Legal Status Research Articles

Dondurulmuş embrion vərəsə, yoxsa mülkiyyətdir: nəzəriyyə və təcrübə

The article examines in detail and interlinked the legal status of frozen embryos and the relationships associated with the application of legal practice to them. The following are the provisions of the legislation of the states on the legal status of the frozen embryo, including the opinions of various authors on legal regulation, the nuances of improving the scientific and practical base are noted. Also, the legislation of the Republic of Azerbaijan reflects the attitude to this issue, a comparison of existing gaps with the legal practice of foreign countries, facts from other legislations, arguments regarding the legal status of a frozen embryo heir or property. Keywords: frozen embryo, property, legal status, heir.

Reevaluating the Legal Status of Monosodium Glutamate Consumption: The Indonesian Ulema Council’s Fatwas and Maqāṣid al-Sharī’ah

This article examines the consistency of the MUI Fatwa regarding Monosodium Glutamate (MSG) from a Maqāṣid al-Sharī’ah standpoint. The legal issue addressed in this research arises from the ongoing debate regarding the consumption of MSG. The Indonesian Ulema Council (MUI) has issued a fatwa declaring that MSG consumption is permissible (halal), provided that it is produced from halal ingredients and is processed, packaged, marketed, distributed, and served in compliance with Islamic law. However, numerous studies have highlighted the adverse effects associated with MSG consumption. This research employs a normative-empirical approach to Islamic law. The primary normative data consists of the MUI fatwa concerning flavoring products, specifically monosodium glutamate, which contains amino acids, as well as various sources discussing Maqāṣid al-Sharī’ah. The primary empirical data is derived from interviews with MUI board members regarding their perspectives on the relevant fatwa. Additionally, non-legal sources, including scientific literature on MSG, are utilized. Through this methodological approach, the research yielded several key findings. Although the MUI has declared MSG consumption as halal, individuals must still adhere to the safety guidelines established by the WHO and the Indonesian Ministry of Health. The MUI further advises against excessive or prolonged consumption of MSG due to its harmful effects on one’s well-being, including the soul, mind, reproductive system, beliefs, and property, all of which Islamic law mandates to be safeguarded. Consequently, the research concludes that the MUI fatwa, along with the explanations provided by its members, aligns closely with the principles of Maqāṣid al-Sharī’ah, as the prevention of harm takes precedence over the pursuit of benefits.

Persistent unilateral action

Abstract Many believe that weaker legal constraints make unilateral action easier to reverse than legislation. Yet in some cases, unilateralism survives a successor's determined opposition. I argue that legislative persistence and unilateral transience may arise not only from differences in legal status but also from a selection effect: unilateralism and subsequent rescission can both stem from weak underlying policy-demanding groups. But if unilateralism itself alters the landscape of group power through policy feedback effects, it can survive a purportedly opposed new president. An example is the Trump Administration's failure to depart from the Obama Justice Department's lax stance on cannabis. Weak constituents’ policy demands may thus need to rely on a sympathetic president's unilateral action to begin a feedback loop, subsequently softening opposition. This paper therefore identifies unilateral action as a key tool for shifting policy in an enduring way, explaining its success or failure in terms of interest group power.

On the up and up: the job mobility of skilled return migrants

Abstract This paper examines the labor market incorporation of skilled Indian migrants returning home after working in the United States. I analyze a novel dataset of 7,177 time-varying transnational employment histories from LinkedIn using logistic regression and survival analysis. I find that skilled Indian migrants experience occupational upgrades when re-entering their home labor market, buoyed by foreign human capital and compensating for US legal status restrictions. While immigrants often face initial occupational downgrades and job mobility constraints in foreign labor markets, return migrants experience stability, promotions and accelerated rates of job mobility at home. The paper contributes to the literature on return migration, a significant but understudied dimension of international migration due to data constraints. I offer LinkedIn employment histories as digital data source to address these limitations and leverage their rich spatio-temporal information. These data help expand prior research on return migrant wages to broader questions about transnational migrant career trajectories. The findings shed light into where high-demand migrants might maximize their career growth, and have implications for understanding the policies shaping the recruitment and retention of skilled workers in the global labor market.

Markers of the Legal Status of Foreigners in Russia in the First Quarter of the 18th Century

Markers of the Legal Status of Foreigners in Russia in the First Quarter of the 18th Century

О СИСТЕМНОМ СТАТУСЕ ОБЪЕКТА ПРОГРЕССИВНОЙ СИСТЕМЫ ИСПОЛНЕНИЯ И ОТБЫВАНИЯ ЛИШЕНИЯ СВОБОДЫ

In the legal literature, the model of a progressive system of execution and serving of imprisonment is increasingly associated with a change in the legal status of a convicted person serving a criminal sentence, depending on the positive or negative behavior of the convicted person towards improvement or deterioration. Such judgments, in the author’s opinion, are not supported by the study of the progressive system from the position of the general definition of the system as a set of elements in mutual relations and connections forming a certain integrity, unity, as well as its understanding in the aspect of system analysis. To create a systematic understanding of the object of a progressive system with its systemic and legal characteristics, it is necessary to study it from the standpoint of system analysis, which is a means of improving and developing the current state of the progressive system as a whole (increasing its effectiveness). In the domestic legal literature, the systemic status of the object of the progressive system is not studied from the indicated positions. To show more clearly the features of the inseparability of system analysis from the object of the system (a person in custody; a person sentenced to imprisonment; For the first time, an attempt was made to create a systemic legal model of the systemic status of an object of a progressive system. In addition, the definition of the concept of the systemic status of an object of a progressive system is constructed, as well as its author’s concept is proposed, the structural elements of the systemic status of an object of a progressive system proposed for discussion are analyzed. The judgments given in the study have not yet found their completeness and are debatable, but their comprehensive study will allow us to take a different look at the reflection of the current concept of a progressive system in the norms of domestic legislation.

Some Problems with the Legal Regulation of the Relations in the Field of Medical Tissue Technologies in the Russian Federation

This article substantiates the need for shaping a separate legal system to regulate the relations in tissue banking, as well as biomedical tissue and hybrid technologies. The key problems that have been faced by biomedical and cellular tissue technologies in Russia were analyzed. The major deficiencies and contradictions regarding organ and tissue transplantation in the current Russian legal system were pointed out. First, there have been no federal laws governing the activities of tissue banks. Second, the procedures of human biomaterial donation for medical use remain uncontrolled. Third, there has been no consistency in the retrieval, storage, and transportation of human biomaterials. Finally, the list and legal status of organizations engaged in relevant activities and the legal regime of biological material used for these purposes have not been defined. The study focuses on the practical problems of tissue banks and innovative biomedical technologies that require a legislative initiative. Possible ways to overcome the identified contradictions and problems were discussed.

НЕКОТОРЫЕ АСПЕКТЫ ДЕЯТЕЛЬНОСТИ ПРАВОСЛАВНЫХ СВЯЩЕННОСЛУЖИТЕЛЕЙ В ОБЩЕСТВЕННЫХ НАБЛЮДАТЕЛЬНЫХ КОМИССИЯХ ПО ОБЕСПЕЧЕНИЮ ПРАВА НА СВОБОДУ ВЕРОИСПОВЕДАНИЯ ПОДСЛЕДСТВЕННЫХ И ОСУЖДЕННЫХ

On January 26, 2024, within the framework of the XXXII International Christmas Educational Readings «Orthodoxy and Domestic Culture: losses and gains of the past, the image of the future», the Public Chamber of the Russian Federation held a round table hearing on the topic «Participation of clergy in the work of public monitoring commissions (ONCS) on public control over ensuring human rights in places of forced detention». The trends of changes in the legal status of the clergy in the penal enforcement system of the Russian Federation are revealed. The main directions and forms of participation of the clergy in the realization of the right of persons under investigation and convicted to freedom of conscience and religion are considered. The report pays special attention to the analysis of the main problems in the implementation of this right in pre-trial detention facilities. Proposals have been made to improve legal regulation and law enforcement practice in the field of interaction between institutions and bodies of the penal enforcement system with traditional centralized religious organizations in Russia

Legal Protection of Copyright Works and Complex Intellectual Property Objects on Social Networks: Court Practice Issues

The paper examines modern approaches of court practice in order to determine the legal nature of complex intellectual property objects, as well as creative outputs generated on social networks. The author analyzes the Judicial Review of the Supreme Court of the Russian Federation 2024 and the practice of the Intellectual Property Rights Court, devoted to topical issues of judicial protection of creative outputs on the Internet, as well as doctrinal sources, foreign experience on the issues under consideration. A legal analysis of complex intellectual property objects, ways of using them on the Internet, as well as gaps in legislative regulation in this area is carried out. The issues of the legal status of the information intermediary, the definition of the violator in social networks, especially on telegram channels, as well as the possibilities and criteria for the application of interim measures in case of violation of copyright and related rights are considered separately. In addition, cases and examples from law enforcement practice are considered when the copyright holder may, at their discretion, allow or prohibit other persons from using the result of intellectual activity or a means of individualization, since the absence of a ban is not considered consent (permission), which is a frequent violation, especially on the Internet.

Legal Monitoring of the Modern Penitentiary Process in Russian and Foreign Legal Systems

This article explores human rights mechanisms as a set of international and domestic bodies that are legally authorized to perform oversight and supervisory activities for protecting the rights, freedoms, and legitimate interests of convicts. A classification of human rights mechanisms within the penitentiary system was given, taking into account the universal and regional value of Russian and international laws and their influence on the legal status of convicts serving their criminal sentences. A new type of legal process, (penitentiary) criminal enforcement, was proposed for future consideration and defined. The status of the cross-sectoral institution of death penalty was discussed from our own perspective on the matter. With regard to the primacy of international legal norms and treaties in expanding and upholding the rights, freedoms, and legitimate interests of convicts, it was concluded that the Russian legislative system has a legal axiom worthy of integration into other modern legal systems.

Law of Ukraine on Palliative Care: to be or not to be

The author has conducted an analysis of the laws on palliative care acting in foreign countries:(Italy, Spain, Germany, Slovakia, France), determined their peculiarities, which areconcordant for a national law, the necessity of which has grown in Ukraine. In particular, thegiven peculiarities include: 1) a value-oriented focus of the laws (quality of life, informed consentetc.); 2) the litmus paper — the confirmation of human dignity, anchored in the internationalstandards; 3) the struggle for life «in the boundaries»; 4) an appropriate pain relief as akey algorithm of medical assistance; 5) the foundations of the law constitute a conceptual-categoricalapparatus.The author has formed a mosaic of the strategy of a special law through the prism of a preambula,the definitive-categorial apparatus and the principles, as well as the author's view ofthe content of the act. The author hallmarked that the structure of the domestic palliativecare law should contain, inter alia: the legal status of palliative patients, the legal representativesof palliative patients, the members of their families, as well as the legal status of medicalemployees, which fulfill the provision of palliative care. The author outlined, that amongthe rights of palliative patients, the following possibilities should be concordant to be included:the refusal from medical interventions, an advance directive, the respect to human dignity,obtaining medical information and the refusal of obtaining it, right to autonomy and voluntaryinformed consent to a medical intervention. The author underlined that the palliativecare law should contain a distinct chapter, dedicated to the peculiarities of providing palliativecare to children, as specific subjects of receiving such care. The author focused the attentionto the fact that distinct chapters would have to regulate the legal status of palliative careproviders and their interaction, and contain the division of powers, since the interdisciplinarityof the sphere would combine two institutions of the Ministry of Health of Ukraine and theMinistry of Social Policy of Ukraine, various institutions and establishments.The author justified the necessity of determining the key definition of the research sphereprecisely as palliative care, without the hospice one.

The benefits and harms of inpatient involuntary psychiatric treatment: a scoping review

This scoping review examined quantitative research comparing involuntary inpatient groups with voluntary inpatients or other comparator group. Ten themes were identified: patient knowledge of legal status, experienced or perceived coercion, effects on medication use, clinical effects measured on outcome scales, effects on psychiatric readmission, use of restraints and seclusion, effects on suicide and deaths, patient satisfaction, length of stay and carer experiences. The review found that involuntary inpatient admission was associated with harms including increased subjective and objective coercion, increased cost and decreased patient satisfaction. In addition, it found that there may be significant confusion among both voluntary and involuntary patients regarding their legal rights. However, patients admitted on an involuntary basis experienced greater improvements in symptoms and function, possibly due to greater symptom burden prior to admission. Involuntary treatment carries the potential for both benefit and harms that should be acknowledged and mitigated by service providers.

Budgets of state extra-budgetary funds: legal regulation in the modern period

This article analyzes the legal features of the budgets of state extra-budgetary funds as targeted centralized funds. The legal status of state extra-budgetary funds as legal entities is characterized, and attention is paid to the issue of their organizational and legal form. It is concluded that the Social Fund of Russia, its bodies and divisions constitute a centralized system, however, the system of the Compulsory Medical Insurance Fund and territorial funds, which have significant powers, is decentralized. In addition, general issues of budgetary regulation of funds are considered: the procedure for drawing up and approving budgets, types of income and expenses that assume a targeted nature, the formation and approval of reporting documentation.

Foreign business presence and local entrepreneurship development: evidence from China

Does the entry of foreign-invested enterprises (FIEs) enhance host economies’ entrepreneurship? Empirical findings in the literature are far from conclusive because of diverse local conditions. This article investigates the effect of FIEs on local private business creation in China. Using a panel dataset of 31 provinces from 1992 to 2019 and two-way fixed effect models, this study finds that the entry of foreign-invested firms significantly enhances China’s provincial-level entrepreneurship. The effect is robust to various sets of control variables and different measurements of FIEs (either FDI stock or flow). The findings also suggest that the effect of FIEs on local entrepreneurship is lower in the second subperiod (2001–2019) than in the first subperiod (1992–2001). Moreover, the improved legal status of private businesses and better protection of private property, as amended in the Constitution, decrease the role of FIEs in enhancing local entrepreneurship.

The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.

Legal Status of Convicted Persons

The legal status of persons serving a sentence of imprisonment is the most understudied topic in domestic legal science. Since in its content the legal status of convicts is the most complex system covering various branches of law. A more detailed study of the conceptual categories of legal status allows us to reveal the most meaningful aspects of the legal status of convicts. The article attempts to characterize the most essential features of the legal status of persons serving a sentence.

Using AI to Mitigate the Employee Misclassification Problem

Misclassification of employees as independent contractors is widespread. This article aims to make two contributions. My first goal is to sharpen the explanation of why misclassifications persist; I argue that three well‐known problems – the indeterminacy of employee status tests, the barriers to self‐enforcement, and the inequality of bargaining power – together combine to give employers de facto power to set the default legal status. Putting the burden on the worker to initiate legal proceedings and challenge their classification as an independent contractor is the ultimate reason for persistent misclassifications. The second and main contribution is to propose a solution that relies on new AI capabilities. Thanks to technological advancements it is now possible to require employers to seek pre‐authorisation before engaging with someone as an independent contractor. The authorisation would be granted (or refused) by a state‐run automated system, based on an AI prediction about the law. Both parties would still be able to bring the case before a court of law; but the power to set the default legal status would be taken away from employers. The article considers the difficulties with relying on AI predictions, and argues that those difficulties can be addressed, proposing a model that can be justified.

Stratified Private Safety Nets: How Legal Status Shapes Financial Contributions by Immigrant-Origin Young Adults

Stratified Private Safety Nets: How Legal Status Shapes Financial Contributions by Immigrant-Origin Young Adults

Conceptual approaches to determining the legal status of a child in modern conditions

Conceptual approaches to determining the legal status of a child in modern conditions

The Russian Federation as a subject of financial law

The key characteristics of the legal status of public legal entities as subjects of financial law are publicity, authority, sovereignty, as well as the financial basis. Within the framework of financial activity, the unity of the system of public power and federally determined separation of powers between levels of government are combined. In this regard, it is especially important to determine the legal personality of public legal entities in financial law. Based on the analysis of the norms of the Constitution of the Russian Federation, as well as the norms of financial law, it can be concluded that of all types of financial legal relations, the Russian Federation independently participates only in budgetary legal relations. In budget law, the state has not only responsibilities for regulation, distribution and control, but also rights, among which the main thing is the right to its own budget. The federal budget is not the budget of any authority that drafted or adopted it, but represents a form of education and spending of funds throughout Russia, and in this context covers all subjects of law at the level: public entities, authorities, legal entities and individuals. Consequently, through budgetary powers, the Russian Federation interacts with all subjects of financial law, involving them, directly or indirectly, in legal relations regarding public funds.