Issues of Protection of Personal Rights After the Death of the Victim in Civil Law

The protection of personal human rights is especially important after the death of the victim. First of all, it is necessary to determine what is meant by the personal rights of a person, what personal rights can be protected after the death of the victim, in order to determine what is meant by the protection of the personal rights of the deceased. Then it is necessary to find out what the characteristics of a person are, by whom, how and in what form these rights are protected, and what harm can be caused by the violation of personal rights. It is true that the violation of personal rights is not allowed by law, but, nevertheless, there are many facts around us when the personal rights of the deceased and the living are violated. It is also desirable to protect personal rights acquired at birth from being violated by others both during the life and after the death of the victim. It is true that a person with personal rights protects his life and can claim compensation for property and / or non-property damage, but after the death of the victim, the law prohibits relatives or friends of the deceased from claiming compensation. for moral damage in violation of these rights. However, if a person was rehabilitated after his / her death, but the unlawful condemnation of the victim or other illegal legal actions damaged both the name and reputation of the heir, it is recommended to give the victim’s heir the right to claim compensation for the damage directly caused to him.

Pandemic: Legal and Social Response

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.

Conflict of Interest Between Regulatory Agencies on Telecommunication Sector And Consequences of Improper Telecommunication Mast Installation in Nigeria

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.

The Legal Aspects of Artificial Intelligence based on the EU Experience

In the digital era, technological advances have brought innovative opportunities. Artificial intelligence is a real instrument to provide automatic routine tasks in different fields (healthcare, education, the justice system, foreign and security policies, etc.). AI is evolving very fast. More precisely, robots as re-programmable multi-purpose devices designed for the handling of materials and tools for the processing of parts or specialized devices utilizing varying programmed movements to complete a variety of tasks.1 Regardless of opportunities, artificial intelligence may pose some risks and challenges for us. Because of the nature of AI ethical and legal questions can be pondered especially in terms of protecting human rights. The power of artificial intelligence means using it more effectively in the process of analyzing big data than a human being. On the one hand, it causes loss of traditional jobs and, on the other hand, it promotes the creation of digital equivalents of workers with automatic routine task capabilities. “Artificial intelligence must serve people, and therefore artificial intelligence must always comply with people’s rights,” said Ursula von der Leyen, President of the European Commission.2 The EU has a clear vision of the development of the legal framework for AI. In the light of the above, the article aims to explore the legal aspects of artificial intelligence based on the European experience. Furthermore, it is essential in the context of Georgia’s European integration. Analyzing legal approaches of the EU will promote an approximation of the Georgian legislation to the EU standards in this field. Also, it will facilitate to define AI’s role in the effective digital transformation of public and private sectors in Georgia.

Compatibility of the EU and Georgian Personal Data Protection Regimes and Data Transfer

The work discusses Personal Data Protection system under the European Union law, also Personal Data Protection in Georgia and the compatibility of those two regimes. Moreover, there were men- tioned ways how Georgia can adopt regulations and harmonize its legislation, to be compatible with the European Union Personal Data Protection regime. The work emphasized efforts of Georgia on the path of developing its Personal Data Protection system. The many citizens of Georgia don’t even have a knowledge that their Personal Data has to be defended. Although, the court practice of Georgia revealed good developing signs in this field. If before there were not any cases concerning personal data protection, today we have some good decisions regarding the personal data protection. The data transfer between the European Union and Georgia, is also implemented in the Association Agreement between the European Union and Georgia. Here as well has to be mentioned that the Association Agreement was the greatest step for Georgia, it was the great opportunity to harmonize Georgian Personal Data system with a European. Step by step, Georgia is straining to become a member of the European Union. Thus, this work is a look through past and future of Georgian and EU relations in the field of Personal Data system.

The Legal Nature of Smart Contracts

The article discusses about the smart contract, its concept and legal nature, as well as the place of smart contracts in the Technology Law, which means a discussion on the important issues covered by this topic. At the same time, smart contracts are com- pared to the usual standard contract, where their pros and cons are discussed. The importance and necessity of both types of contracts in relation to the current reality will also be discussed. At the same time, the article discusses about the revolutions – from where they begin and how long the world has passed before today's reality, why blockchain is considered as the fourth-generation revolution and how important it is to develop and implement it. The article also discusses about the types of contracts, which means how a standard contract can be divided, in the other words, we talk about consensual and real contracts. The definitions of each of them and their need related to the smart contracts are analyzed in the article. Therefore, we use the relevant chapters and articles of civil law to be able to explain what is meant and to what extent it is possible to follow the same norms in the case of the smart contract.

The Case of Avoidance to Accept the Inheritance in the Existence of the Heir Creditor

The inheritance right is one of the basic human rights, which is protected and guaranteed by the Constitution. This fact implies that the state has certain obligations to recognize this right. The article deals with the case where the heir does not want to receive the inheritance because the testator has creditors who seek to meet the obligations left by the testator. This issue has become more frequent in recent years, as it is not yet regulated at the legislative level, so I will offer recommendations to the public. The study reveals the difficulties associated with this case of in- admissibility of the estate, when the main purpose of the heir is to avoid liability to the creditors of the testator, both by will and by law. The study discusses in each case, the inadmissibility of the entire estate, as well as the inadmissibility of part of it, as well as the case of liability to several creditors of the heir. I think the discussion of this issue will be really new for the Georgian legislation, because the Civil Code does not fully regulate this topic and it can be boldly said that the research issue will not lose its relevance in practice.

Criminological Aspects of the Causes of Crime

In modern criminology, the threefold division of the causes of crime is accepted: physical; Anthropological and social. However, it should be noted that in modern criminology there is an opinion that the reasons are divided into two parts. In particular, physical factors should be removed from this classification and the causes of crime should be divided into social and anthropological categories. For modern criminology, in relation to the causes of crime, it would be most appropriate to take into account the vast experience of the past and to conduct our further research in a three-part classification: studying anthropological, physical and social causes and influencing these causes, developing prevention measures. Experience has clearly shown that the science of criminology in the fight against crime, occupies a leading place among the social sciences, whose recommendations should be taken into account as much as possible in the social control of crime.

The Interpretation of Certain Norms of the General Administrative Code of Georgia and Law of Georgia on Police

This article is related to issues of interpretation of certain norms defined under General Administrative Code of Georgia and Law of Georgia on Police. In particular, Article 3 of the General Administrative Code of Georgia regulates the scope of this code. However, pro-vision of the Article 4 does not contain any reference to the administrative offenses committed by the police and other administrative bodies, what in specific cases may lead to ambiguity in regards the scope of this code – as subject required by the General Administrative Code of Georgia and Administrative Offenses Code of Georgia, in both cases is an authorized administrative body (officials). Responding to administrative offenses by police is an important part of the activities carried out by the state authority (police). There- fore, Law of Georgia on Police distinguishes preventive function of the police from function of responding to offense. Also, the Article 5 of the law defines legal grounds for police activities, however this article does not contain specific references to Administrative Offenses Code of Georgia what can be deemed as legislative shortcoming. Taking into consideration the above-mentioned, in order to clarify the law and to achieve objective goal of the legal norm, below listed terms shall be added to 1. General Administrative Code of Georgia Section 4, Article 3, and 2. Law of Georgia on Police, Article 5.

Criminal Liability of an Entrapped Person Through the Prism of Goals of Punishment

Present work was written as a part of doctoral research. It aims to generate reasonable arguments on whether it is just to prosecute and punish a person that was entrapped by an agent-provocateur. In other words − does criminal entrapment constitute a substantive defence for an entrapped person or not? In scientific literature the matter is traditionally discussed within the scope of criminal procedure (admissibility of evidence, fair trial etc.) while arguments from substantive criminal law are rarely addressed. Thus, it remains un- clear whether the goals of punishment are achievable at all if an entrapped person gets sentenced. Thus, it is necessary to compre- hend the subject through the prism of goals of punishment name- ly: restoration of justice, special prevention of crime and general prevention of crime especially since all three are well-recognised by science of criminal law and current legislation. After detailed and consistent analysis done within research, there are good rea- sons to conclude that prosecution and following sentencing of an entrapped person: • Hinders restoration of justice • Hinders special prevention of crime • Partially hinders general prevention • Eventually, all that constitutes an important argument to consider entrapment as a substantive defence for the entrapped person.