Issue 2 (2015)

SOME INCONSISTENCIES WITH CONSTITUTIONAL PRINCIPLES

Abstract: Justice is the form of state operaton which implies that the General Courts, within their competence, shall discuss and solve the cases – criminal offenses, civil disputes and other cases. According to the operative Constitution of Georgia justice is administered by General Courts. According to several Articles of the Criminal Code of Georgia, these authorities are imposed to the Ministry of Corrections and Probation of Georgia, what violates not only the abovementioned principle of judiciary, but also paragraph 5 of the Article 84 of the Constitution which states that the court decision can be cancelled, changed or suspended only by the court in line with the regulation determined by the law. The author offers several suggestions to eliminate this problem.

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