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In the twenty-first century, several negative moments have accompanied many positive technological progress events. With the development of the digital world, criminals with special knowledge – cybercriminals have become active and have developed many means in the depths of cyberspace, with the help of which they achieve their criminal and illegal goals. The presented paper aims to analyze in detail and in-depth the system and working principles of digital black markets created by cybercriminals on the dark side of the Internet. The paper also looks at what tools and products are available on the digital black market and why digital black markets are hazardous to operate successfully. The paper analyzes practical cases, legal studies, and other interdisciplinary studies to present the problems in the legal struggle against digital black markets as of the day it was written. The paper’s primary purpose is to show why the unimpeded functioning of digital black markets on the dark web is dangerous – both for the ordinary citizen and the state structures. In the final part of the article, based on the analysis of the processed literature and practical cases, recommendations will be presented, the use of which is of particular importance to make the legal fight against digital black markets successful and to prevent such a dangerous phenomenon as digital black markets from existing in any part of the digital world.

Bali, one of the world’s tourism destinations, is now facing a paradoxical situation because the increasing number of tourists visiting Bali is going hand in hand with the gradual reduction in productive agricultural land due to land conversion. This paper analyzes the massive practice of converting productive farmland for tourism in Bali. It offers a human rights law lens, particularly the rights to land, food, and tourism, to view the problem discussed in the paper. Legal research primarily reads international legal instruments, Indonesia’s laws and regulations, and some secondary materials. The paper suggested that although the Bali provincial government has issued rules and policies to prevent the practice of land conversion, the government cannot fully control it because many agricultural lands have ownership status. Therefore, there is an urgent need to increase awareness of local communities as landowners to prevent such a practice. This paper also proposes using subak, a traditional farming system, as the basis for ecotourism and agrotourism activities to tackle the problem of land conversion in Bali.

The paper deals with the criminal act provided for in Article 303 of the Criminal Code of Georgia for unlawful felling of trees and bushes, the amount of damage caused to the environment, the procedure for its calculation and the significance of the damage. It will be discussed what constitutes and how the essential component of the disposition of the Article – substantial damage is calculated. Where is the line drawn between criminal and administrative responsibility? What kind of damage can be caused by the illegal cutting of trees and shrubs, and what are their implications for investigations, prosecutions, and courts? The paper is novel since other scientific works do not identify the subject of our study, and there are few studies of damage in textbooks or comments to the private part of the Criminal Code. The damage caused to the environment differs from the damage imposed for crimes with other material components provided by the criminal law code; its amount decides the basis of administrative or criminal law in a specific case. Therefore, the scientific study of the issue has practical significance. The scientific paper aims to clarify the essential component for the composition of Article 303 of the Civil Code – the study of the issue of compensation for damage and to create a correct understanding of the problematic issues raised around it.

International organisations play a vital role in shaping and implementing international norms and standards, contributing to the development of international law. This paper focuses on the United Nations (UN) as a prominent international organisation and examines its role in developing and implementing international law. Specialized entities within the UN, such as the International Court of Justice (ICJ), the United Nations General Assembly (UNGA), and the International Law Commission (ILC), have played significant roles in the development, codification, and implementation of international law. The UN serves as a platform for ongoing dialogue, identifies emerging challenges, formulates international legal and policy instruments, provides mechanisms for peaceful settlement of disputes, and collaborates with other international and regional organisations. However, this paper also acknowledges the inherent challenges and shortcomings of the UN and explores proposals for UN reform to address these issues, enhance its influence, and better fulfil its overarching purpose. Through an analytical assessment of the UN’s role and influence on international law, this paper aims to provide insights into the functioning of international organisations and their impact on shaping global legal norms.

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.

The paper is devoted to the features and advantages of using mediation in civil disputes. First of all, the article discusses the experience of some foreign countries (Germany, Lithuania, Estonia, etc.) in the field of mediation, and then aims to determine whether Georgian mediation is based on the model of any country or whether it differs in any specifics in Georgia. The article discusses the unique and extensive possibilities of mediation in resolving civil disputes. Consideration of the case in court is based on the consideration of legal issues, mediation is not limited to the consideration of legal issues; Non-legal aspects can also be analyzed during mediation. Thus, it is a flexible and informal process that gives the parties maximum freedom to discuss any issue of interest to them and takes into account their interests. The mediation process can be limited only by the interests of the parties and the mediator’s creative methods. In this way, the parties have control over the process and results of mediation. The paper confirms that mediation in Georgia is based on a rather narrow model. In fact, the Georgian legislator lays the development of mediation on practice and gives freedom of action to the mediator, although he stipulates that this freedom is limited by the will of the parties. Accordingly, the mediation process should be carried out in compliance with the principle of voluntariness of the parties. Mediation is particularly attractive to businesses because of its benefits. For the parties, the confidentiality of the mediation process, saving time and financial resources, maintaining economic relations between the parties, focusing on positive aspects, and a favorable situation for both parties are important. Mediation is aimed at the self-determination of the parties, which helps to prepare the necessary ground for the settlement of the dispute. In addition, mediation can help prevent future disputes.

Under Article 79 of the EAC Treaty, the Partner States have under- taken to harmonize and rationalize investment incentives to promote the Community as a single investment area while avoiding double taxation. Article 83 of the same Treaty states that the Partner States have committed themselves to adjust their tax policies to eliminate tax distortions. These provisions show the extent to which the EAC Partner States are willing to advance with tax integration as part of comprehensive regional integration. This approach is welcomed, as scholars generally agree that full regional integration cannot be achieved with- out tax integration. In this sense, tax harmonization is seen as a sure path to tax integration, a driver for effective regional integration. It is unfortunate, however, that tax harmonization in the EAC faces several challenges. Some causes of the challenges are legal, such as differences in legal systems, while others are geopolitically motivated. This paper discusses where the EAC currently stands in relation to tax harmonization. Starting with a theoretical framework, the paper focuses on the current practical aspects of tax harmonization in the EAC. The paper, therefore, highlights the existing discrepancies alongside the challenges in building a harmonized tax system in the EAC. The pa- per identifies three ways out de jure harmonization through traditional law-making by the legislature, de facto harmonization through judicial law-making processes, and tax coordination where tax harmonization does not work.

This paper reviews the European Union-Georgia relations and explores why and how the Europeanization has been a tool for Georgia’s democratization. It examines the notions of Europeanization and democratization, and scrutinizes their linkage in the context of Georgia. In order to prove the research question, the research reviews several major official documents and implemented reforms, mostly in democracy, good governance, human rights, strengthening democratically accountable institutions, justice, freedom and security. The paper argues that democratization agenda has been driven by Europeanization because of three reasons: it was a legitimization factor; they had value convergence; and pragmatic reason – EU provided necessary technical expertise, knowledge and financial resources for facilitating the painful reforms and easing their transitional consequences.

The rights and duties of the director in entrepreneurial activities are regulated by both the 1994 and 2021 editions of the Law of Georgia “On Entrepreneurs”. The powers assigned to him/her include leadership and representation of the entrepreneurial company. The legal relations of the director often goes beyond the scope of corporate law. Accordingly, the rights and duties established by other fields of law apply to him. One of them is the law of insolvency, which provides for the director’s involvement in such a regime as the rehabilitation regime. In the paper, the role of the director is considered within the framework of the regulation of the law of insolvency, the rehabilitation regime, which is regulated by the law of insolvency. In addition to reacting to the imperatively determined action, the law obliges the director to assess the evaluable and foreseeable circumstances and to take appropriate action on it. The topic is relevant and interesting, because in addition to the civil liability towards the director, criminal liability may also be considered. In order to properly discuss the topic provided by the article, the laws on Insolvency Procedings and on Rehabilitation and Collective Satisfaction of Creditors are compared with each other. Decisions/rulings of the general courts of Georgia have been used in the paper in order to clarify the position of the court regarding the issue. And, in certain cases, the legal norms of different countries and foreign language literature are cited in the article for the purpose of making a comparison.

Freedom of expression is critical for a state with democratic principles. A democratic society cannot exist in the absence of freedom of expression. A high quality of freedom of speech, sanctioned by statute and executed, is required for a person to voice his critical view about current events in the country without interference from the authorities. The purpose of this study is to focus on freedom of expression as one of the most important democratic values in the world. The paper discusses and analyzes the European Court of Human Rights practice in relation to freedom of expression. It is well known that the European Court of Human Rights grants signatory nations broad discretion in determining the level of interference with freedom of speech. The paper critically assessing the component of broad discretion that it grants to the Conventions signatory states. Parallel to the analysis, precedent law from the United States of America and the American model of freedom of expression are explored, which are also critically evaluated. Parallel to the consideration of the two most essential standards, emphasis is placed on the Georgian model of free expression, which indicates the works worth. Following the adoption of the American model of free speech at the legislative level in Georgia, the evaluation, analysis, and dissemination of full information to the public will be of the highest relevance and value. Finally, after the debate and analysis generated throughout the work, the essential discoveries are stated, and the authors viewpoint is stated.

Institute of Feudal Property Rights’ fundamental research is important for studying the Georgian law institutions of this period. The original means of obtaining property rights, including military trophy, have not yet been well explored. Due to peculiarities of feudal relations, the only thing that always connected the royal government with the fiefs during the period of Georgia’s unification or fragmentation into kingdoms was the obligation to military campaigns. Commitments were imposed not only to the secular but also to the ecclesiastical feudal lords. At the same time, depending on the form of military organization, permanent, mercenary or regular troops had different rules for capturing spoils of war and distributing them. The paper presents the main features of military booty as one of the important sources of acquisition of ownership in the old Georgian law. The paper examines rules for obtaining ownership of enemy property in feudal Georgia, the order of division of seized property between warriors of crusades and other authorized persons, and also examines the factors on which the legality of spoils of war was depended. The paper discusses issues such as: descriptive terms of spoils of war; property obtained by the sword as a indisputable property; Tradition of taking Panjiak – King Panjiak; The amount of the officers’ share in the booty, which was allocated either from Panjiaki or from the rest of the property.

India is a secular nation where innumerable followers of religions, sects live. The Constitution of India gives the protection for freedom of religion. The protection is not available to all types of religious practices. This protection is available to only those practices which are essential to religion. Whether any religious practice is essential or not? To adjudicate this Indian Supreme Court has adopted the ‘Doctrine of Essential Practice Test’. This paper explore the development of this doctrine in India. This paper has been divide in six parts. First part gives a brief overview about people and their faith and their protection under constitution. Second part deals with the concept of secular state. Third part discuss about the meaning and concept of religion. Fourth part deals freedom of religion under Indian Constitution. Fifth part deals with doctrine of essential practice test. Sixth and last gives the conclusion.

Secured Credit Transactions (SCTs) are necessary and unavoidable transactions that business owners engage in to ensure their businesses thrive. However, because of the possibility that a person seeking to take a loan may be desperate and be taken advantage of in a time of dire need, or on the other hand, the possibility that the party may present fake properties as security for the loan, there are legal requirements that both the debtor and the creditor must meet. This paper addresses the possible parties to the SCT and the condition each category of the party must meet for the transaction to be valid. It further identifies the measures to be implemented to ensure the validity of Secured Credit Transactions. This paper finds that Nigerian Law protects both the creditor and the debtor to ensure that the SCT does not fail and none of the parties run at a loss. This paper concludes that there is a need to further protect the debtor and the creditor against failed SCT and to ensure that parties are aware of the Legal requirement for successful SCT in Nigeria. This paper recommends that the age of infants should be reviewed and made uniform across the country and that there should be a possibility to have a thorough investigation of the title of landed properties online.

The importance of the scientific paper is due to the combined theoretical and practical analysis of the norm-principles of juvenile justice and the report of individual evaluation; in particular, the study of case law. The research uses the method of analysis and comparison, the method of logical reasoning and reasoning, the method of studying and generalizing specific criminal cases and established judgments. The structure of the paper is a kind of chain that is logically related to each other, which is consequently reflected in the sentencing of a judge. In particular, it analyzes what is meant and how to prioritize the best interest before the judge imposes a sentence, then logically links it to the principle of individual approach to the juvenile, which is also inherent in juvenile justice and the principle of best interest priority. These norms find practical viability in an individual assessment report, in particular, the paper discusses in detail what issues a social worker will explore before sentencing a juvenile. An individual assessment report within juvenile justice is the basis for a combination of outlining principles and making decisions tailored to the best interests of the juvenile. After taking into account a number of circumstances analyzed in the individual assessment report, the judge will have a clear idea of what will be the best decision for the juvenile to re-socialize-rehabilitate.

The Covid-19 pandemic changed the world and accelerated processes that could have taken decades without a pandemic. In this paper, the authors discuss the public and government responses to the new normal, nowadays reality, and most importantly, the legal regulations that have been enacted in different countries in response to the challenges. The paper discusses in detail issues related to security measures, social distance, gender issues, abortion, education and student mobility, employment, and entrepreneurship. A pandemic that has survived more than a year needs to be addressed. The decision-makers made efforts to create a provision for the influenza virus after it became prominent in society. The intention is not to be pessimistic but to be optimistic enough to create provisions for the future. Countries are aiming to achieve their commitments to recover from the pandemic. A pandemic demands a legal response as well as a social response. The research paper aimed to divert the attention of the readers to the untouched aspects of the law that are related to emergency situations, including pandemics. In the paper, we discuss the paradox of the pandemic, lockdown, and post-lock- down situations, as well as protests/riots, gender-based violence, healthcare, and education topics related to the changes that have taken place due to the pandemic.

The main goal of this paper is to outline the importance of Article 4 in the daily work of the North Atlantic Treaty Association. The paper answer the questions such as: in what cases are consultations called? Who can apply for consultations in NATO? What role does consultation play in the organization's decision-making? What kind of consultations can hold in the organization? A broad definition of consultation in the paper demonstrates its importance and effectiveness in the work of an organization. At the same time, practical examples indicate that it is very effective, and based on it, the Member States can make the best decisions. This allows the Member States not only to respond to threats of territorial integrity, political independence and security but also to have a preventive nature. The paper also includes the definition of bases of consultations that may threaten: that's are territorial integrity, political independence or security. Accordingly, the political and legal meanings of these terms are widely defined. Finally, the paper provides a clear legal definition of Article 4 of the founding Treaty of the North Atlantic Treaty Organization, which will enable the interested party to comprehend the conditions of this paper.

The paper presents the principle as a research issue as a basis for identifying a legislative gap. In terms of research methodology, the paper uses an inductive and deductive method that plays the lion's role in shaping the final conclusion. Especially important is the legitimacy method, which broadly shows the importance of the principle in the development of law, for law and justice. The aim of the paper is to cover the issue with a new approach, in particular, the paper combines, on the one hand, a review of constitutional procedures for gaps in the legislation, analyzes of ways to correct gaps in the legislation, against which the principle can be considered The issue is covered by analyzing the importance of the norm-principle of juvenile justice – prioritizing the best interests and defining its role in identifying gaps in the legislation in juvenile justice. To illustrate this point, such a fundamental issue of juvenile justice as custodial bail and its relevance to the priority of best interests as a matter of principle is analyzed. The findings are based on a critical analysis of the functioning of the juvenile justice norm-principle with bail in conjunction with a discussion of the constitutional issues of detecting legislative gaps. The existence of the principle as the basis of any legislation is outlined and its mirror principle is shown, according to which it reflects the legislative gaps and shows the way to the harmonization of the legislation.

In recent times, the importance of foreign investments becomes vital in the world’s economy. The mutual cooperation between developed and developing countries by signing the bilateral and multilateral treaties with its own dispute settlement mechanisms is growing significantly. Due to the fact mentioned above, the framework gives the possibilities for both - investors and host states to protect their rights in the international forum. The present research is related to the importance of the notion of “Investment” in International Investment Arbitration, its implications, and the current trends on the definition itself. This issue is very important, as it is a threshold jurisdictional question for the International Investment Tribunal’s jurisdiction. The paper discusses the Bilateral Investment Treaties, their legal nature, and the expediency of their conclusion. The issue of Notion of direct investment in bilateral investment treaties will also be detailed in the paper, moreover, there will be an overview of different types of BIT definitions on the example of different countries’ BIT practice. A very comprehensive discussion will be followed on the best practices established by the International Investment Tribunals regarding the definition of “investment”. In the end, the author will analyze whether or not there is a common/universal notion of investment in Investor-State disputes.

Judicial reform in Georgia has been in progress since the 90s. Significant changes have been made within the reform since 2012, including numerous positive changes that have taken place, namely: • Concrete steps were taken to free the High Council of Justice from political influence; • The activities of the Council of Justice have become much more transparent; • The role of the self-government of judges has increased; • An electronic case distribution system has been implemented; • The electronic services in court have improved; • Statistics on administrative case decisions have improved; • Improved statistics on criminal case decisions; Nevertheless, there are still significant problems in the judiciary. These problems concern both the review of cases and the management of the judiciary in general. These problems include: • Independence and impartiality of the judiciary; • Transparency of court hearings; • Violation of the rule of witness interrogation; • Low public confidence in the judiciary; • Delayed cases; • Overloaded court system. In this paper, the author has reviewed the positive steps in detail, taken for judicial reform. The main shortcomings in the current judicial system have also been discussed in detail. In this paper, the author offers her own opinions in order to eliminate the existing problems. At the end, special attention is paid to the need of bringing the justice system and the education system closer.

Present paper is intended to verify how strongly the current legislation of Georgia is focused on the prevention of disciplinary misconduct of judges. The matter is discussed through the prism of the concept of general prevention (Die generalpräventive Lehre). After a consistent review of legislation, the following conclusion should be made: • The main idea of the general prevention – the threat of punishment – is diminished. • Current Georgian legislation is less than focused on general prevention of disciplinary misconduct of judges; • Current regulations make it even more difficult to prevent misconducts; • A deep comprehension of the matter through the prism of the concept of general prevention is needed in order to create new, more acceptable regulations. The discussion offered in this paper has once again stressed an ever-existing problem: It is not necessary at all that a concept developed within a certain field of law is used in a restricted way − only within the frame of that same field of law. It should be applied in process of comprehension of a problem that occurred within an adjacent field of law if it is applicable considering its subject, problematics, or/and methodological base.

This study addresses the mechanism of the commitment to disclosure. Both professionals and physicians bear the crucial responsibility of providing information that is not only accurate but also understandable and appropriate for the intended patient or consumer. By mirroring its international counterparts, Algerian law mandates this duty, attaching legal consequences for its breach. Before any medical intervention, a doctor must obtain the patient’s consent, fulfilling an essential preliminary step. Likewise, before initiating a sales process, a professional must inform the consumer about all necessary details regarding the product or goods. This paper delineates the extensive aspects of this obligation, including its defining features, evidentiary requirements, and the nature of the resultant damages from non-adherence. The aim is to recalibrate the balance of power within medical and consumer interactions, thereby augmenting the safeguarding of patients and consumers. This duty is considered one of the fundamental rights of patients and consumers, linked to ethical and humanitarian responsibilities, and is a precursor to obtaining consent.

The paper addresses the basic rights and freedoms guaranteed by the Constitution of Georgia, in particular, issues related to personal data. The development of information technology has had a significant impact on the dangers of illegal processing of personal data. The European Court of Human Rights considers the inviolability of private life as a precondition for human autonomy, independent development and protection of human dignity. According to the norms of international law, the right to respect for private life is recognized as one of the most important and fundamental rights, the protection of which is indicated by the legislation of Georgia. The aim of the paper is to analyze the legislation and practice of police law in the field of protection of the right to privacy and to offer relevant recommendations, taking into account the standards set by European and national courts. Human rights legislation must ensure the protection of all human beings against the abuse of state power. Interference with rights must be based on the principle of proportionality. The use of policing should not pose an excessive threat of fundamental human rights violations. Interference with a particular right must be done under principle of proportionality to achieve a certain public good. In clarifying the issue of alleged violation of the right, special attention should be paid to the severity and probability of the expected threat to legal good. The Constitution of Georgia, EU and Council of Europe data protection standards, national legislation, as well as the case law of the European Court of Human Rights and the National Constitutional Court are analyzed around the topic. In addition, the reports of the State Inspector, the Public Defender and the relevant scientific literature are used to study the above issues.

This paper presents a micro-study of the scheme of legal aid services and the impact of its digitization on the administration of criminal justice in India based on the case study of the District Legal Services Authority (DLSA) of Surguja at Ambikapur in Chhattisgarh State (India). This DLSA has been found to suffer from proper empanelment, allotment and monitoring of criminal defense counsels to the detainees. The empanelled defense counsels have been reluctant to pursue the case of detainees at the bail and trial stages. Resultantly, fair criminal trial according to the due process of law has been compromised, the fundamental guarantee to free defense counsel has been threatened and public trust in the criminal justice system has been deteriorated. Heeding the reports and judicial directions, the Union Ministry of Law and Justice has introduced the digitization of legal aid services of all authorities and committees established under the NALSA Act, 1987. The website portals and mobile applications have been brought upon to facilitate the beneficiaries to apply for free legal aid and know about actions taken therein. Nonetheless, these endeavours have been found inadequate in the mission of administration of criminal justice particularly for the detainees.

The conflict in Ukraine is not only taking a heavy toll on human lives but also significantly impacting the environment and wildlife. Many natural areas have suffered extensive damage, and numerous animal species face even greater threats. It is concerning that many ecosystems may never recover their former biodiversity. This environmental disaster, culminating in the destruction of the Kakhovka dam, prompts questions about whether such actions can be denounced as acts of ecocide. This article aims to provide an overview of the ecological and legal landscape regarding allegations of ecocidal acts committed during the Ukrainian War. To this end, the first section of the paper will outline a non-exhaustive list of potential ecocidal crimes that occurred during the conflict in Ukraine. Subsequently, we will examine the opportunities and limitations associated with applying the concept of ecocide as a crime during the war in Ukraine. Finally, we emphasize the necessity for reforming environmental law to incorporate the concept of ecocide as a crime.

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.

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.

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.

This article discusses the two justifications that are commonly used in intellectual property law: the semiotic democracy and the traditional personality theory of intellectual property. Semiotic democracy emphasizes the right to distribute and access information and the democratization of institutions, practices, speech, dress, mannerisms, etc., while the personality theory of intellectual property emphasizes the development of the personality and the protection of the creator's dignity and personhood. However, this paper highlights some objections to the personality theory, including the unclear moral claim of creators to their feelings, character traits, and experiences and that intellectual property creations may not embody more of a creator's personality than another object. De- spite these objections, the personality theory of intellectual property rights is important for the protection of the creators' reputation and their economic interests. Therefore, policymakers must strive to protect these rights to the greatest extent possible.

The ideas of how men and women interact with one another and the attitude toward cohabitation, in general, have changed significantly with the advent of the post-modern or industrial society. “Live-in relationships” are an expression of a couple’s decision to cohabitate as a couple without getting married. The modernisation of the community has brought an array of new ideas and values. With the affection growing towards each other and the decision to tie the knot after taking into consideration all the prospects of a healthy marriage, youngsters these days believe in living together before marriage to test compatibility, known as “live-in relationships.” However, with modernisation comes the traditional thinking of our culture and the mindset of people towards these practices. Acknowledging the legal implications of the “live-in relationship” along with the challenges youngsters are facing nowadays, this paper highlights the analysis of laws that govern this practice in India.

The Indian consumer protection law confines itself to Business to Consumer (B2C) transactions and leaves out Business to Business (B2B) transactions from its ambit. This issue has been a subject of litigation in consumer courts over the years. The Supreme Court of India has had to adjudicate the issue a number of times over last three and a half decades. A two Judge Bench of the Supreme Court of India (SCI) in the recent case of Shrikant G. Mantri vs Punjab National Bank again observed that ‘business to business’(B2B) disputes cannot be construed as consumer disputes and claims arising out of the same cannot be entertained under the Consumer Protection Act (CPA). The judgment brings back to focus one of the most contentious is- sues in the consumer protection arena – the ‘commercial purpose’ interpretation. This research paper seeks to explore the rationale for the rigid classification between Business to Business (B2B) and Business to Consumer (B2C) transactions and argues the justification of the said classification under the CPA. It shall trace the development of consumer jurisprudence on this issue through some of the land- mark Judgments of the National Commission (NC) and Supreme Court of India (SCI).

The parties come to a plea bargain, based on which the defendant receives a reduced punishment than would be appropriate in a formal trial. Based on its core, it is obvious that the given system largely favors the accused, but after a thorough investigation, we can see that several significant concerns need to be addressed right now. The purpose of the paper that is being provided is to examine the plea bargain, its growth over time, and its status in three distinct states. The writers of the article examine the realities in Germany, Georgia, and the United States of America, which will be a fascinating depiction of the present situation. The study of the facts provided will be highly fascinating and varied in this regard because the United States of America is a country of Anglo-American law, and Germany and Georgia are countries of continental European law. The article will examine not only the legislative history of the de- scribed issue in the given states but also genuine situations, using which the problematic elements of this institution in all three nations will be distinctly highlighted. As a conclusion, the authors' viewpoint on the current models in each of the three states will be stated.

All human beings are born free and equal in dignity and rights. The fight against discrimination is recognized by the Constitution of Georgia – “All persons are equal before the law”, any kind of discrimination is not allowed. This is emphasized in the principles and norms specified in international conventions and declarations. The obligation to study the discriminatory motive within the framework of the full, comprehensive and objective investigation stipulated by the procedural legis- lation rests with the law enforcement officers, and the court is obliged to administer justice, to make a summary decision based on the evidence. In addition, it must be substantiated. According to the legislation of Georgia, to convict a person is necessary to have a set of evidence that would convince an objective person of the person’s guilt. In the case of a crime motivated by hate, it is additionally necessary to have such indicators – evidence, which is necessary to confirm the existence of the motive. National law, which is in full compliance with international law, requires that the summary judgment passed by the court and the type and extent of the sentence applied must be justified. The court’s verdict should give any person the opportu- nity to get information on what evidence and why the court made this particular decision. In this paper are discussed the indicators of crimes committed with the motive of intolerance based on discrimination and the types of evidence to be obtained based on them, as well as the decisions of the national court and the standards of substantiation of these decisions are studied – on what evidence is the summary decision made and to what extent does the motive of hatred influence the type and size of the relative punishment.

The topic of the scientific work is relevant both in international and national legislation. The minimum age of criminal liability is the limit from which the state begins to implement its repressive measures against minors. Therefore, it is important to regulate the minimum age in such a way that it is in harmony with the bio-psycho-social condition of the minor and to achieve the goals of criminal law, in terms of analyzing the committed crime, and at the same time, the main goal of punishment in juvenile justice, such as resocialization-rehabilitation, is achievable. The article analyzes from which age the actions committed in the person of a person are analyzed, which should be directly related to the establishment of the minimum age limit. In addition, international approaches are compared with national legislation. It is worth noting that in the reality of Georgia, such an important institution as referral has been implemented, which does not leave minors under the minimum age, who have committed deviant actions, unresponsive. In the paper, the issues determining the criminal liability of a minor are discussed logically, after which the national legislation and international approaches are discussed. It is shown how important it is to correctly perceive/analyze the mentioned issue for the development of juvenile justice, and as a conclusion, the conformity of national approaches with internationally recognized best practice is shown, especially with the existence of such an important institution as – referral, thus, on the one hand, the state does not leave devi- ant cases without a response. The behavior, on the other hand, is prevented in the future by resocialization-rehabilitation of the minor.

Demand deposits (current accounts) are crucial to banks activity, particularly with regards to granting loans. For commercial banks, the primary source of funds is bank deposits. This article attempts to analyze and discuss the legal nature of the demand deposit contract, with a particular focus on the widely agreed upon characterization of this contract as a loan contract in all today’s legal systems (Common law, Civil law, Islamic law and hybrid legal systems). After discussing the arguments and building blocks of the loan theory and examining the essence of both contracts through the lenses of economics, law and Islamic jurisprudence, this paper concludes that the demand deposit contract cannot be considered a loan contract, with supporting arguments from economic, legal and Islamic jurisprudential perspectives.

The purpose of writing this research is to find an analysis of the Data Protection bill with reference to the parameters of data protection and the right to privacy attached to it. The bill contains lot many aspects of creating privacy standards and the legislation related to data protection is much needed for an hour. Aim: The aim of the study specifically covers the aspects of digital data and its protection related to it. The study covers aspects related to bill wherein the individual data protection considers to be an important part that creates trust between the person and entity/organization handling data. Methodology: This study is based on a doctrinal approach and analyzes the recent bill and existing laws for the data protection bill. The study specifically represents the recent bill of data protection and existing laws related to data protection and how the statistics show that there is an increase in digital transactions required to share data. Outcome: The outcome of this paper suggests that the data protection bill incorporates various in the form policies and mechanisms to drive out the personal and individual protection of data. The graphical representation in this study shows that there is a rapid change in technology wherein digitalization is required to keep the legislation related to data protection. Across the world, there are many countries that have a comprehensive regulatory framework wherein the expert committee was set under the Chairmanship of Justice B N Srikrishna to examine to requirements and issues of data protection and its probable solutions.

The approach used to investigate cybercrime in developed nations is examined in this article, along with the innovations that might be implemented in Georgia to ensure successful investigations. Detailing the procedures outlined under the Budapest Convention on Computer Crimes, attention is given to the procedural issues that crop up while gathering and presenting electronic evidence in criminal investigations. The conventions individual articles are examined, including those that deal with information requests, and a comparison between the conventions legal provisions and the standards incorporated into Georgian law is made. The article examines the practice of collaboration between developed country law enforcement bodies and Internet service providers. The absence of computer data classification in Georgian law is highlighted, which results in the existence of a single, all-encompassing rule for all forms of electronic information. The paper also covers court rulings on the admissibility of electronic evidence and offers advice on whether it would be wise to clarify or improve the criminal procedure laws. The article explains the need for varied time limits and tactics for getting and maintaining information from internet service providers based on the classification of cybercrimes into distinct crime categories, such as serious, particularly serious, and crimes against national security.

The jury is critical to the establishment of democratic government across the world. Community engagement in the legal system is one of the most successful and intriguing strategies that has been in use for many years in many nations throughout the world. Despite the favorable aspects, there are a few little details that might be problematic. The paper's focus is on the jury systems in Georgia and Ireland. Ireland and Georgia belong to distinct legal families; in specifically, Georgia is a civil law country with a codified legal system, whilst Ireland is a common law country with a case-law-based legal system; this makes for an intriguing comparative legal analysis. The study examines the historical origins of the jury trial across the world; the historical backdrop of the establishment of a jury trial in Georgia and Ireland; and the historical background of the establishment of a jury trial in Georgia and Ireland. The focus was on the defining elements of the two-state approach, after which ecommendations were produced to strengthen both states' regulation; also, the attention was on the deficiencies of the institute of jurors, which is still an issue today. The author's position was developed to resolve issues and enhance the system. Systematic, analytical, comparative legal, historical, and logical methodologies were used to conduct the research. The purpose of this study is to analyze theoretical and practical materials to emphasize the importance of the jury in both Ireland and Georgia.

The Constitution of Georgia guarantees the principle of equality of all human beings and the prohibition of discrimination on any grounds. It is this principle that is the highest guarantee to the use of all effective mechanisms to combat crimes of intolerance committed on the groundsdiscrimination. Furthermore,, the criminal procedure legislation enshrines an obligation of a comperhensive investigation of a crime committed on the grounds of discrimination. Georgia has an obligation to produce statistics on crimes of intolerance committed on the grounds of discriminationunder international treaties and acts. The production of this category of statistics will, on the one hand, help the state to plan a correct, unified policy to effectively combat crimes of intolerance committed on the grounds of discrimination, and on the other hand will enable stakeholders to obtain information on the prevalence of this category of crime. About: what is a main category of a crime committed with a motive of hatred; What is the court's approach to this category of crime; What kind of sentences is used in the main case by the court and other relevant issues. Until 2020, Georgia did not have a unified mechanism for producing statistics on crimes committed on the grounds of intolerance of discrimination. This information was collected in a fragmented and minimal manner (recording the number of cases initiated in the investigation, the number of persons prosecuted and the number of judgments rendered by the court). These data did not provide a complete picture for a wide range of assessments of this category of crime, which led to the need to develop a unified statistics memorandum. The paper is an attempt to study this issue in more detail and to analyze the first published unified statistical data.

Transnational organized crime and the fight against it is a significant challenge for our country. Palermo Convention The same United Nations Convention against Transnational Organized Crime was adopted by the UN General Assembly on 15 November 2000 with the aim of promoting cooperation in the fight against transnational organized crime. The article examines in depth Article 5 of the Palermo Convention, which calls on member states to directly criminalize participation in organized crime groups. In accordance with this requirement, a number of important changes have been made in the Georgian legislative space. These include the Criminal Code of Georgia, the Law of Georgia on Organized Crime and Racketeering, as well as the Criminal Procedure Code, the Civil Procedure Code of Georgia, and other legal acts. The article discusses and evaluates the results of the work of each of the above legal documents, both on a theoretical and practical level. The National Strategy for Combating Organized Crime of Georgia has been evaluated and discussed. The judicial practice has also been studied, which ultimately allows for important conclusions to be drawn. At the end of the paper, we will talk about the challenges of Georgia in terms of combating organized crime, and the main directions, problems, and shortcomings in the fight against organized crime.

The paper discusses such an important institution of Georgian civil procedural law as procedural complicity. In particular, the legal grounds for co-participation in civil proceedings, such as: 1) the subject matter of the claim, 2) the common right and 3) the basis of the claim. We considered it necessary to discuss the above preconditions in order to avoid mistakes in resolving the issue of involving the parties (plaintiffs) and the parties (parties) participating in the proceedings. Making this mistake, in turn, can lead not only to a timely decision on the case, but also, most importantly, the ability to make an objective decision. As a result of the analysis and comparative study of the case law of Georgia, as well as the legislation of foreign countries, including continental and common law states, the issue of the need to make changes in the Georgian Civil Procedure Law regarding the institution of complicity was identified.

Business law includes contractual, labor, corporate, tax and other relations. However, the purpose of the study is to highlight and analyze only few interesting issues since it is physically impossible to cover all its aspects within the framework of one article. First of all, it is necessary to determine the legal basis for doing business in Germany and then – the features of starting and doing business. Therefore, this paper serves as a concise methodological guide to the regulation of the business environment in Germany. In this sense, the study examines the legal forms of doing business recognized in Germany, the legal possibilities for establishing various contractual or labor relations with contractors, as well as the grounds for corporate or private liability in case of violation of the rules. Model of corporate governance, external liability and internal corporate governance issues are of particular interest in Germany. The study confirms that the basis for regulation of various aspects of doing business in Germany is specific. The principle of direct corporate liability to creditors is common in Germany but the principle of piercing the corporate veil is allowed if the relevant prerequisites are present. However, business contracts in Germany are based on a narrow approach of contract terms regulation compared to the United States. Hearing of cases by specialized judges in Germany ensures a better and fairer judicial system in labor disputes.

The COVID-19 pandemic has created the largest disruption of education systems affecting nearly 1.6 billion learners in more than 190 countries.1 Closures of schools and other learning spaces have impacted 94 percent of the world’s student population, up to 99 percent in low and lower-middle-income countries.2 Despite pandemic education systems have been transformed by using information and communication technologies. Digital platforms and applications have become key instruments for supporting the continuation of the teaching-learning processes during the lockdown period. In different countries, universities have created online classes and courses for students. They have provided access to online libraries and developed training programs for the enhancement of digital skills. Regardless of these actions, new digital reality demands new visions and initiatives for overcoming challenges in this process. In this regard, on the one hand, the article aims to explore ways of digital transformation of education systems, especially in law schools. On the other hand, it examines factors that impede the successful usage of digital tools. Overall, the paper will promote to clarify key trends for modern legal education policy.

This paper examines various laws governing telecommunication installations in Nigeria with a view to addressing the perceived shortcomings in the laws. While the National Environmental Standards Regulatory and Enforcement Agency Act (NESREA Act) and the National Communications Commission (NCC Act) have been enacted to solve the problems associated with the effects of telecommunication mast installation in public places, the outcome of these laws seem inadequate for failure to provide effective means of enforcing same. The study considered the provisions of NESREA Act which is the principal Law enacted for ensuring that environ- mental standards are maintained and protected in Nigeria and the provisions of NCC Act which is the law that establishes the principal body which regulates telecommunication installations in Nigeria as well as other legislations. While NESREA in its Regulation provided for a setback of 10 metres, the NCC Act provided for a setback of 5 metres, which often conflicts and put victims at disadvantage and also conflict between the two regulatory bodies. It was observed that serious environmental hazards are linked to installation of tele- communication masts within/close to residential premises. Among these are leukemia, cancer, cracks on the buildings, pollution, such as water, land and air. The problems also include telecommunication masts falling on buildings and sometimes death due to sub- standard materials used in the installation as against the stated standard by the controlling regulatory bodies.

This article examines the autonomous field of Law and Economics, indicates the importance of integrating the economical methodology in the process of comprehensively understanding the normative order and laments over the undesirable shortage of interdisciplinary education and academic dialogue regarding Law and Economics in Georgia. Moreover, this paper deliberates on the relevance of the Coase theorem for lawyers and policy-makers, displays the specific recommendations of its application in jurisprudence, including elucidating property rights, maximizing economic productivity and minimizing transaction costs. The following article discusses attempts and shortcomings to harmonize a decentralized market solution in environmental law and demonstrates regarding the example of the EU emission trading system that the method of Law and Economics can be used not only for a thorough analysis of the existing model but also as a pragmatic instrument for defining a normative program.

As per 7th Schedule of Constitution of India, 1950 there is sub-division of three lists namely Union list, State list and Concurrent list, which gives a detailed insight of powers of law making with both Centre and State in our country. Due to this both Centre and State have their exclusive domain wherein they can exercise their law-making power. During this exercise of power, which has been so specifically demarcated, can there be dispute of any kind? Answer is yes, Centre has often encroached upon exclusive domain of State subject matters by passing laws on such subject(s). The prominent example of it is the exercise of power under the Disaster Management Act, 2005 which came to be invoked by Centre for issuing guidelines binding on States in light of prevention of global pandemic being COVID-19. Public health and sanitation are a specific field of legislation under Entry 6 of List II, implying that States have exclusive power to legislate upon matters wherein public health is an issue, however despite of that Central Government laid down an array of guidelines during the COVID-19 pandemic directing States to enforce those guidelines. In this article, the main focus will be regarding constitutionality of those guidelines issued by Centre and the interpretation laid down by the Judiciary in regards to similar incidents. Furthermore, the history of enactment of Disaster Management Act, 2005 and how the powers exercised under the guise of it, will be analyzed in order to arrive at a reasonable conclusion in relation to the present issue. Moreover, upon this premise of issuance of guidelines by Centre under the DMA Act, 2005, the Indian Federalism would be discussed upon the touchstone of judgements delivered by Hon’ble Supreme Court in said regard and by briefly comparing same with other federal jurisdictions such as United States. The entire Paper will be a blend of descriptive, historical, comparative and analytical approach.

Climate Change is one of the major challenges humanity is facing. It can fundamentally impact our reality, lifestyle and could question our existence as well. Adequate legal regulations are needed to address these challenges. Without legislative changes and their implementation, it will be impossible to solve the issues that humanity is facing. The paper describes major causes that lead to climate change and answers to the questions related to the ongoing and future legal regulations

In Georgia, the existence and strengthening of two important legal institutions - court settlement and court mediation may provide opportunities, in order to ensure the common goal – the satisfaction of the interests of individuals, in the civil proceedings, much faster, and with less expanses, than it can be achieved in civil process. Consequently, in the court system, highlighting their importance, may excel the unified chain of justice and ensure trust towards the judiciary. In the paper, it is considered relevant, to describe the fact of settlement in the court with the term "court settlement" and not like "settlement", as the term “settlement” can also be considered to describe an agreement, reached by the parties, before the litigation process. At the same time, in order to ensure the institutionalization of mediation in Georgia, it is necessary to continue attempts, not only in the direction of improving the legislation, but also to introduce and implement new mediation programs. The implementation of the presented recommendations, as a result, may facilitate the introduction of legal institutions and the improvement of the unified chain of justice.

In most of the legal systems of the world, especially in Europe, speaking about the Principles of criminal law begins with the famous Latin expression: Nullum crimen sine lege. This Principle is often referred to as the Principle of Legality. This principle requires that a person is held criminally liable under the governing law at the time of the commission of the offence. One of the main requirements of this Principle is the prohibition of retroactive force in criminal law. Retroactive Force is a feature of law norms to apply to a case that had occurred before its enactment. The Principle of prohibition of Retroactive Force is a Principle of constitutional rank, which is not only a national but also a recognized international value. Paragraph "9" of Article 31 of the Constitution of Georgia stipulates that the law has no Retroactive Force if it does not mitigate or abolish liability. At the first glance, Article 3 of the Criminal Code of Georgia states in accordance with this: a criminal law norm that decriminalizes an act or reduces penalty, has retroactive force. A criminal law norm that criminalizes an act or increases punishment, has no retroactive force. As much as the requirement of the Constitution is quite broad and general in its nature, the wording of Article 3 of the Criminal Code of Georgia seems to narrow down the requirement of the Constitution. The paper discusses the compatibility of Article 3 of the Criminal Code with Article 31 of the Constitution of Georgia. The practice of the Constitutional Court is discussed and the author's recommendations are presented.

The article is an attempt based on a generalization of the experience of the European Union (EU), to identify the essential characteristic of supranationality in the context of the interaction of international law with domestic law, to assess the legal nature of the EU, and to offer the reader an authorial definition of “supranationality”. The general conclusion of the paper is that superanationality should be understood as an effective form of interstate cooperation and activity within the international organization, based on the unity of interests, in which the authority serving these interests receives some degree of autonomy from the participating countries by transferring (conceding) part of their internal powers to it. As a result, its decisions, without prior transformation into domestic law, have a general normative character and direct effect not only on member states but also on their natural and legal persons, which is ensured by effective enforcement mechanisms. At the same time, the supranational level, which has a considerable number of independent regulatory powers, is hierarchically higher than the inter-state level, therefore, its law also has primacy over the national law. Besides, within the framework of the article, particular attention is paid to the description of the main approaches that characterize the legal essence of the European Union. The author expresses an opinion on the appropriateness of understanding the EU as an international organization of a special kind (sui generis), which combines elements of classical international organizations with supranational features in its functioning.

This article aims to go beyond the romanticized paradigm emanating from human rights and international law in general. Considering that the intention of the present author is wide and over encompassing in its scope, this paper intends to dwell only on certain specific issues. First, it examines whether powerful states still do what they like even though they are constrained by the rules of International Law. Then it moves to examine the most pressing issues of migration law, which again demonstrates that the system is far from satisfactory. Lastly, it interrogates the concept of universalism proclaimed in International Human Rights Enterprise. Acknowledging that the idea of universalism is a noble, perhaps, despite its sophisticated stratification and promotion on the part of international global community it became the powerful political vernacular to clothe unveiled political intentions in the universalism attached veil. It is shown how universalism transcended its metaphysical faculty and turned into the paradigm of imperialism for those who can actually avail. In the end of the day, the aim of the author is not to completely exhaust these issues, but to trigger certain skeptical thoughts, that something ultimately went wrong.