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Regarding the issue of jurisdiction in the field of combating acts of illegal interference in the activities of civil aviation 关于打击非法干预民用航空活动领域的管辖权问题
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.23
Davit Geferidze, Givi Ashortia
{"title":"Regarding the issue of jurisdiction in the field of combating acts of illegal interference in the activities of civil aviation","authors":"Davit Geferidze, Givi Ashortia","doi":"10.31578/jcl.v2i2.23","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.23","url":null,"abstract":"The present work is based on theoretical and empirical research. It should be notedthat along with the development of international civil aviation, the concepts: “Act of Unlawful Interference”and “Issues of Jurisdiction” are becoming increasingly popular. Illegal actions committed bypersons that threatened the safety of civil aviation and that affected the legal well-being of passengerson boards of aircrafts were not initially recognized at the legal level by international air law, therefore,it became problematic to qualify such actions, but due to the increased use of airspace and along withthe development of the transportation sector, it became necessary to form new approaches based onthe existing experience. This led to the creation of five conventions which are discussed in terms of theexercise of jurisdiction.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139280917","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}
引用次数: 0
The Doctrine of “ Substance over form “ in Economic Relations 经济关系中的 "实质重于形式 "理论
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.28
Zviad Rogava
{"title":"The Doctrine of “ Substance over form “ in Economic Relations","authors":"Zviad Rogava","doi":"10.31578/jcl.v2i2.28","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.28","url":null,"abstract":"The article discusses issues of application of the doctrine of “ Substance over form”in the legislation and judicial practices of England, the USA, Asian and continental European states.Special attention is paid to the development of the mentioned doctrine in Georgia","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"184 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139281380","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}
引用次数: 0
Legal regulation issues of remote examination of cases in administrative bodies and courts 行政机构和法院远程审理案件的法律规范问题
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.29
Maka Salkhinashvili
{"title":"Legal regulation issues of remote examination of cases in administrative bodies and courts","authors":"Maka Salkhinashvili","doi":"10.31578/jcl.v2i2.29","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.29","url":null,"abstract":"The article discusses the issues of legal regulation regarding remote hearings in administrativebodies and courts. During the covid pandemic, administrative bodies and courts in Georgiaand abroad used to hold sessions remotely, although the mentioned issue was not regulated by legalacts. Later, various administrative bodies adopted by-laws. One of these administrative bodies is theGeorgian National Energy and Water Supply Regulatory Commission (hereinafter, GNERC). Initially,amendments were made to the Law of Georgia “On Energy and Water Supply”, and later GNERC adoptedcorresponding administrative acts.The article elaborates on the difficulties that accompanied and accompany remote examinationsof cases in administrative bodies and courts. The author’s opinions are expressed in the form of recommendations.Foreign practices are also considered within the paper.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139281527","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}
引用次数: 0
Interrelation between tort liability and strict liability in cases of compensation for damages resulting from economic crime 经济犯罪损害赔偿案件中侵权责任与严格责任的相互关系
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.25
Nona Zubitashvili
{"title":"Interrelation between tort liability and strict liability in cases of compensation for damages resulting from economic crime","authors":"Nona Zubitashvili","doi":"10.31578/jcl.v2i2.25","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.25","url":null,"abstract":"The relevance of the issue of the relationship between the doctrine of tort liability andstrict liability is caused by the decisions of the Supreme Court of Georgia in 2015 on two identicalcriminal cases of tax evasion, whereby the strict liability of the partner was used as the legal basis forcompensation of property damage, instead of tortious liability. This article discusses the principles ofvicarious liability and tortious liability in determining property liability resulting from economic crime.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139281418","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}
引用次数: 0
Conceptual aspects of the criminal responsibility of the corporation (Comparative analysis) 公司刑事责任的概念问题（比较分析）
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.31
K. Kokrashvili
{"title":"Conceptual aspects of the criminal responsibility of the corporation (Comparative analysis)","authors":"K. Kokrashvili","doi":"10.31578/jcl.v2i2.31","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.31","url":null,"abstract":"The article is devoted to the stages of historical development of the institution ofcriminal liability of a legal entity, primarily a corporation, the peculiarities of this institution in thecontext of the “doctrine of identification” and its important conceptual issues. Based on the analysisof the legislation and practice of different countries, the article presents different models of criminalliability of corporations and their characteristics; Also, the flaws in the modern practice of the“doctrine of identification” and the grounds for its reformation.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139281285","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}
引用次数: 0
The Role of International Humanitarian Law in Ensuring International Peace on the Example of the 1949 Geneva and 1954 Hague Conventions 以《1949 年日内瓦公约》和《1954 年海牙公约》为例探讨国际人道主义法在确保国际和平方面的作用
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.32
Nika Chitadze
{"title":"The Role of International Humanitarian Law in Ensuring International Peace on the Example of the 1949 Geneva and 1954 Hague Conventions","authors":"Nika Chitadze","doi":"10.31578/jcl.v2i2.32","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.32","url":null,"abstract":"The paper analyzes the basic principles of international humanitarian law, maininternational conventions that were adopted within the mentioned framework of the internationallaw. In particular, the article focuses on the Geneva Convention of 1949, which provides for theprotection of civilian population and civilian infrustructure during hostilities, and the Hague Conventionof 1954, which provides for the protection of cultural heritage and historical monumentsduring military actions.The research also discusses the legal foundations of the Russian-Georgian war, using the exampleof violation of the principles of international humanitarian law during the Russian militaryaggression against Georgia in 2008.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139280698","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}
引用次数: 0
The relation of the principle of good faith to the limiting and excluding circumstances of contractual liability 诚信原则与合同责任的限制和排除情形的关系
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.30
Tamta Tabatadze
{"title":"The relation of the principle of good faith to the limiting and excluding circumstances of contractual liability","authors":"Tamta Tabatadze","doi":"10.31578/jcl.v2i2.30","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.30","url":null,"abstract":"The content of the article reflects the relationship of the principle of good faith withthe circumstances of maintaining and excluding contractual legal responsibility, its relevance andcontradiction. The reasoning in the research is guided by the extent, to which circumstances, thatfocus on the limitation of liability, will pass the general test of the principle of good faith. Attentionis focused on the consistency and relevance of the principle of good faith with the norms stipulatedin the contract during contracting. Also, on the correct interpretation of good faith as a general,somewhat abstract and undefined, so-called “open norm”. The study of the article mainly serves todiscuss the limiting and excluding circumstances of contractual liability in combination with theprinciple of good faith. For more clarity, specific examples are discussed, as well as excerpts fromjudicial practice, which determine the compatibility of the principle of good faith and limiting andexcluding circumstances of responsibility.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"62 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139280318","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}
引用次数: 0
Problems of compatibility of specificities of human values system, business, state and society 人类价值体系、企业、国家和社会特性的兼容性问题
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.22
Anzor Abralava, Grigol Abralava
{"title":"Problems of compatibility of specificities of human values system, business, state and society","authors":"Anzor Abralava, Grigol Abralava","doi":"10.31578/jcl.v2i2.22","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.22","url":null,"abstract":"Two forms of relations of the state economic authority with the economic agents areanalyzed: 1) paternalism and 2) free cooperation, the role of economic governance performed in relationto the state economic agents. The development trend of institutions that appear between the stateand individual private owners and begin to perform the function of economic mediator, carrier of localinterests, representative in state government bodies is analyzed. This trend is titled corporatism, and itsmodern variant is neo-corporatism. It is noted that the prevailing type of socio-economic thinking affectsthe system of social partnership. Three behavioral stereotypes are possible in the public mentality: a)in dominance-subordination relations, b) in the system of confrontation (power relation/confrontation)c) in cooperative relations (cooperation). While discussing t the problems, attention is payed on the followingissues: 1) formation of civil society and degree of development of corporatism; 2) tripartism andproblems of establishing social-labor relations; 3) ways to overcome the “economy of natural persons”;4) The concept of a new public agreement between the government and civil society. The question ofthe relationship between paternalism and private initiative is analyzed, the analysis of the results of thesocio-economic attitude research in Georgia is presented.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139280790","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}
引用次数: 0
Towards a new Civil Code of Georgia 制定新的《格鲁吉亚民法典
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.33
Zurab Chechelashvili
{"title":"Towards a new Civil Code of Georgia","authors":"Zurab Chechelashvili","doi":"10.31578/jcl.v2i2.33","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.33","url":null,"abstract":"The present work provides justification for the necessity of adopting a new Civil Code ofGeorgia; as recent years have shown, normative material of first three books of the Civil Code of Georgiacontain important textual and translational errors, which cannot be overcome by making specific „local“ changes.The only solution is to completely update the text of the Civil Code, which we will try to briefly argue below.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139281156","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}
引用次数: 0
Political tolerance as one of the foundations of democracy 政治宽容是民主的基础之一
Journal of contemporary law Pub Date : 2023-11-10 DOI: 10.31578/jcl.v2i2.21
Sophio Demetrashvili
{"title":"Political tolerance as one of the foundations of democracy","authors":"Sophio Demetrashvili","doi":"10.31578/jcl.v2i2.21","DOIUrl":"https://doi.org/10.31578/jcl.v2i2.21","url":null,"abstract":"Presented research paper explores the basis of political tolerance while forming a democraticstate. Political tolerance, or the willingness to extend procedural liberties such as free speechand association to unpopular or disliked individuals or groups, has long been viewed as essential fora stable and effective democratic system. Political Intolerance exists everywhere, even in USA, butconstantly educating people and enacting appropriate laws help to keep the society on the right track.Although, tolerance has long been identified as a crucial feature of liberal democracies. The lack of politicaltolerance suggests that democracy is nothing more than a thin layer of varnish that can be easilyscraped away. Lack of political tolerance is a problem everywhere. Democracy upholds that membersof the society should treat each other and be treated as equals. It’s like an acceptance and respect ofthe other. In wide view political tolerance means accepting and respecting the basic rights and civil libertiesof persons and groups whose points and views are different from one’s own. Furthermore, peoplehave responsibility to practice political tolerance in their words and actions. This article is dedicated tothis research.","PeriodicalId":81646,"journal":{"name":"Journal of contemporary law","volume":"49 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139280246","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}
引用次数: 0
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