Conflict and Competition of Duties in Georgia: Judicial and Scientific Aspects

Adam Makharadze1

Abstract
This research delves into the scientific and judicial aspects of duty conflicts
in Georgia’s criminal law doctrine. Employing various methodological approaches,
including comparative legal analysis and a systematic framework, it scrutinizes
critical elements like the prohibition of repressive analogy, the clear distinction
between duty competition and conflict, and the influence of case law. The study
identifies challenges within modern penitentiary practices, emphasizing the
importance of upholding human rights, freedoms, and criminal law norms in
Georgia. The findings have the potential to enhance comprehension of compliance
with criminal law and risk mitigation in the country’s legal landscape, emphasizing
the need for respect of fundamental rights and the evolution of legal practices for a
more just and transparent legal system.

Keywords: supra-legal principles, omission, analogy of law, proportionality of punishment, human rights.