Journal of Social Sciences

13-22

Authors: Khatuna BURKADZE

Abstract The paper aims at analyzing the international legal aspects of the use of force; adducing the role and functions of the UN Security Counciland the General Assembly in preserving international peace; illustrating impediments resulted from the application of right to veto by theUN Security Council permanent members in the course of decision making process in the Security Council; demonstrating the differencebetween threat to peace and armed attack, whether the use of force is justified in cases of threats to peace; what are the criteria for the rightof defense; defining the criteria of necessity and proportionality of the use of force; whether armed attack from a non-state actor couldserve as grounds for exercising a right of self-defense; determining the act of aggression within the scope of international law; based onthe legal aspects of the use of force and criteria for it, author explores the Russian aggression against Georgia. Keywords collective security, defense, use of force, UN

29-34

Authors: Baia IVANEISHVILI

Abstract Latterly, various experts and political analysts have been hotly debating in the world press whether the West should strike Iran in order tostop its nuclear program. The first part of the article deals with argumentation whether to strike Iran in order to stop its nuclear programand simultaneously presents variant viewpoints on what specific threat nuclear-armed Iran poses. The second half of the article discussesa possible course of action the United States might take to curb Iran and consequential events. The article aims to arrive at a less destructivesolution to the problem.The article directs to the conclusion that Iran’s aggressive foreign policy bears defensive nature driven by the self-survival instinct of anisolated country. The nuclear program also serves this very purpose to provide more security guarantees for the regime, minimize therisk of external strike and increase its bargaining power during the negotiations. Currently, the regional spoiler role is the only one to beplayed by Iran, enabling this developing and unformed economy country to resemble a great power player. Thus, if the United States doeswish to neutralize nuclear-armed Iran and consequential threats, it should stop to isolate the latter from regional politics and let it becomeone of the building blocks of regional political security architecture, as this could assure Iran in the possibility of maintaining its securitywithout going nuclear. Keywords containment, engagement, Iran, nuclear program, strike, sanctions, US foreign policy

47-58

Authors: Aleksandre GIORGIDZE

Abstract The article emphasizes the problem of diminished responsibility in Georgian criminal law. The research pays attention to the historicalaspect of diminished responsibility and problem of free will in criminal behavior of a person with diminished responsibility.The article provides information about the list and characteristics of psychical anomalies and other circumstances that cause diminishedresponsibility. The research discusses the issue of relationship between the guilt and diminished responsibility. Accordingly, in author’sopinion, diminished responsibility includes all circumstances (except mental illness) that mitigate one’s guilt at the time of committingcrime, in spite of its causing grounds.At the same time, the article gives a new definition of diminished responsibility that differs from legislative definition. Keywords criminal liability, diminished responsibility, free will, mental illness, psychical anomalies.

67-70

Authors: Akaki Chargeishvili

Abstract The present article describes the gaps and imperfections existing in the current Tax legislation of Georgia which hinder the developmentof business and creates obstacles for the establishment and function of business representations. Development of the business depends onvarious factors, and one of them is legal environment. For this very reason, by providing the concrete example, according to the legislativenorms the collisions and norms are analyzed which discourage the creation and operation of the business representation that are relevantand essential for Georgia. The case study represented in the article is based upon the factual situation and provides us with the relevantpicture regarding the various problematic factors that a business can face. These factors are created due to the legislative mazes whichon the one hand, suggest at some point, very easy steps and approaches and on the other hand, are full of controversies. The legislativeregulations are essential for business representations and should not be ignored in order to avoid any violation of the law. Legal systemhas always been very strict in respect to any type of violation and according to the legal doctrine, if a person is ignorant of the relevantlaw it does not imply that he shall be free from the responsibility. Keywords business representations, law, legislation, legislative regulation, legal status, labor agreement, resident

85-88

Authors: Giorgi ASATIANI

Abstract The article reviews death penalty as a type of punishment that has been used in Georgia from the ancient times till the end of the 20th century. It contains a brief description of legislation in both feudal and soviet eras. The article also discusses the way Georgian state and law have been passed concerning the important issues such as rejection of death penalty as the capital punishment. Along with the Georgian example, the research deals with experience in utilizing and abolishing of death penalty in the countries of former socialist block.The article provides the research results concerning the societal attitude towards the death penalty conducted by different organizationsin different periods of time.The research emphasizes international legislation, particularly international conventions and agreements that regulated and still regulatepossibility of use of death penalty in the civilized world. Namely, it is applied to crimes and cases that were committed for which internationallegislation allowed death penalty as a possible measure of punishment. The article also talks about the modern worldviews, argumentsoften presented by the supporters and opponents of the abolition of death penalty, principles of humanism and state competenceon using the capital punishment.In conclusion, the article stresses author’s opinion about the problematic issues. Keywords abolition of death penalty, criminal law, capital punishment, criminal code

95-102

Authors: Svyatoslav Vaslievich Ogreba

Abstract The article analyzes the basic approaches to the definition of the shadow economy and deals with the statistical approach as the mostsuitable for exploration of the international experience of evaluation of the shadow economy. According to the methodical specificationsof the study of the shadow economy, three large groups of countries are defined and the main features of the international statistical assessmentof the shadow economy are investigated. In obedience to these features, the priority ways of modernization of internationalassessment of the shadow economy is proposed Keywords Eurostat, illegal economy, informal economic activity, international comparison, shadow economy, underground economy

9-25

Authors: Tamar AMASHUKELI

Abstract This study examines the role of the Russian media in affecting public opinion in Russia regarding the Russian intervention in 2008. The largest armed conflict in Europe since Kosovo in 1999, the August 2008 war was fought between Georgia and Russia over the proclaimed independence of the Georgian separate governments of Abkhazia and South Ossetia which were supported by Russia. Russia intervened militarily and recognized the independence of the two separatist regions, supported by an overwhelming majority of the Russian population. This study analyzes the role of the Russian media in affecting the Russian public opinion regarding its government’s policies in relation to Georgia. The method used for study is discourse analysis, and the theoretical framework underlying the research is Barry Buzan’s (et al., 1998) concept of securitization and Edward Herman’s and Noam Chomsky’s (1988) concept of manufacturing consent which was later elaborated by Anthony DiMaggio (2009). The trends identified in the mainstream Russian media coverage may at least partly account for the positive opinion of the Russian public towards the intervention. The study also revealed the contrasting trends characterizing the mainstream and alternative Russian media coverage, thus once again confirming the crucial role of the media in establishing the different opinions among the public, by “building” contrasting images of the world. Keywords: Abkhazia, armed conflict, Buzan, Chomsky, coverage, DiMaggio, discourse analysis, Herman, independence, manufacturing consent, recognition, securitization, separatist regions, South Ossetia War

27-33

Authors: Baia IVANEISHVILI

Abstract The article aims to explain the foreign policy doctrine of the Barack Obama administration, describe the core principles and assumptions it is based on and in this context, analyze the concrete steps it undertook in international relations. It is well-known that Barack Obama’s foreign policy is based on an important recognition. Namely, the world has become much more multipolar today than it was even ten years ago. This means that America can no longer be the only state that dictates its order to the world. Therefore, America should no longer be the only state responsible for providing the global “public goods” as well. However, world still needs the US’s leadership. Today, America is the only state that possesses the necessary power and influence to lead in dealing with the issues, such as the maintenance of the open and stable economic system, climate change and global warming, nuclear proliferation, the fight against international crime etc., and succeed in involving all relevant global players in the process as they are common for all. The US leadership, as well as the peaceful evolution of the international order depends on how America succeeds to engage the world’s leading states into the cooperation for resolution of these issues. The most important challenge for the United States in the 21st century, however, will be the reforming of the current world order that is a kind of a hierarchical liberal institutionalism, based on the American hegemony, experiencing a legitimacy crisis in today’s world. In this way America will, for the third time in its existence, continue to lead in the formation of an international order that will be an open, rule-based, evolutional form of the liberal institutionalism, where the newly emerging powers will manage to pursue their vital interests and this fact, together with American leadership will be the guarantor for the stability of the new international order. Keywords: Obama foreign policy doctrine, liberal institutionalism, evolution of liberal institutionalism, multipolar world, America in multipolar world, American hegemony

43-49

Authors: Ketevan CHAKHAVA

Abstract This article describes the political activities and political situation of Georgia after the collapse of Soviet Union; the article analyses the following issues: Why Georgia is willing to join European Union; why this prominent organization attracts the attention of most developed countries. The article researches the mutual interests of EU and Georgia. It emphasizes the importance of political reforms and goals that the new government of Georgia carried out after the “Rose Revolution” and how EU supported the new reforms in the country; The article displays European Union’s political position and support of Georgia during 2008 August war; it analyses the reasons of different reactions and political viewpoints by the countries of EU related to the War. The article, also, examines the main points and principles of “Maastricht Treaty”, “Lisbon Treaty” “Copenhagen Criteria”. Obviously, almost every European country is willing to become the part of Union. The special requirements are offered by EU to the candidate countries to be satisfied. Here are discussed main criteria of joining European Union, how Georgia satisfies these criteria and whether Georgia is near to the EU integration or the goal of joining EU is still quite far away. Keywords: Europeaness, Copenhagen criteria, acquis communautaire

51-55

Authors: Tamta TSKITISHVILI

Abstract Ethnic conflicts arte one of the main hampering factors of the state’s security and development. Despite the fact that in this global world a lot is done for eradication of conflicts, in many parts of the world they still are a big threats periling global security. Conflict discussed in the article below was the first ethnic conflict of the USSR, which continued after its collapse and still takes place between Armenia and Azerbaijan over the territory of Nagorny-Karabakh. Conflict hampers the security of the whole South Caucasus region and strongly hinders regions development. Nagorny-Karabakh conflict that is one of the bloodiest disputes in South Caucasus was the beginning of the ethnic tensions in the Soviet Empire and together with many other reasons eventually lead to its collapse. Keywords: Conflict, Nagorny Karabakh, South Caucasus

67-74

Authors: Zurab CHECHELASHVILI

Abstract In this paper we have examined the main legal issues regarding the acquiring and loss of the ownership on movable and immovable things according to the Georgian law. 1st part of the paper is dedicated to the procedures of acquiring and loss of the ownership on immovable things. In particular, according to the Article 183 of the Civil Code of Georgia, in order to acquire the ownership on the immovables the existence of two elements is required: 1) the written agreement between the parties and 2) registration of the acquirer as an owner in the Public Registry. For the abandonment of the ownership on the immovables a declaration of the owner on the abandonment of the ownership and registration thereof in the Public Registry are required. The 2nd part of the paper is dedicated to the procedures of acquiring and loss of the ownership on movable things. In particular, acquire of the ownership on movables is possible by several ways, which are the cases of acquisitions on the basis of a transaction, law and an act of the administrative body. Loss of the ownership on movables takes place on the basis of a transaction, by abandonment of ownership and destruction. Keywords: real agreement, declaration of intention, expectant right, causa, specificity principle, constitutum possessorium, traditio brevi manu, reservation of title, appropriation

79-83

Authors: Eka DEVIDZE

Abstract The article represented covers the information about the protected areas in Imereti region. In 1996, Georgian Parliament recognized the importance of the natural and cultural areas in Georgia by passing the law about the system of protected areas. The mentioned law created a legal basis for the establishment of protected areas - with the objective to protect outstanding natural areas and valuable cultural heritage. According to the law, the following categories were established and operated: strict nature reserve, national park, natural monument, managed nature reserve, protected landscape and multiple use area. Except the categories of the protected areas listed in the law, Imereti region possesses other rich tourism potential resources which are not investigated. It would be advisable to popularize those protected areas, to provide population with more information about truly unique nature, which will foster the development of tourism that will have positive impact on both country and region’s economic growth. Keywords: managed nature reserves, nature conservancy, protected areas, sustainable development of tourism