2018-02-21

 Episode I

How the society handles solving the disputes in one of the indications of democracy and legal culture of such society. Supporting introduction of mechanisms of disputes’ peaceful settlement is one of strategic direction of the association agreement with EU. Council of EU actively works on competences new model of democratic culture. This process includes 47 countries of EU Council. The framework agreement exists indicating 20 competences including one of the most important skill to solve the conflicts. According to the document, this competence includes 25 descriptors, for example, using human rights principles while solving conflicts between persons, intention to solve the conflict, skills to analyze reason and other aspects of the conflict, skills to find way out of the conflict situation for the parties, to effectively control other people’s mood, such as stress, agitation and feeling danger and etc.

It is very glad that in this case, Georgians do not need big effort and puzzling as our country has a long tradition for solving disputes. More certainly, institute of mediators in Georgia existed in pre-state age, while patrimonial order. Georgian legal texts contain many examples of finding proper and acceptable for everybody solution of, at the first glance, hopeless situations by the attempt of the mediators, middlemen. This institute existed in almost every part of Georgia: in west and east Georgia, mountainous regions. Documentary materials and the fact that mediation process with its historic form still exists in some parts of Georgia, indicates the effectivity of such institute. I would like to mention unprecedented event from the era of Tamar – in 1184 sending two famous and well appraised ladies Kravai Jakeli, noble mother, and Khvarash Tsokali, mother of prince of Kartli, Rati Surameli, in order to ease the situation during the rebellion of Kutlu-Arslan. Of course, it was not hard for Tamar to arrest and strictly punish the rebels but she made the reasonable decision, chose the negotiation, used the authority of the respected ladies, also the respect of the ladies deep-seated in Georgians’ nature which caused the desired outcome.

Due to abovementioned, not only we can take ready recipes form the past and make relevant to the present, but we also can inform Europe that our ancestors invented this bicycle long time ago and offer them our rich historic experience in this field.  

Episode II

Lately we often hear “European phenomenon” in Georgia. Politicians, journalists, scientists, teachers and etc. talk about this. What occasion stands behind these words?

Georgian feudalism and master-and-serf system.
Isolating executive and court authorities from each other during the times of David the Builder.
“The Knight in the Panther’s Skin” – idea of equality of woman and man.
“The Knight in the Panther’s Skin” – autocrat, reformative and tolerant (forgiving) king, and idea of loving, just and thoughtful for poor king.
Kurtlu-Arslan’s view of limiting royal authority and separation of powers – year of 1184.
Georgian progressive law – suspending death penalty and torture – in the time of King Tamar.
 

How can you not have the feeling of protest while reading these lines. I thinks, author is lost in time and space. Why do I think so? Because majority of the listed evens outstrips the same events in Europe. For example, the idea of loving, fair and caring for poor king, to whom Rustaveli deditaced unforgettable lines in XII century, later became European social ideal: „give the treasure to the poor, free the slaves”. Or even when cutting one’s head was a popular show in Europe, King Tamar abolished castration, penalty of death, developed charity – later saint European ideals and principles, idea of true justice enshrined in “The Knight in the Panther’s Skin”: “to do true justice makes even a dry tree green”, later European civilization was based on this. Even at the times of David the Builder, Georgian politics were directed to religious peace, respect and help of all religions. With respect to the group of Kurtlu-Arslan, the secular doctrine of separation of powers was the legal basis for the transformation entire state of the feudal Georgia; this program had 2 main points: a) creating institution similar to parliament; b) separation of powers and its execution by different bodies. If we borrow from Ivane Javakhishvili, in that age such event was only similar to existence of England’s “The Great Charter” (1265). Hence Georgia is one century ahead the Great Charter which indicates worldwide historical importance of the movement of the group of Kurtlu-Arslan (I don’t even say anything regarding the fact that classical grounds of secular doctrine of separation of powers were formed by Locke and Montesquieu in XVIII century and the fact that Georgian renaissance overtook the European one for several centuries).  

Not to continue for a long time, I guess you will agree that I have the reason to woe. I would also like to note that “European events” are everywhere in inverted commas but did the inverted commas help anything? Unfortunately, people cannot hear inverted commas while talking (even if they could, doubtfully, everyone would not know its importance). I wish they had indicated “so-called” beforehand. It would be more justified to call these events “Georgian events in Europe”.

Episode  III

Not long ago at the meeting of representatives of medium business I heard: “if we sign (meaning the association agreement), our traditional export in Russia will be destroyed due to European standards”. Friends, why do you insult Russia? You want to say that Russia prefers low-quality products to good quality ones? Russians do not have taste? Whoever thinks this way means that he/she has never been to Russia, has never seen counters full with highest quality groceries or industrial goods and has not been in 3-4 hours, sometimes a kilometer long row, has not looked at restaurants full of people in Moscow and its surroundings and has not seen what “nourishing food and drinks” means. Therefore, Georgian producers, do not be afraid, produce products in compliance with EU standards and bravely import to Russian market. I am sure, Russian consumer will meet your good quality products with open hands.

At last, I want to give you one more advice: do not mix politics and business. We got restrictions an limitations from Russia for several times not because of high quality, but because of politics. If you are afraid of this, I want to calm you down. I doubt that Georgia with 4 million population will produce so much products that 500 million big EU market will not be enough for its sales and we will have to search for other buyers.

BA Student at TSU

Faculty of Law