Current Problems of Justice and the Ways of Their Solution / მართლმსაჯულების აქტუალური პრობლემები და მათი დაძლევის გზები

Leila Arkhoshashvili


In the article “Actual judicial problems and their solutions” are discussed the difficulties that hinder swift judicial administration.
A merger of the courts limits the right to apply to the court. Our recommendation is that the united courts should be returned to the position existed before 2004.
It is necessary to increase the number of judges. A judge must not be appointed, a judge should be elected by the people.
The so-called “enveloping” of a claim should not occur in the court.
It is problematic in case of shortcoming to make a decree about the refusal to admit the claim (application). It would be better if the judge made a decree about a shortcoming.
The stipulation of the 78 Article of the Civil Code of Georgia represents a problem. This stipulation gives to the court in its sole discretion the possibility to post a decree about the notice public dissemination in “a prominent place” of the court building. It would be better, if the change was made to the Procedure Code, where one newspaper will be indicated which will be a special one for public information.
We consider the Institution of a default decision in case of the non-submission of the objection should be abolished.
We reckon the Jury institution in the criminal law is an erroneous one.


court; decision; adversarial;

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