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  • COMMUNITY WORK AS AN ALTERN...
    Mariam Gelashvili

    Samart'ali da Msop'lio, 3/2023, Letnik: 9, Številka: 1
    Journal Article

    This article is devoted to community service as an alternative to imprisonment and the legal problems of its use. It includes interesting and different views on the distribution of the benefit provided by the law of exemption from serving a sentence, which is based on a deep analysis of practice and research of scientific works. This small journalistic work is an attempt to make a modern scientific analysis of the introduction/establishment of a punishment that was previously foreign to our country, to what extent the mentioned legal innovation was justified, and what can be done for its further refinement/perfection, in addition, the specified concept focuses on the factors that allow for a correct complex approach from both the court and the decision-making body when deciding on the usage of the named legal mechanism. In addition, the present article aims to discuss the main problems with the given mechanism of release from serving a sentence, as well as to propose suggestions of a recommendatory nature for the regulation of legal relations, including, as mentioned, legislative initiatives in terms of improving/perfecting the current legislation. Additionally, a comparative legal analysis is made in the article, which makes the scientific research process of changing the punishment from punishment to work useful for society even more interesting and diverse. In particular, the existing system at the national level is compared with internationally known models, based on this comparison, a comparative analysis is made, which shows the similarities and differences between the models. The final part is devoted to the summary propositions that I have acquired due to the study and scientific processing of the raised issue. Historical, formal-logical, dogmatic, formal-legal, comparative-legal, descriptive, and systematic methods are used to re- search the problem in a separate chapter. Furthermore, the data of legal statistics are used through the study and generalization of the practice of local councils and the court. The opinions, proposals, and recommendations presented in the article will be interesting for theorists and practitioners interested in the given issue, as well as for legislative and administrative bodies, as well as for the court. In addition, the work will be interesting for non-lawyers, as it scientifically elaborates on community service as an alternative to imprisonment in modern Georgian law.