechanism, on the part of both the decision-making body and the court. Historical, formal-logical, dogmatic, formal-legal, comparative-legal, descriptive and systematic methods were used to study the problem, posed in a separate chapter of the article. Furthermore, the data of legal statistics was used to study and generalize the practice of local councils, as well as the court, and the final part is devoted to the conclusive decrees obtained as a result of the study and scientific processing of the raised issues.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135032484","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 ORGANIZATIONAL STRUCTURE OF THE ENFORCEMENT SYSTEM IN GEORGIA (In terms of a mixed system of enforcement and protection of basic rights of persons participating in theenforcement proceedings)","authors":"","doi":"10.36475/9.3.10","DOIUrl":"https://doi.org/10.36475/9.3.10","url":null,"abstract":"Timely and efficient enforcement of court decisions is the most important process for any legal state since the power of the law lies in its enforcement. The effectiveness of the enforcement process may have a significant impact on the development of the socio-economic situation of the country, as well as positively affect the level of public confidence in the court. The effectiveness of the enforcement process largely depends on a well-functioning enforcement system; therefore, it must have maximum independence, and flexibility and, at the same time, be focused on the protection of basic human rights and freedoms. Its organizational arrangement and the levers of enforcement implementation, the rights and duties of the persons participating in the enforcement proceedings, as well as the scope of authority of the bailiff as an enforcement entity in the process of enforcement proceedings are important, along with this, the existence of the private bailiff institution in Georgian enforcement law is of the utmost importance. Based on the foregoing, the article reviews the development of the enforcement system in Georgia, the structure of the National Bureau of Enforcement and its powers and the peculiarities of the work of a private bailiff. The importance of the principle of protection of balance and proportionality between the persons participating in the enforcement proceedings is also reviewed and the author’s vision regarding each issue is presented to eliminate the gaps in practice.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135031820","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 EFFECT OF THE PRINCIPLE OF INTEGRITY IN THE INSURANCE CONTRACT","authors":"","doi":"10.36475/9.3.8","DOIUrl":"https://doi.org/10.36475/9.3.8","url":null,"abstract":"The purpose of the research topic is to conduct an in-depth study of the issues related to integrity and its protection in insurance relations and to identify legal and practical problems that arise in non-compliance with this principle. Consequently, the goal of the topic is to analyze the mentioned problematic issues, highlight them, and subsequently propose potential solutions and recommendations for the benefit of readers.1 Integrity is the principle of civil turnover, therefore its solidity and stability depend on the integrity of the participants in civil turnover. “Integrity is not only a right but also an assumption of fulfilling a duty, because integrity implies the action of the participants of the civil turnover with consideration and responsibility, treating each other with respect for the rights”;2 Consequently, since the insurance contract is a type of civil contract, it is natural that the obligation to protect integrity is also essential in relation to it;3 Nonetheless, I believe that in the case of insurance, protection of integrity acquires an even wider meaning and implication. This is because the fundamental principle and core of insurance contracts is based on the supreme trust between the involved parties. Consequently, if the contracting parties fail to uphold the principle of integrity, it could cast doubt on the existence of the insurance.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135032490","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":"PROBLEMATICS OF QUESTIONING A PERSON IN THE CURRENT CRIMINAL PROCEDURE LEGISLATION","authors":"","doi":"10.36475/9.3.7","DOIUrl":"https://doi.org/10.36475/9.3.7","url":null,"abstract":"The article deals with the regulations related to the questioning of a person, its similarities, and differences with the interrogation of a witness in court in accordance with the Criminal Procedure Code of Georgia. The author presents the problems that arise in the practical application of legal norms related to the questioning of a person. This often becomes the basis for delaying the investigation and, in general, harms the justice process. The paper discusses ways to solve the problems presented. To better present the problems discussed in the article, hypothetical examples are offered that will help the reader get a clear idea of the existence of possible negative factors during the application of the norms under discussion in practice. It will assist us in studying the mentioned issue by comparing the issue under consideration with the procedural rules of interrogating the witness standing close to it. Also, an analysis of the legal framework of foreign countries regarding witness interrogation procedures is presented, which will help us identify the problem and find solutions.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135032492","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":"FIELD OF APPLICATION OF ALGERIAN COMPETITION LAW TO INTERNATIONAL DISTRIBUTION CONTRACTS (Model Trade Concession Contract)","authors":"","doi":"10.36475/9.3.1","DOIUrl":"https://doi.org/10.36475/9.3.1","url":null,"abstract":"The astonishing expansion of the global market and its trend to- wards globalization and the spread of international contracts have led to the emergence of international distribution channels aimed at achieving economic development and, thus, to the need for the Algerian market to integrate with these economic developments by creating an economic environment commensurate with these con- tracts considering free competition. The franchise contract is one of the international distribution contracts that contribute significantly to the development of devel- oping countries by expanding the spread of major brands across the world, but these contracts are subject to some competitive legal conditions to avoid competition in the market. Through this study, we will learn about the concept and types of commercial concession contract and the scope of application of the provisions of the Algerian competition law to it.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135031818","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":"CONSUMER RIGHTS CONCEPT AND HISTORICAL REVIEW","authors":"","doi":"10.36475/9.3.11","DOIUrl":"https://doi.org/10.36475/9.3.11","url":null,"abstract":"The article aims to establish the concept of consumer rights and the need for protection based on the historical necessity of the origin of consumer rights and the review of the existing legal regulations in Georgia, the European Union and the EU member states. Accordingly, the paper discusses the issues of the origin of consumer rights, their development in the territory of the European Union and the former Soviet Union. In the article, there is a separate review of the current approaches to the concept of consumer and trader in the legislation of the European Union, EU member states and Georgia.","PeriodicalId":52638,"journal":{"name":"samart`ali da msop`lio","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135031819","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}