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სასასამართლოს მიერ საქმის მომზადების მიზნით შესასრულებელი მოქმედებები
Date Issued
2020
Author(s)
Advisor(s)
Institution
Publisher
Abstract
The subject matter of the research is activities that a court must carry out in order to prepare a case. The topic itself is of crucial importance since there are many occasions, which obstruct the swift and effective administration of justice.
In the process of investigating this issue, we have studied, in detail, the goal and significance of the phase in which the case is prepared, and the nature of the actions to be accomplished by the court, in this regard, on the legislative level, as well as from the practical standpoint. In the course of working on this research, the legislative system of Georgia has been compared to the existing legislative acts of the leading European countries in the field of civil law. (With respect to providing evidence, we have reviewed the legislation of England, the USA, Germany, Russia, France and the other countries).
The following work incorporates Georgian and foreign literature. In view of better presenting the problem, we have used court practices (there are certain comparisons made regarding different practical approaches that exist between the district and city courts), recommendations, public information and material in the form of statistical analysis.
There are separate sub-chapters in the work that specifically deal with the stage of case preparation and its importance, those activities that a court must undertake to prepare for a case, are further analyzed in the subsequent sub-chapters too. A special chapter has been assigned to the issues of answer and counterclaim. Admittedly, it denotes an action that is carried out by a suitor, although its fulfillment or the opposite, in itself, prompts the court to take steps toward preparing the case. We have created a separate chapter for the court claims and evidence, taking into consideration the fact that they constitute one of the main components of a trial. In total, the research contains eight chapters.
As regards the purpose of the research, its aim is to better analyze those problems which are connected to the process of case preparation on the part of a court, and subsequently, to come up with recommendations on how to solve the problems.
The results of the work are significant as they justify the goal that was set during this research. These are procedures toward preparing a case and defending interests of a suitor as best as possible, rights that were violated or became subject of a dispute ought to be restored in good time. This has to be accomplished in such a way that prevents the infliction of damage on any participant of the trial.
In the process of investigating this issue, we have studied, in detail, the goal and significance of the phase in which the case is prepared, and the nature of the actions to be accomplished by the court, in this regard, on the legislative level, as well as from the practical standpoint. In the course of working on this research, the legislative system of Georgia has been compared to the existing legislative acts of the leading European countries in the field of civil law. (With respect to providing evidence, we have reviewed the legislation of England, the USA, Germany, Russia, France and the other countries).
The following work incorporates Georgian and foreign literature. In view of better presenting the problem, we have used court practices (there are certain comparisons made regarding different practical approaches that exist between the district and city courts), recommendations, public information and material in the form of statistical analysis.
There are separate sub-chapters in the work that specifically deal with the stage of case preparation and its importance, those activities that a court must undertake to prepare for a case, are further analyzed in the subsequent sub-chapters too. A special chapter has been assigned to the issues of answer and counterclaim. Admittedly, it denotes an action that is carried out by a suitor, although its fulfillment or the opposite, in itself, prompts the court to take steps toward preparing the case. We have created a separate chapter for the court claims and evidence, taking into consideration the fact that they constitute one of the main components of a trial. In total, the research contains eight chapters.
As regards the purpose of the research, its aim is to better analyze those problems which are connected to the process of case preparation on the part of a court, and subsequently, to come up with recommendations on how to solve the problems.
The results of the work are significant as they justify the goal that was set during this research. These are procedures toward preparing a case and defending interests of a suitor as best as possible, rights that were violated or became subject of a dispute ought to be restored in good time. This has to be accomplished in such a way that prevents the infliction of damage on any participant of the trial.
Degree Name
Master of Law
Degree Discipline
სამართლის სამაგისტრო პროგრამა
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Sulkhan Geliashvili Samagistro.pdf
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სასასამართლოს მიერ საქმის მომზადების მიზნით შესასრულებელი მოქმედებები
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