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INVESTIGATING POLITICAL SECURITY AS A SUBSET OF HUMAN SECURITY WITH A FOCUS ON URBANIZATION IN HUMAN RIGHTS 将政治安全作为人类安全的一个子集进行调查,重点关注人权方面的城市化
Pub Date : 2023-09-30 DOI: 10.36475/9.3.4
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.
《政治安全审查》以人权为重点,全面概述了保护和促进人权如何对维持政治稳定和确保社会安全至关重要。这一子类别承认侵犯和践踏人权可能导致严重的不稳定、社会动荡和冲突。通过关注人类安全的这一方面,决策者和学者强调需要采取综合办法来保护个人的基本自由,确保他们参与决策,追究侵犯人权者的责任,并解决系统性不平等问题。通过这种方式,它们寻求创造一种环境,使所有人都能行使其权利,而不必担心受到报复或歧视。蓬勃发展的民主和可持续的和平不仅需要强有力的政治机构,还需要致力于维护人权,以此作为实现持久安全的基础。
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引用次数: 0
EVOLUTION OF PARLIAMENTARY IMMUNITY AND PRIVILEGES 议会豁免和特权的演变
Pub Date : 2023-09-30 DOI: 10.36475/9.3.5
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.
议会豁免和特权的演变是一个引人入胜的主题,反映了民主治理的发展和转变。本文概述了议会豁免和特权的历史进展和关键方面,强调了它们在保护立法独立和促进民主辩论方面的重要意义。议会豁免权为议会议员提供法律保护,使其不致因履行议会职责期间的言论或行为而被问责或起诉。“议会特权”是另一个包含“人民主权”概念的概念,强调立法者是人民意志的代表。在许多民主国家,为防止滥用和维持公众信任,对豁免的范围进行了细化。此外,法院在解释和界定议会特权的限制方面发挥了至关重要的作用,在激烈辩论的需要和问责制之间取得了平衡。
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引用次数: 0
DETERMINATION OF INDIVIDUALS’ FREEDOM RANGE RELYING ON THE COMPARATIVE STUDY OF HARM PRINCIPLE IN WESTERN AND ISLAMIC LEGAL SYSTEMS 个人自由范围的确定——基于西方与伊斯兰法系伤害原则的比较研究
Pub Date : 2023-09-30 DOI: 10.36475/9.3.2
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.
人类社会最受尊重的原则之一是个人在实现其期望的利益方面的意志自由。因此,无论是个人还是政府当局都不能以任何借口阻止个人的自由为社会和经济利益服务。然而,在某些情况下,个人获得最大利益的自由会相互冲突,以至于某些人获得更多利益的绝对自由在某些情况下会伤害其他人。因此,确定个人自由的限度和漏洞,并在个人自由与这种自由可能对他人造成的伤害之间建立平衡是非常重要的。由于这种决心可以对一个国家的全面发展和生活在其中的人民产生广泛的影响,由于这种必要性,历史上许多思想流派都对这个问题进行了评论,包括伊斯兰教和西方思想流派。这两个学派的哲学思想,一个包含在伊斯兰教的“不伤害”规则中,另一个包含在西方的“伤害”规则中,导致本文探讨这两个规则在它们之间的共同互动中的共同点和不同点。本文最后得出的结论是,从法学的角度来看,个人实现其利益的自由对于确保任何社会及其人民的社会福利最大化具有特殊的重要性。因此,政府不仅不应该阻碍人们的活动,而且在其管理中,应首先寻求将个人的相互冲突的利益结合起来,如果不可能,在第二步中,应优先为社会中大多数人实现最具公共功能的利益。
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引用次数: 0
ORGANIZATION, LAW AND INDIVIDUELS: THE PROBLEMATIC OF REGULATIONS AND LEGISLATION IN THE FACE OF CULTURE 组织、法律与个人:面对文化的法规与立法问题
Pub Date : 2023-09-30 DOI: 10.36475/9.3.3
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.
本研究论文的目的是对组织内法律、个人和文化之间的互动和话语进行研究和分析。它旨在探讨由于这种相互作用而产生的社会问题,突出它们对社会的影响。本文探讨了立法和组织因素如何挑战社会规范、价值观和社区的社会结构。我们的方法是基于在我们的专业和研究经历中积累的文献和经验观察。我们收集的数据是定性和探索性的,使我们能够灵活地展示、分析和制定初步结论和观察结果。
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引用次数: 0
HOUSE ARREST AS AN ALTERNATIVE TO PRISON SENTENCE IN MODERN GEORGIAN LAW (Evolution and Transformation) 现代格鲁吉亚法律中的软禁替代监禁(演变与转变)
Pub Date : 2023-09-30 DOI: 10.36475/9.3.9
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.
本文在对一些科学著作的实践和研究进行深入分析的基础上,对格鲁吉亚现代法律中的一种非监禁性刑罚软禁进行了探讨,探讨了法律规定的这种权利的法律问题。这一专题的重要性是由以下因素决定的:国内立法的不利状况、法院在“修订”特别监狱服务地方委员会所作决定方面的不一致做法、统计数据的不可计算性以及上述专题在立法和执法过程中具有重大的实际重要性。由于缺乏关于这一概念的现代格鲁吉亚法律文献。本文的目的是澄清软禁的法律性质和范围,不仅以格鲁吉亚为例,而且以国外一些国家为例,这将使以软禁代替剩余刑期的法律问题的科学研究过程更加有趣和多样化。此外,本文还旨在分析在应用实践中出现的错误,并提出科学的建议,以消除软禁规则的空白。通过理论/实证研究的结果,可以对我国以前不熟悉的非监禁刑罚的引入/确立进行法律分析;上述立法创新在多大程度上是合理的,可以做些什么来进一步改进/完善,其最终目的是禁止决策机构和法院在使用上述法律机制方面使用非同质做法。本文用历史的、形式逻辑的、教条的、形式法律的、比较法律的、描述的和系统的方法来研究这个问题,并在文章的单独一章中提出。此外,法律统计数据被用于研究和概括地方议会以及法院的实践,最后一部分专门用于研究和科学处理所提出问题而获得的结论性法令。
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引用次数: 0
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) 格鲁吉亚执行系统的组织结构(从执行和保护参与执行程序的人的基本权利的混合系统来看)
Pub Date : 2023-09-30 DOI: 10.36475/9.3.10
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.
及时有效地执行法院判决是任何法制国家最重要的过程,因为法律的力量在于它的执行。执行程序的有效性可能对该国社会经济状况的发展产生重大影响,并对公众对法院的信任程度产生积极影响。执法程序的有效性在很大程度上取决于一个运作良好的执法系统;因此,它必须具有最大的独立性和灵活性,同时集中于保护基本人权和自由。它的组织安排和执行的杠杆、参与执行程序的人的权利和义务以及法警作为一个执行实体在执行程序过程中的权力范围都是重要的,与此同时,格鲁吉亚执法法律中私人法警机构的存在是极为重要的。在上述基础上,本文审查了格鲁吉亚执法制度的发展、国家执法局的结构及其权力以及私人法警工作的特点。本文还回顾了执行程序参与人之间保护平衡和相称原则的重要性,并提出了作者对每个问题的看法,以消除实践中的差距。
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引用次数: 0
THE EFFECT OF THE PRINCIPLE OF INTEGRITY IN THE INSURANCE CONTRACT 诚信原则在保险合同中的作用
Pub Date : 2023-09-30 DOI: 10.36475/9.3.8
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.
研究课题的目的是深入研究保险关系中诚信及其保障的相关问题,并找出不遵守这一原则所产生的法律和实际问题。因此,该主题的目标是分析提到的问题问题,突出它们,随后提出潜在的解决方案和建议,以造福读者诚信是民事流转的原则,其稳固性和稳定性取决于民事流转主体的诚信。“诚信不仅是一种权利,而且是一种履行义务的假设,因为诚信意味着民事交易的参与者带着对价和责任的行为,尊重对方的权利”;2因此,既然保险合同是一种民事合同,保护诚信的义务自然也是必不可少的;3尽管如此,我认为在保险的情况下,保护诚信具有更广泛的意义和含义。这是因为保险合同的根本原则和核心是建立在当事人之间的最高信任之上的。因此,如果缔约各方未能坚持诚信原则,就可能使人对保险的存在产生怀疑。
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引用次数: 0
PROBLEMATICS OF QUESTIONING A PERSON IN THE CURRENT CRIMINAL PROCEDURE LEGISLATION 现行刑事诉讼立法中关于讯问人的问题
Pub Date : 2023-09-30 DOI: 10.36475/9.3.7
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.
该条论述了根据《格鲁吉亚刑事诉讼法》在法庭上讯问证人的有关规定及其同之处和不同之处。作者提出了在实际适用与讯问人有关的法律规范时所出现的问题。这往往成为拖延调查的基础,并在一般情况下损害司法程序。本文探讨了解决所出现问题的途径。为了更好地呈现本文所讨论的问题,本文提供了假设的例子,以帮助读者清楚地了解在实践中应用所讨论的规范时可能存在的负面因素。它将帮助我们研究上述问题,将正在审议的问题与讯问站在旁边的证人的程序规则进行比较。此外,本文还对国外证人审讯程序的法律框架进行了分析,这将有助于我们发现问题并找到解决办法。
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引用次数: 0
FIELD OF APPLICATION OF ALGERIAN COMPETITION LAW TO INTERNATIONAL DISTRIBUTION CONTRACTS (Model Trade Concession Contract) 阿尔及利亚竞争法在国际分销合同中的应用领域(贸易特许合同示范)
Pub Date : 2023-09-30 DOI: 10.36475/9.3.1
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.
全球市场的惊人扩张及其走向全球化的趋势以及国际合同的传播导致出现了旨在实现经济发展的国际分销渠道,从而导致阿尔及利亚市场需要通过创造与这些考虑到自由竞争的合同相称的经济环境,与这些经济发展结合起来。特许经营合同是国际分销合同之一,通过扩大主要品牌在世界范围内的传播,对发展中国家的发展做出了重大贡献,但这些合同受制于一些竞争性的法律条件,以避免市场竞争。通过本研究,我们将了解商业特许合同的概念和类型以及阿尔及利亚竞争法条款对其的适用范围。
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引用次数: 0
CONSUMER RIGHTS CONCEPT AND HISTORICAL REVIEW 消费者权益概念及历史回顾
Pub Date : 2023-09-30 DOI: 10.36475/9.3.11
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.
本文旨在从消费者权利起源的历史必然性出发,通过对格鲁吉亚、欧盟和欧盟成员国现行法律法规的回顾,确立消费者权利的概念和保护的必要性。在此基础上,本文对欧盟和前苏联境内消费者权利的起源、发展等问题进行了探讨。在文章中,有一个单独的审查目前的做法,消费者和贸易商的概念在欧盟,欧盟成员国和格鲁吉亚的立法。
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引用次数: 0
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samart`ali da msop`lio
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