Legal Status Research Articles

Legal Horizons of the New Artificial Intelligence Paradigm

Modern society is undergoing a structural transformation of the world economy. This is as a result of the transition to a new technological base through the introduction of artificial intelligence, cutting-edge information and communication technology, energy technology, biotechnology and nanotechnology. Artificial intelligence has the ability to significantly change the economy and social relations in society, and its newly discovered capabilities are transformational and global in nature. At the same time, the extraordinary capabilities of artificial intelligence technologies involve risks that can threaten stability and undermine human values. In order to eliminate possible threats and risks and mitigate potential dangers, it is crucial to develop systemic legal measures and ways to regulate AI technologies and models on a national and international scale and to define the legal status of AI, which must include protection of humans from the uncontrolled influence of AI and the inviolability of guarantees of human rights and freedoms. With this in mind, and in order to mitigate potential dangers and ensure the controllability and sustainability of AI technologies based on the concept of trusted (responsible) AI, it is necessary to agree on universal international guidelines for the development and application of AI technologies and models. Furthermore, it is necessary to create a universal code of conduct for AI developers, who together can create a basis for a uniform framework of legal regulation within the national legislation of each country on the principles of human rights protection, privacy and data protection, transparency and explainability, fairness, accountability and safety of artificial intelligence, adequate human oversight and ethical standards for the creation and application of AI models.

Determinants of the profitability of Sheltered Workshops: efficiency and effects of the COVID-19 crisis

The socio-labor inclusion of people with disabilities represents a substantial social challenge in European countries, particularly in Spain. Sheltered Workshops (SWs), a type of Work Integration Social Enterprise, are companies specifically designed to provide employment opportunities for individuals with disabilities, offering ongoing support throughout the integration process. SWs need to be profitable to sustain their social contributions. This study investigates the determinants of profitability for SWs in Spain, analyzing a sample of 1133 entities from 2010 to 2020. Using a static panel data model (random effects) and a dynamic panel data model (Generalized Method of Moments, GMM system), we estimate, among other factors, the impact of efficiency on profitability, with efficiency scores calculated via data envelopment analysis (DEA). Our findings reveal that the positive effect of operational efficiency outweighs the negative effect of social efficiency, resulting in a net positive impact of overall efficiency on profitability. The SWs were able to operate effectively to meet the needs of people with disabilities while achieving financial viability by combining social and economic goals. The study shows no significant differences in these effects when considering the legal status of the SWs (for-profit vs. non-profit). Additional factors influencing SW performance include size, low risk, and leverage, which have a positive impact, while age, liquidity, and tangibility generally have a negative and significant effect. During both the financial and COVID-19 crises, SWs experienced lower profitability; however, a positive and significant relationship between efficiency and profitability was observed during the COVID-19 crisis. The robustness of our results was confirmed through alternative measures of efficiency and performance and by addressing potential endogeneity issues. Understanding how financial and social factors influence profitability helps policymakers develop growth and sustainability policies for SWs and enables practitioners to identify strengths and weaknesses, facilitating better decision-making.

Legal Status of Corporate Social Responsibility in GCC countries with special reference to Bahrain

Earlier the concept of corporate social responsibility (CSR) was based upon philanthropic approach but now has become an imperative subject matter in the business world. Countries adopt different measures to implement CSR. In many countries, CSR is self-regulated voluntary activity like in Gulf cooperation countries. In Gulf countries the concept of Zakat Tax is equivalent to CSR. Though there is no legal mandate for CSR implementation in gulf countries still its filing and listing is mandatory. For the present study Doctrinal method is adopted by the researcher. The sources referred are primary as well as secondary for primary sources Statues and Government notifications and reports of the Committees are referred and in secondary sources newspaper reports, scholarly research articles are referred. The present paper is analytical in nature as it analyses the concept of CSR in consonance with other aspects such as legal mandate under Business law. It further aims to study the implications of mandating CSR. The present study is about CSR in GCC with special reference to Bahrain.

Legal Status of Corporate Social Responsibility in GCC countries with special reference to Bahrain

Earlier the concept of corporate social responsibility (CSR) was based upon philanthropic approach but now has become an imperative subject matter in the business world. Countries adopt different measures to implement CSR. In many countries, CSR is self-regulated voluntary activity like in Gulf cooperation countries. In Gulf countries the concept of Zakat Tax is equivalent to CSR. Though there is no legal mandate for CSR implementation in gulf countries still its filing and listing is mandatory. For the present study Doctrinal method is adopted by the researcher. The sources referred are primary as well as secondary for primary sources Statues and Government notifications and reports of the Committees are referred and in secondary sources newspaper reports, scholarly research articles are referred. The present paper is analytical in nature as it analyses the concept of CSR in consonance with other aspects such as legal mandate under Business law. It further aims to study the implications of mandating CSR. The present study is about CSR in GCC with special reference to Bahrain.

International Travel for Organ Transplantation: Provider and Patient Perspectives.

Organ allocation in the United States to non-US citizen, non-US residents who travel for transplant (NC/NRTx) is controversial. Current policies may not be informed by stakeholder opinions, as limited data exist assessing the knowledge or opinions of providers or patients on this issue. A cross-sectional, hospital-based pilot survey was distributed to providers and patients from December 2019 to June 2020 at a single large urban transplant institute. Providers were members of the departments of surgery and medicine and included both transplant and nontransplant providers. Surveys included 10 questions on eligibility, prioritization, and limitations for deceased donor transplantation and 12 demographic questions. A total of 209 providers responded (61% women, median age 40) and 119 patients responded (62% women, median age 54). Awareness of eligibility for transplantation of US citizens, non-US citizens residing in the United States (NC/R), and NC/NRTx was high in both groups, though providers and patients lacked awareness of the eligibility of nonlegal NC/R (those who live in the United States who are not citizens and are not legal residents) to donate and receive organs. Overall, 79.3% of patients stated that NC/NRTx should be eligible for transplant in the United States compared with only 60.7% of providers (P = 0.001). Providers were more likely than patients to prioritize transplant to legal NC/NR over NC/NRTx (58.2% versus 35.1%, P < 000.1) and reported that families should be able to limit donations to NC/NRTx (34.9% versus 23.2%, P = 0.03). Surveyed patients and providers generally support transplant in non-US citizens; however, the strength of support varied considerably based on the legal status of the patient and the occupation of those surveyed. Larger studies are necessary to develop data-informed policy.

The Involvement of Religious Institution in Zakat Implementation at the Local Community

This study aims to elucidate the manner in which the implementation of professional zakat is shaped by religious institutions in Indonesia. Religious institutions, such as the Office of the Ministry of Religious Affairs, play a significant role in regulating the distribution of zakat. The methodology employed is descriptive-qualitative, which involves conducting interviews and literature studies in order to obtain relevant data. This study identifies a discrepancy in the implementation of professional zakat within the Religious Ministry. The divergence of opinion concerns the interpretation of the law with a view to determining the status of professional zakat. Nevertheless, it can be demonstrated that the polarization does not impede the implementation and distribution to the intended recipients. The divergence of opinion may be attributed to the contrasting methodologies employed by the various parties to interpret and examine the relevant laws in order to ascertain the legal status of professional zakat.

Features of management decisions in enforcement agencies

The article examines the features of managerial decision-making in such public authorities as enforcement agencies. The author considers management decisions in enforcement agencies from the point of view of the phonomena of their legal status, in particular, as a tool for ensuring the enforcement of an authoritative decision of a judge, judicial authority, other public authority, official in relation to a single legal entity: a citizen, an organization, a public authority. This proves the importance of the role of management decisions in ensuring human and civil rights as the highest value, authoritative publicly significant decisions on the scale of the entire state. Adhering to a broad interpretation of the definitions of the concepts of “public administration”, “act”, the author comes to the conclusion that the management decision — this is a process that requires formalization, and which permeates the entire activity of the enforcement authority, in particular and mainly, illustrating the process of enforcement proceedings, asserts that a management decision accompanies it from the moment of receipt of the enforcement document to its completion, says that as long as the state exists, it will need tools for the enforcement of authority decisions, and therefore in a management decision. According to the author, a legally significant managerial decision of the enforcement body, its official, is based on a triad of conditions on the basis of which it is made: legislative, jurisdictional, competent; it takes the form of a legal act of management, the main of which is a resolution. In addition to resolutions, the author names such forms of management decisions as a request, a bilateral act and others, arguing his position from the point of view of a broad understanding of the term “act”. The author comes to the conclusion that the adoption of a managerial decision in enforcement proceedings is a vivid example of a combination of administrative procedure and specific administrative and jurisdictional proceedings, characteristic only of a bailiff conducting enforcement proceedings, in the unity of conditionally allocated types of administrative procedural activities.

The administrative and legal status of military administrations in Ukraine depending on the order of their creation

The administrative and legal status of military administrations in Ukraine depending on the order of their creation

Improving the system of social protection of self-employed citizens

Subject. This article considers the self-employed as a subject of economic activity, and it discusses the participation of the self-employed population in the system of social and pension insurance. Objectives. This article aims to analyze the development of the pension and social insurance system of the self-employed people. Methods. For the study, we used the general scientific research methods. Results. The article presents an author-developed algorithm of actions of the self-employed in terms of relations with government agencies on registration, taxation and insurance, and it offers certain approaches to the development of the system of voluntary social insurance of the self-employed. Conclusions and Relevance. Based on the analysis of the current regulatory documents, the article concludes that it is necessary to determine the legal status of the self-employed, the list of obligations to pay taxes and fees, and the specification of their social guarantees and rights. The practical application of the results of the study can improve the mechanism of employment management, which is important for the development of Russia as a social State.

A Study on the Legal Status of Collective Goods Transfer Security in China

A Study on the Legal Status of Collective Goods Transfer Security in China

MIGRASI ROHINGYA: TANTANGAN INTEGRASI SOSIAL DAN EKONOMI DI NEGARA PENERIMA

Rohingya migration has become a complex challenge that requires in-depth understanding and a holistic response from various relevant parties. In this context, this article discusses various aspects that influence the social, economic and ecological integration of Rohingya migrants in receiving countries, with a special focus on Indonesia. The research method used is a qualitative approach with descriptive methods to explore the phenomenon of Rohingya migration and the challenges of social and economic integration in receiving countries. The descriptive method was chosen because the focus of this research is to describe and explain complex situations from an in-depth and comprehensive perspective. The data collected in this research is descriptive, including words, images and information from various sources, such as books, scientific journals and previous research that are relevant to the topic under study. The results of this research show that there are several main challenges faced by Rohingya migrants, including limited access to education, health services and employment, as well as social discrimination and stigmatization. Apart from that, unclear legal status, cultural and religious differences, as well as political and humanitarian instability also affect their integration process. In addition, this article also describes the environmental impacts of Rohingya migration and the importance of considering ecological factors in natural resource management and infrastructure development. To address these challenges, cross-sectoral and cross-institutional collaboration is key, with a focus on inclusive approaches, human rights protection and environmental sustainability. Diplomatic efforts are also important in resolving the root causes of the Rohingya crisis in their home country. With strong cooperation and commitment to holistic solutions, Indonesia has the potential to be a leader in responding to the challenges of social, economic and ecological integration in the context of Rohingya migration.

Some Peculiarities of Establishing the Legal Status of Military Volunteers in the EAEU and BRICS Member States

The article deals with the peculiarities of legal regulation in the EAEU and BRICS member countries, enshrining the status of volunteers who joined the armed forces of the state, the procedure and conditions of such participation and participation in armed (military) conflicts on behalf of the state. Aim. The purpose of the article is to study the legal regulation in the EAEU and BRICS member countries defining the status of volunteers who joined the armed forces of the state.Tasks. To characterize and identify the peculiarities of the legal status of persons participating in volunteer formations of the armed forces of the EAEU and BRICS member countries. To consider the new for modern Russia legal regulation that established the status of volunteers participating in a special military operation.Method. In the process of the research the set tasks were solved by the author with the use of general scientific (historical, dialectical, systematic, logical, method of analysis) and legal (comparative-legal, sociological, axiological) methods of research.Results. In most countries, the establishment of the legal status of a volunteer, including social guarantees, depends directly on the country’s involvement in a particular armed conflict or external threats that result in the need for the state to strengthen its military power and, consequently, for persons to volunteer for military service. Armenia and Russia are prime examples of such countries. Over the past two years, Russian legislation has gone a long way towards defining the legal status of volunteers.Conclusions. Analyzing the legal regulation enshrining the legal status of volunteers of the armed forces of the countries under study, it is necessary to note several directions. Thus, in fact, in all BRICS and EAEU member countries considered in the study, the participation of volunteers in the armed forces is regulated by legislation. The only country whose legislation does not provide for the participation of volunteers in the country’s armed forces is the BRICS member country South Africa. In analyzing the legal regulation of the EAEU member countries, it should be noted that the legislation of these countries has similar features. At the same time, the level of provision by the state of this category of citizens varies from its absence, as in India, to the provision by the state to volunteers of all social guarantees and equalization of their status with military personnel, as in China and Russia.

Legal Status on Hazardous Waste Management in VietNam

Legal Status on Hazardous Waste Management in VietNam

Once a refugee, always a refugee? The social construction of refugee status after resettlement

ABSTRACT This paper examines the indelibility of refugee status through perceptions of and experiences with the refugee label. Considering how immigration status can transform from a legal classification into a social category based on racialized assumptions about immigrants, to what extent does the refugee label become a meaningful social category following resettlement? Based on 60 interviews with people resettled in the two contrasting destinations of San Diego, California and Boise, Idaho, this paper interrogates the intransience of the refugee label, which can slip from a legal status to a social category. Findings reveal dual layers to the refugee label: one of self-identification and another of external perception. In Boise, where the majority of the foreign-born came through resettlement, those resettled experience a visibility that makes shedding this label challenging and not within their control. They are forever seen as refugees in the eyes of their new community in the US.

A Policy Analysis of the Temporary Protection Statute for Venezuelans in Colombia: Normalising Exceptionality using Humanitarian Discourses

Abstract The Venezuelan crisis has led to over three million people crossing into Colombia. One strategy to address this situation is the Temporary Protection Statute (TPS), aimed at granting migrants legal status and responsibilities without providing them refugee status. Critics argue that portraying this solution as humanitarian might undermine its role as a protective measure. Additionally, there is a lack of understanding of the TPS as a political tool and the problems it aims to tackle. Using a Post-structural Policy Analysis (PPA), this article unpacks the TPS as a political device and the driving forces behind its development. Through text analysis and qualitative semi-structured interviews, the PPA reveals how the TPS in Colombia can be seen as a multifaceted legal and political tool bridging short-term humanitarian needs (primarily protection, healthcare, and labour market access) and long-term development practices (such as integration through ensuring economic, social, and environmental rights), within a complex political landscape hindering long-term solutions. Its legal text epitomises political drivers and discourses shaping migration governance and international protection. This study also shows PPA’s effectiveness in revealing these political factors and the policy-problem-making justifying the TPS as a solution, and offers case-based insights to enhance comparative migration studies.

A review of the legitimacy of FIFA’s participation in Qatar’s human rights governance

ABSTRACT Respecting and protecting human rights is one of the fundamental principles stipulated in the FIFA Charter. In the case of labour issues in Qatar, there is a legality issue with FIFA’s participation in Qatar’s human rights issues. FIFA has not clarified either its legal status or responsibilities in participating in human rights governance. FIFA claims that its involvement is based on the International Bill of Human Rights and the United Nations Guiding Principles on Business and Human Rights, but neither of these gives FIFA the right to directly intervene in the human rights affairs of other sovereign states. Therefore, it is necessary to review the legal insturments of the human rights sanctions imposed by FIFA in the Qatar case and deduce from various legal documents those activities in which FIFA is entitled to engage, and the role it had played and would play in human rights issues deduced from the FIFA’s practice in Qatar.

Constitutional Court Decree No 90/Puu-XII/2023 Provisions on Age Requirements for Presidential and Vice Presidential Candidates in the Principles of the State of Law and Pancasila Democracy

Purpose: This study aimed to determine whether Constitutional Court Decision Number 90/PUU-XII/2023 concerning the Age Requirements for Presidential and Vice Presidential Candidates is in accordance with the principles of the rule of law and Pancasila democracy. Method: This article was prepared using normative juridical research methods with statutory, case, and conceptual approaches. In this approach, several primary legal materials are used, namely statutory regulations that are relevant to the object of study, especially Constitutional Court Decision Number 90/Puu-XII/2023. In addition, the researcher used a case approach to understand the decidendi ratio, namely the legal reasons used by the judge to arrive at his decision, and a conceptual approach used by the researcher to understand the concept of the rule of law and the democratic principle of Pancasila, which refers to the doctrine that developed in the views of the Ulama or legal doctrine. Results: The results of this research indicate that the procedures or mechanisms for implementing Constitutional Court Number 90/Puu-XII/2023 concerning Age Requirements for Presidential and Vice Presidential Candidates must be in accordance with the procedures regulated in the constitution as a concept of a legal state (rehstsstat) where there is a division of power. From this concept it can be seen that the decision of the Constitutional Court Number 90/Puu-XII/2023 concerning the Age Requirements for Presidential and Vice Presidential Candidates violates authority because the decision is an open legal policy entrusted by the drafters of the third amendment to the Constitution 1945 to the legislators to "... be further regulated by law based on Article 6 paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Problems of the Determination of the Legal Status of Subjects of Social Entrepreneurship

Problems of the Determination of the Legal Status of Subjects of Social Entrepreneurship

Конституционный (уставный) совет субъекта Российской Федерации: модель Татарстана

A significant result of the constitutional reform in the Russian Federation in 2020 is the abolition of constitutional (charter) courts and the emergence of a new institution — constitutional (charter) councils of the subjects of the Russian Federation. The legal status of the latter is quite variable, and there are grounds for identifying several of its models, adopted by the legislation of concrete subjects of the Russian Federation. The article shows the specifics of the constitutional council model that has developed in the Republic of Tatarstan. Based on the analysis of the legislation of this subject of the Russian Federation, it was concluded that the Constitutional Council of Tatarstan is substantive state body that carries out “soft” supervision over compliance with the Constitution of this Republic. At the same time, certain elements of its status require additional regulation.

Coercion in Psychiatry: Exploring the Subjective Experience of Coercion Among Patients in Five Portuguese Psychiatric Departments.

The subjective experience of coercion may have a more significant impact on clinical outcomes than formal coercive measures. This study aimed to investigate the subjective experience of coercion among patients on admission in Portuguese psychiatric departments by assessing their perceived coercion, procedural justice, and negative pressures during admission. The study also investigated whether this subjective experience of coercion changed with time during admission, and the predictors of this change. Validated instruments, including the McArthur Admission Experience Survey (AES) and the Client Assessment of Treatment Scale, were used to collect information from 208 adults admitted to five public psychiatric inpatient departments in rural and urban regions of Portugal. About a third (32.24%, n = 49) of the sample had a legal involuntary admission status, while more than a third of them perceived their admission to be involuntary (40.13%, n = 61). The subjective experience of coercion was significantly higher among people who perceived their admission to be involuntary compared to people who perceived their admission to be voluntary (Median = 10, IQR = 5.5 vs. Median = 3, IQR = 6; p < 0.001). Satisfaction with their care was significantly inversely correlated with the subjective experience of coercion (p < 0.01). The changes in the subjective experience of coercion at the second assessment were predicted by the perceived admission status rather than the legal admission status, and the initial procedural justice (p < 0.05). The study findings highlight the importance of improving procedural justice in psychiatric admissions, regardless of the legal status of admission.