სამართალდარღვევის ფაქტის არარსებობის დადგენა, როგორც მორალური ზიანის ანაზღაურების საფუძველი

Abstract

The current Georgian Code of Administrative Offenses, was adopted almost four decades ago in 1984, during the Soviet period. The aforementioned Code, can be considered as a law that restricts human freedom. With regard to the need of immediate changes in Code the agreement has been reached among various actors, including the state representatives’, as well as non-governmental organizations and International organization. However, there is no consensus about what needs to be changed. Since 1992, a number of changes has been made in the Code, especially, with regard to articles given in private section however, none of these amendments aimed at establishing new system for Georgian Code of Administrative Offenses. Thus, the current version of the Code is based on the ideology of Soviet law and therefore fails to satisfy the requirements of a modern legal and democratic state. The gradual legal reforms in the state, namely the adoption of the Constitution, The Code of Administrative law (general and procedural), the ratification of the European Convention on Human Rights and more significantly, the need for harmonization of the law that derives from Georgian and European Union Association Agreement, makes it more visible that the Georgian Code of Administrative Offenses requires urgent amendments. This law is often criticized by International Organizations, which is a proof that reforms are needed.