The present paper examines the case law of the European Court of Human Rights in relation to criticism of the Court, and the compliance of the Georgian legislation and the case law with international standards (U.S. and the case law of the European Court of Human Rights).
The article deals with the scope of the court’s criticism under the First Amendment to the U.S. Constitution and its impact on the Georgian legislation. The paper analyzes the United States model of freedom of expression and compares it with the standards of the European Court of Human Rights. The study found that, similar to the U.S. model, the Georgian model of freedom of expression is based on the primacy of a neutral restriction on freedom of expression, which indicates a high standard of protection of freedom of speech.
The Georgian constitutional standard for restricting freedom of expression in order to administer the process of justice smoothly, properly and effectively for a legitimate purpose is influenced by the “three-element” test developed in the Brandenburg case, and shares its essence. According to the Georgian model of freedom of expression, the restriction of freedom of expression for the legitimate aim of ensuring the independence and impartiality of the judiciary, should only be applied to the smooth and proper administration of justice, using the “Clear and Present Danger Test”, involving its high probability.
In terms of the court criticism, the Georgian model offers a substantive and content-neutral regulation, and prevents the restriction of the subject of expression. According to the standard of the Constitutional Court of Georgia, expressing an opinion on the activities of a judge is considered a constitutional right and enjoys a high value status. In order to protect the authority of the court, according to the standards of both the International and the Constitutional Court of Georgia, “pushing speech into falling victim to justice” and unjustifiably exercising interference is found inadmissible.
Keywords: Court, Criticism, Scope, Assessment.
The article “Peculiarities of opening the Rehabilitation Process in the context of Georgian and Japanese Law” discusses the beginning of the rehabilitation process by a legal-comparative method, Georgian legislative novelty, and vague norms that need to be refined in the Georgian reality. Effective insolvency legislation is a key tool for maintaining economic stability, the government also has an important role and responsibility to create a legal framework that will help maintain the viability of the enterprise in times of financial difficulties.
It is clear that during the elaboration of the new law of Georgia “On Rehabilitation and Collective Satisfaction of Creditors” (enacted on April 1, 2021), significant research was carried out by the group. “Legislative Guide to Insolvency Law” by the UN Commission on International Trade Law (UNCITRAL) was studied, as well as International Principles on “Effective Insolvency and Protection of Debtor and Creditor Rights” developed by the World Bank.
The new law clearly outlined the role of rehabilitation as a target and named the debtor’s rehabilitation as the country’s priority. Moreover, its purpose is to encourage timely appeal to the court. The enactment of the law has eliminated the shortcomings that, in many cases, significantly delay the process. It should be noted that a lot of attention was paid to Japanese law during the drafting of the bill, as according to the World Bank, it is in the top three countries in Insolvency Law.
Based on the court rulings, the article presents the obstacles to the rehabilitation process in theoretical and practical terms, discusses the vague norms of the new legislation of Georgia, and offers modern visions of regulation.
Keywords: „Civil RP“, “SLP”, “BP”, “RL”, regulated agreement, conversion, and more.
For the economic sector, new technology and communication have become real challenges. Personal data has become an important key to penetrate new markets and several firms are specialized in their collections and sales. Using customer profiles, marketing departments make it easier for them to predict customer behavior and beat competitors. The free movement of goods, payments and data are increasingly common among countries and the protection of personal data is increasingly called into question.
Notably, the postmandemic period has significantly increased the distance relationships and data exchange rates. This situation has also contributed to social media addiction. It should be noted that in such a period it is important to increase the level of awareness of Internet users and to be especially careful when issuing data.
An important step has been the introduction of a new regulation (GDPR) in the personal data protection system since 2018, which has revised and refined the existing rules and regulations. Especially noteworthy are the Right to be forgetten and the right to data portability.
Keywords: Data protection; Social networks; GDRP; General Data Protection Regulation; Digital culture; E commerce; Right to be forgotten.
Drone operation for civil purposes is a path-breaking innovation for all sectors of society. Drones, which were initially used for military purposes only, are currently widely applied for different civil purposes, such as recreational and commercial use, disaster relief, agriculture, construction management and other purposes. The drone industry is expected to employ more than 100,000 people and have an economic impact for more than €10 billion annually by 2025.2 To achieve their full potential, it is vitally important to assess the potential risks drones might pose considering their characteristics and how this risk could be eliminated.
It is also globally acknowledged that drones need to be integrated into non-segregated airspace, without compromising the achieved standards of civil aviation for manned aircraft in any way. There are very important aspects linked to drone operation that are equally relevant to individuals both on the ground and in the air as well as to states and users of the airspace of interest for both manned and unmanned aircraft operation, among them is privacy.
There are no direct instruments addressing privacy concerns related to drone operation. Therefore, existing treaties and regulations should be examined to determine whether these privacy issues are covered by national, regional and global regulatory frameworks of the EU. As stressed in the Riga Declaration: “Public acceptance is key to the growth of drone services”. Therefore, addressing privacy issues sufficiently is a permanent force affecting the growth of the drone industry.
Key words: Drones, Civil Liability, Unmanned Aerial Systems, Privacy, Personal data protection.
Fear is part of the life and existence of any culture or individual. Over the years, the object of fear in a society and the strategies to combat it may change, but the expectation that people can be completely free from fear is simply an utopia. Different branches of psychology always tried to find distinguished explanations for the methods of originating and overcoming fear, although the fact is one, fear arises where there is a lack of individual’s personal maturity. When a person avoids every new life experience and does not try to move to a new stage of growth, it all accumulates in him/her in the form of fear and the individual experiences developmental fixation.
It is also interesting to talk about the differences that exist between fear and anxiety, as these two emotions are often interrelated. If we refer to Barlow, fear differs from anxiety in that, fear is present-oriented and relatively certain, rather than future-oriented and relatively uncertain. Uncertainty not only increases anxiety levels, but is also responsible for a person’s various mental disorders.
That is why, in the current situation in the world, when the Covid-19 pandemic affected the life of each individual, it is important to focus on the fear of the unknown situation caused by uncertainty. Usually, people want to control the present because with this they also want to take control over the future. In order to know what we are afraid of; it is necessary for a person to have insight by approaching the problem with consciousness and asking the questions to himself/herself. People in general have tendency to imagine a harsh scenario of the expected consequences of the future, which in many cases is completely far from the reality. It is fact that in case of having „apocalyptic” thoughts it becomes impossible to deal with fear. In the end, those who fearlessly „approach” this mentioned unpleasant emotion win the battle of overcoming fear.
Keywords: Fear, Anxiety, Fear of the Unknown Situation, Pandemic, Covid-19.
The disease COVID-19, caused by the new coronavirus (SARS-CoV-2), was first detected in Wuhan, China in late December 2019, and, due to its high degree of virulence, it has spread rapidly around the world ever since. On March 11, 2020, the World Health Organization descried the situation as a pandemic, and in March 2020, a state of emergency was declared in Georgia. To limit the spread of the virus “lockdown” was ordered and, except in emergencies, the population was restricted from leaving home, the learning process in educational institutions was suspended, and all sorts of gatherings and public transport were put off. In these circumstances, as well as the risks associated with deteriorating health and economic problems, students also found themselves in a difficult situation in terms of getting access to education, caused by the transition to distance learning.
The social category of students is characterized by an active lifestyle, a wide range of relationships and contacts. In consequence of the social distancing policies and measures implemented across the country to slow the spread of the virus, the reduction in contacts has given rise to feelings of loneliness and depression. The entire situation is likely to negatively affect the psychological well-being of students.
It has been proven that high levels of stress among students are associated with low mental wellness, which in turn, may lead to poor academic performance and the emergence of social and psychological problems. Based on the abovestated, the aim of the present paper was to establish a link between the indicators of loneliness, depression and psychological well-being with students in the context of constraints caused by the COVID pandemic.
Patient Health Questionnaire (PHQ-4), Loneliness Scale (UCLA) and Psychological Well-Being Scale (PWBS) were used for the purpose. Analysis of the results revealed that depression, anxiety and loneliness have a negative bearing on psychological well-being. The differences were analyzed in obedience to demographic characteristics.
Keywords: Mental Health, Loneliness, Depression, Psychological well-being.
Tourism is a global economic, social and cultural phenomenon of the modern world. Tourism meets human needs for cultural, physical, cognitive and spiritual development. Its key objectives are determined by specific social and cultural functions. In terms of the financial backing, tourism is divided into two types:
Commercial tourism is focused on making a profit by travel companies, vital to their further expansion and development. In the process of profit maximization, companies try to find the optimal ratio between costs and tourism product prices. The tourism services, they offer, are mainly focused on high and middle income individuals, who can afford to fully cover their travel expenses.
Social tourism is subsidized from the opportunities allocated to meet the social needs essential to creating travel opportunities for students, young people, retirees and veterans. This category of people, as the least able-bodied segment of the population, is provided with the appropriate opportunities by the state and nongovernmental organizations, or charitable foundations. This position is reinforced by the Manila Declaration on World Tourism, which states that “social tourism is a goal that society should pursue in the interests of those citizens who are least privileged in exercising their right to leisure”.
The concept and types of social tourism are different in different countries. In some countries, civil servants, the military and other categories enjoy the opportunity to travel at the expense of the budget, while in others it is subsidized, for example, by trade union funds. Companies that arrange such tours receive subsidies from the state, which allows them not to raise prices during the holidays.
The paper discusses the positive experience of developed countries in implementing social tourism development programs, the classification of target population groups in social tourism, development prospects in this field of tourism and positive factors.
Keywords: Social Tourism, Subsidies, Social policy, Charitable Foundations, Legislative Regulation.
Together with the development of civilization in world history, the need to disseminate information individually as well as collectively had progressively increased. Accordingly, each civilization tried to find a newer, faster and more efficient way of recording and transmitting information. The most important steps in this regard were taken in the ancient world. Antiquity had come a long way from sharing a piece of information on the Agora to developing an idea of writing news stories on a daily basis.
Public meetings and trials on the Agora, as well as performances at special dramatic festivals, drew fairly large audiences. In the ancient world, various signaling mechanisms and the system of messengers were also used quite effectively to convey information, but the principle of disseminating everyday recorded information, reminiscent of modern media, played an important role in informing the public, preceded by the Annals and the Fasti in particular.
The Annals conveyed the important events of the year, taken place in Rome, in a current-affairs style. The same practice of recording the information was also applied by the historians of the Ancient Near East, but the Romans are credited for coining the term “annals” to the very style of dispatching the historical events. The Fasti, on the other hand, were a kind of calendar and marked chronological or diachronic records of material, all kinds of interesting information from both religious or secular life.
As we have already mentioned, the most effective means of rapid and mass dissemination of written information was the Acta Diurna, introduced by Julius Caesar in 59 BC, the very first year of his consulship. It was fundamentally different from the Annals and the Fasti. The Fasti were more of a calendar nature, the Annals conveyed only important information, while the Acta Diurna contained relatively insignificant news as well.
Based on the arguments suggested in the current paper, we came to the conclusion that the idea of today’s newspaper was formed in antiquity, developed and implemented in the form of daily written news, which formed the basis of the epoch-making aspiration for freedom of speech. Accordingly, it can be assumed that in the paper, for the first time in classical philology, we have illustrated the way of logical development that ultimately led the ancient world to moving from the Agora type of democratic sharing of information to the practice of creating and disseminating daily news.
Keywords: Information Dissemination, Agora, Annals, Fasti, Acta Diurna.
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