Legal Status Of Individuals Research Articles

JINOYAT ISHLARINI TERGOV QILISHDA MUTAXASSISNING PROTSESSUAL MAQOMI

"bstract. This article reveals the concepts of legal status, legal status of individuals, legal capacity, and legal status of a specialist as a participant in criminal proceedings, as well as the legal status of a specialist in the process of identification, detection, and recording. Differences in legal status, seizure of evidence, and examination of collected evidence by a specialist and an expert in criminal proceedings are scientifically analyzed. The use of special knowledge to achieve justice, their role in the process of proof, methods of effective use in the fight against crime, the need to improve legal mechanisms in this regard, investigative actions that can be entrusted to specialists, and subjects with compatible legal capacity and capacity in criminal proceedings are also considered. In criminal procedural relations, how the legal status of an expert is realized, the procedure for attracting experts, problems that arise when experts perform their duties, their solutions, and regulatory mechanisms are also considered. Some theoretical and practical problems of collecting, recording, and researching evidence relating to the legal status of a specialist were also discussed. Scientific, theoretical, and practical recommendations and theoretical definitions were given regarding the legal status of a specialist in criminal proceedings. "

Правова ідентичність: структурування смислового простору

The article substantiates the proposition about the expediency of considering legal identity as a special form of social identity and reveals its essence as a legal category. It was determined that legal identity is determined primarily by individual character, because it is an individual quality of a natural person, which consists in mutual understanding between this person and society, provides the possibility of optimal realization of subjective legal rights and contributes to the prompt implementation of subjective legal obligations, is the basis development of individual legal status and serves as a moral and psychological determinant of the nature of legal behavior of the subject of law. It is emphasized that legal identity is a dynamic category that transforms in the process of legal socialization. The identity of a person in the scientific discourse is mostly interpreted as a dynamic, integral cognitive-motivational formation, and therefore it is a system of defining social constructs of the subject, which is constructed (formed) during life as a result of interaction, social comparison and active construction of social reality. Accordingly, legal identity has a dynamic character, contains a motivational component, is a system of social constructions of an individual as a legal subject and is formed in the process of social and legal interaction of similar and different legal subjects, reflects a moral and psychological comparison of oneself with the surrounding legal reality and is a factor that affects the legal matter of a certain society. Legal identity has an unstable nature and is transformed in the process of legal socialization of a person. Social and legal realities of a person cause changes in his personality, and the increase or, conversely, decrease in the value of law at a certain stage of a person's life is reflected in his essence.

Dignitatis Humanae and Human Rights in Philosophical and Legal Existence and in Contemporary Constitutionalism: Division and Reunification

The article analyzes the concept of “human dignity” in the context of philosophical and legal existence; scientific and philosophical identification of dignity as a polysemantic concept allows us to state its universal value and consider it as a universal legal and ethical category. The research work reveals the views of modern philosophers and lawyers on the nature and role of dignity in relation to human rights. The aim is to study the philosophical foundations and legal aspects of human dignity, to highlight the conceptual foundations of dialogue and the co-existence of human dignity and human rights in modern philosophical and legal discussions. The polysemy and polymorphism of human dignity is combined with a wealth of concepts of dignity, especially in modern constitutional jurisprudence and the practice of constitutionalism, and a unified theoretical basis for the relationship between individual dignity and human rights. The author used general and specific research methods, including methods of dialectics, inductive-deductive analysis, legal hermeneutics and legal engineering and a discursive approach, critical rationalism, and legal realism. Conclusions: dignity as a philosophical and legal category in modern discussions has several of the most important hypostases, reflecting the fundamental categorical meaning: a) the category of ethics and humanistic understanding of man; b) a legal category with a significant variety of legal forms of consolidation at the international, supranational and domestic levels, in the branches of legal regulation; c) a historically changeable category, affecting both the evolution of ethics and law, the legal status of individuals. The article proposes four approaches to the relationship between human rights and human dignity, which are based on four concepts of human dignity: 1) dignity as a gift and heritage; 2) dignity as a social achievement and social honor; 3) dignity as human capacity; 4) dignity as human potential.

When fear spreads: individual- and group-level predictors of deportation worry among Latino immigrants

ABSTRACT What shapes Latino immigrants’ worries surrounding deportation? Using five waves of the Latino National Survey, we examine this question by considering immigrants’ own legal status, their social background and the legal vulnerability of their national origin group. We find that while individual legal vulnerability heightens deportation worries, social and group markers also have independent and intersecting associations with immigrants’ worries. Disadvantaged social traits such as lack of English language proficiency and lower levels of education are associated with higher rates of deportation anxiety regardless of legal status, while also differentially shaping the effects of legal status. In addition, while all national origin groups are likely to report worrying about deportation, immigrants from national origin groups at greater risk of deportation tend to worry more, regardless of individual legal status. Finally, decomposition analysis suggests that individual legal status does not have greater explanatory power over deportation fears than social markers or group-level legal vulnerability. Even while being undocumented remains significant in shaping deportation fears, these fears vary widely and systematically within and across legal and social categories.

Consumers of financial services: features of the legal status in the conditions of financial inclusion

The urgency of the study is due to the reform of the national legislation in the context of institutional transformation of the financial services market. The purpose of the study is to develop a scientific basis for legislative changes aimed at optimizing the legal status of individuals as consumers of financial services. The methodological basis of the study consists of general scientific and special legal methods, in particular, dialectical, statistical, comparative law, formal law, methods of sociological research, analysis and synthesis. The general principles of realization of such strategic direction of development of the market of financial services as financial inclusion and its influence on formation of legal requirements to the person of the consumer of such service are investigated in the article. The particular interest are scientific positions, legislative novelties on the definition of the scope of persons who have the status of consumers of financial services. The peculiarities of the acquisition of such status by minors and young persons, as well as the second spouse or a third party in the obligation are clarified. On the basis of the conducted research the corresponding conclusions are formulated.

Zasada proporcjonalności a prawo administracyjne – zagadnienia wybrane

Przedmiot badań: Przedmiotem badań jest zasada proporcjonalności – współmierności środka i celu – i jej doniosłość w obszarze prawa administracyjnego. Jest to najrozleglejsza gałąź prawa. Przepisy tego prawa ingerują nieustannie w życie wspólnot społecznych i jednostek. Prawo administracyjne ma pełnić funkcję publiczną ukierunkowaną na dobro wspólne właściwie wyważone z innymi prawnie chronionymi dobrami. Jego regulacje mają m.in. przeciwdziałać antynomii i konfliktom interesów przy zastosowaniu optymalnych środków prawnych do osiągnięcia celu prawa.
 Cel badawczy: Celem opracowania jest ukazanie źródeł, pojęcia, istoty i znaczenia wielowymiarowej zasady proporcjonalności oraz zestawienie jej z rolą i z cechami prawa administracyjnego. W artykule podjęto próbę wskazania sytuacji i przyczyn potwierdzających, że współmierność środka prawnego do osiągnięcia wyznaczonego prawnie celu nabiera szczególnego znaczenia w przepisach prawa administracyjnego regulujących zwłaszcza status prawny jednostek.
 Metoda badawcza: W artykule wykorzystano głównie metodę teoretyczno-prawną i dogmatyczno-prawną. Uwzględniono dorobek doktryny i judykatury.
 Wyniki: Przeprowadzona analiza potwierdziła duże znaczenie zasady proporcjonalności w prawie administracyjnym. Wynika to zwłaszcza ze specyfiki tego prawa. Prawo administracyjne i zasada proporcjonalności mają służyć jednostkom i chronić je przed arbitralnością i nadmierną ingerencją władzy publicznej. Nakaz przestrzegania zasady proporcjonalności wynika wprost z przepisów prawa bądź też jest z nich wyprowadzany. Poszanowanie tej zasady jest jednym z warunków stworzenia regulacji prawnej adekwatnej do potrzeb społecznych, służącej dobru i słuszności. Jej respektowanie wpływa też na wzrost autorytetu prawa oraz pogłębianie zaufania do jego przepisów.

Minimum standards and essential needs in the protection of Syrian refugees in Turkey

UNHCR Executive Committee resolutions had recognized the rights of refugees and asylum seekers in mass influx and many bilateral international conventions, treaties, and agreements. The following rights have also emerged within UNHCR Executive Committee decisions, international human rights law, and international law. The significant central rights and the principle of law towards refugee and asylum seekers which are considered as the minimum standards are: 1) non-refoulement principles, 2) right to life, 3) right to protection from torture and cruel, inhuman, or degrading treatment or punishment, 4) provision of an individual legal status, 5) right to asylum, 6) prohibition of discrimination, 7) right to liberty and security of person, 8) freedom of residence and movement, 9) family reunification, 10) right to an adequate standard of living, and 11) right to adequate housing. Until September 2020, Turkey had been a host country for 3,621,968 Syrian refugees1 who are located in eighty-one cities. Turkey applies the family reunification policy towards the refugees. However, because of the large number of Syrians, Turkish authorities struggle with providing adequate living and housing standards. Thus, the article will elaborate on the most crucial elements from the humanitarian point of view, that is family reunification, right to an adequate standard of living, and right to acceptable housing standards applied towards the Syrian refugees in Turkey in virtue of the Constitution of the Republic of Turkey (1982), Law on Foreigners and International Protection No. 6458 of 2013, and Temporary Protection Regulation (2014).

A level playing field for migrant entrepreneurs? The legal and policy landscape across EU and OECD countries

AbstractMigrant entrepreneurship has been recognized as a form of integration in the country of destination and a viable alternative of decent and sustainable employment for migrants. Laws and policies can create barriers or support migrants who start a business in the country of destination. Despite their importance, these laws and policies have received scant attention from academic scholarship. By applying the mixed embedded approach, this article analyses the institutional and policy framework for migrant entrepreneurs in European Union (EU) and Organisation for Economic Cooperation and Development (OECD) countries, and how this framework varies according to the migrants’ individual legal status and gender. In order to do so, this article draws upon the findings of two different studies conducted on the topic. The first one analyses the national institutional framework for migrant entrepreneurs of these countries. The second study consists of a review of measures to foster migrant entrepreneurship in the same sample of countries. On the one hand, this article shows that the institutional framework restricts access to self‐employment for some categories of migrants (e.g. based on their legal status). On the other hand, a wide range of measures are now available to support migrant entrepreneurs. However, these measures treat them as a rather homogeneous group. These findings suggest that the fact that some migrants are less engaged in self‐employment or face more difficulties may be explained by the lack of institutional opportunities and policy support.

LEGAL GUARANTEES ON PUBLIC CONTROL

Public control is an important mechanism for influencing upon public authorities. Its effectiveness ensures social participation within public administration indeed. The effectiveness of public control depends on the quality of its legal regulation and, in particular, upon perfection of mechanisms for public control. Numerous shortcomings of the existing mechanisms for exercising public control are primarily considered due to the legal uncertainty of the guarantees on public control. After all, the guarantees on public control ensure proper functioning of the institution of public control and the effective implementation of the legal status of individuals in the field of public control and the entire social sphere in general. Without their comprehensive analysis, including clarification of its legal nature and essence, it is impossible to build, describe in detail and consolidate legislatively the system of guarantees on public control. Within the frame of the study it has been found that the legal nature of the guarantees on public control and the specifications of their essence largely depend upon the kind of content that is embedded into the concept of the law. The author also believes that the most accurate way to reveal the nature of legal guarantees seems possible with the help of instrumental theory of law, namely being the key concept of “legal means”. In this article the emphasis is stressed onto one of the main reasons for the existence of controversial points and differences in the understanding of legal guarantees, including public control, where there is the ambiguity for the basic category, i. e. “guarantee”. The article also formulates definitions of legal guarantees in the most general sense, as well as from the standpoint of instrumental theory of law. As a result, the author’s understanding of legal guarantees on public control has been introduced.

ON THE BASIC SOCIAL RIGHTS OF SELF-EMPLOYED PERSONS

The relevance of the article is that the legal status of individuals is a complex legal phenomenon, which for many years has caused intense scientific debate in domestic and foreign legal circles. Rights as one of the elements of legal status – the opportunities that according to current legislation belong to this category of persons – is one of the important aspects in the process of disclosing the issue of social security of self-employed persons in Ukraine. In general, social human rights are a special group of rights – their implementation and enforcement are associated with the establishment of harmonization between the state and society. Man’s realization of these rights ensures his full existence in society. The purpose of the article is to establish the basic social rights of self-employed persons. The relevance of the article is that the legal status of individuals is a complex legal phenomenon, which for many years has caused intense scientific debate in domestic and foreign legal circles. Rights as one of the elements of legal status – the opportunities that according to current legislation belong to this category of persons – is one of the important aspects in the process of disclosing the issue of social security of self-employed persons in Ukraine. In general, social human rights are a special group of rights – their implementation and enforcement are associated with the establishment of harmonization between the state and society. Man’s realization of these rights ensures his full existence in society. The purpose of the article is to establish the basic social rights of self-employed persons. The article analyzes the concept of “social rights”, which is closely related to such as “social protection” and “social law”. The article stipulates that self-employed persons can simultaneously act as subjects-recipients of social security and those persons who actually provide this security. It is concluded that the subjective rights of self-employed persons in the field of social security in general should be noted: the right to demand the provision of one or another type of security (pension, benefits, compensation, social services, benefits) in the statutory amount and in the prescribed manner, and also implementation by the obligated subject of other actions for the purpose of realization by the citizen of all opportunities provided to it by the law. Individual entrepreneurs who act as employers in the field of socially secure relations have the right to: provide additional material compensation, freely dispose of various social funds of the enterprise, and so on. However, if self-employed people can decide on support measures according to their own wishes and abilities, they also need to pay attention to the legal obligations of social security workers in the process of work. Such responsibilities include: insurance premiums, including – on compulsory national pension insurance, the obligation to provide relevant information (on dismissed employees; on the state of labor protection of enterprises, institutions, organizations), etc.

Actors of administrative and legal support of service and combat activity of the National Guard of Ukraine in peacetime

Based on the analysis of the current legislation governing public relations in the security and de-fense sector of the state, the article considers the subjects of administrative and legal support of service and combat activities of the National Guard of Ukraine in peacetime. It is emphasized that the administrative and legal status of the National Guard of Ukraine changes depending on the introduction of a certain administrative and legal regime, which provides for a change in the legal status of individuals (restrictions on rights and freedoms) and legal entities, increasing the powers of officials of the National Guard of Ukraine. specifically established by law legal conditions.

The Features of Procedural and Non-Procedural Forms of the Counsel’s Activity and Their Differentiation

Introduction: the proper disclosure of the legal status of the counsel is impossible without investigating the legal nature of the procedural and non-procedural forms of his activities, in particular, in the context of their differentiation. This distinction allows not only finding out the specifics of the legal status of the counsel when providing legal assistance in a particular type of procedural proceedings, but also separating the status of the counsel from the status of other persons who are entitled to provide legal services. The purpose of the paper is to reveal the essence of the procedural and non-procedural forms of the counsel’s activity in the aspect of his providing legal assistance. The main author’s tasks are: to reveal the essence of the classification of the legal status of an individual by nature (content) in the context of its impact on the status of the counsel; to analyze the legal nature of the procedural and non-procedural forms of the counsel’s activity; to establish the practical value in differentiating such forms of the lawyer’s activity and to find out the relationship between them. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which the main ones are the dialectical method, the method of system analysis and synthesis. Results: the paper indicates the existence of a general (constitutional), professional and individual legal status of the counsel, which is characterized by the possibility of distinguishing the procedural and non-procedural forms of the counsel’s activity. Conclusions: the author argues for the position that the individual status of the counsel is characterized by the possibility of distinguishing the procedural and non-procedural forms of the counsel’s activity when providing legal assistance by him. At the same time, regardless of whether the counsel implements the procedural or non-procedural form of his activity, he retains the professional status of the counsel, and such a person should be properly referred to as the defense counsel, representative counsel, or the term “counsel”, for example, when providing legal assistance to a witness.

The Horizontal Application of the General Principles of EU Law: Nothing Less than Direct Effect

This chapter discusses the Court of Justice case law on horizontal application of the general principles of EU law since the Mangold judgment. It argues that, whilst the disapplication of national law in contrast with an EU general principle initially seemed to be premised on primacy only, the horizontal direct effect rationale has progressively emerged. The chapter therefore reflects on the constitutional implications of this evolutionary process on the legal status of individuals in today’s Union and on the relationships between the general principles of EU law and other EU law sources.

To the Question of the Classification Patterns of Social Stratification in the Countries of the World (Brief Overview of Some Concepts and Author’s Comment)

The author considers the problems of typification of society. Some concepts of typification of social stratification models in different countries formulated and justified in historical and legal, historical, sociological, and economic scientific literature are reviewed. The circumstances that make it difficult to formulate universal concepts designed for application in the complex of social Sciences are identified. These circumstances include insufficient consideration of legal factors, including the position of the legislator, the specifics of the corporate legal status, and the characteristics of the mechanism for changing individual legal status. The author offers a variant of classification of society types from the point of view of legal registration of their structure. The possibility of distinguishing types such as consolidated companies and segmented companies is justified.

Forensic examination as a source of evidence in a separate proceedings

Modern judicial practice indicates how important, in the quality of cases, is forensic examination, which with its special methods, tools and techniques contributes to the solution of judicial problems. An expert opinion plays a significant role in the process of proving in separate proceedings, when the question of the obligatory application of special knowledge arises. The article deals with study of forensic science as a source of evidence in a particular proceeding, as well as highlighting the clear difference between individual and other types of proceedings in civil proceedings, forming an opinion on the active role of the court in resolving cases in a particular proceeding. on the problem of interpretation by courts of norms of the national legislation at application of such means of proof as the expert’s conclusion. Analysis of scholars’ opinions, national case law, ECtHR documents, current legislation and regu-lations governing the appointment of forensic examination, shows that, in addition to the general rules of the institution of evidence and proof, in cases of separate proceedings, the court may take into account all by law means of proof. The expert's opinion is admissible, sufficient, reliable and categorical evidence in cases concerning changes in the legal status of individuals; establishing facts that are legally significant for the realization of rights and interests in family and other legal relations (for example, establishing the zygote of twins as a result of merging male and female gametes, establishing kinship (kinship) through molecular genetic examination).

Features Of Fundamental Rights In The Context Of The Philosophy Of Law

The article explores the notion and peculiarities of fundamental rights of the individual in the modern, legal state. In the given research the author implements versatile, holistic, systematical (methodical) analysis of content and distinguishing features of the structural element of the concept “legal status of the individual”. Therefore, the theoretical and practical research of problems of development of fundamental human rights, gives an opportunity to find new solutions in protections of relations concerning the individual's legal status. This study is also focusing on various approaches of well-known jurists on the essence, content and legislative consolidation of the fundamental rights of the individual. Summering up the results of explored issues, we concluded, that in recent decades, the philosophy of law (with the theory of state and law) took under its active protection and guardianship man with his rights, freedoms and legitimate interests, and which have ceased to be the subject of national legislation’s regulation, and moved to the international legal platform. Consequently, the government is obligated to guarantee the fundamental human rights and freedoms. Hence, theoretical, methodological and practical analyze of problems of the individual's legal status and elaboration of suggestions concerning enhancement of national legislation, is one of the most actual problems of jurisprudence.

ПРАВОВОЕ ПОЛОЖЕНИЕ ГРАЖДАН КАК СУБЪЕКТОВ УПРАВЛЕНИЯ СОЦИАЛЬНЫМИ РИСКАМИ

Introduction: the article analyzes current legislation of Russia and some foreign countries as well as the views of Russian and foreign scholars on the legal status of individuals as subjects of the social security legal relations in the context of the social risk management (SRM) conceptual framework. Purpose and objectives: based on the modern ideas of social risks, to study the status of individuals as actors within the SRM system having specific rights and responsibilities. Methods: analysis and synthesis of scientific and legal information, historical and comparative methods. Results: today social security is considered a vital part of the SRM system. Having analyzed the specific features and dynamics of social risks, the authors conclude that to some considerable degree these risks are subjective in nature, which should determine a more active role of individuals. The article analyzes not only the legal personality of individuals in the social security legal relations but also – in a broader context – their agency in the SRM system. The authors provide examples of legislative regulation in some foreign countries: the French Republic, the Grand Duchy of Luxembourg, the United States of America. Different models of the individuals’ participation in the SRM system are presented. Based on the extent of different SRM subjects’ involvement and the distribution of the responsibility for the protection against social risks among them, the authors identify paternalistic, market-based (liberal), mixed (complex), and transitional models. Based on the extent of the individual’s interest in the protection against social risks and their readiness for taking actions in this sphere, the authors distinguish active and passive SRM models (with the latter one including indifferent and parasitical models). Conclusions: the paper offers a new approach to the understanding of social risks and protection against these (including through social security), and also to the role of individuals as subjects of social risk management.

The Problems of Defining the Legal Status of Individuals Involved in a Civil Proceedings’ Case

The Problems of Defining the Legal Status of Individuals Involved in a Civil Proceedings’ Case

LEGAL STATUS OF THE PERSONS DURING THE WARS THAT WERE FOUGHT BY THE STATES OF THE ANCIENT EAST

The article gives a historical and legal review of the problems of the legal status of individuals, both combatants and non-combatants, during the wars that were fought between the states of the East in antiquity. The general and specific approaches in relation to various ancient Eastern peoples to the civilian population and prisoners are analyzed. It turned out that already at that time the foundations were laid for the formation of the basic principles of international humanitarian law in the future. Attention is drawn to the fact that, without knowing the rights of the human person, the ancient peoples could not know the rights of war in the sense that we understand it now. The war then was an unlimited use of force and the defeated, if sometimes they could hope for the magnanimity of the victor, except in the sense that they sometimes survived. It is noted that in practice there was no difference between the status of the warring and civilian population at that time. Every resident of a hostile state, without regard to gender and age, could be killed, enslaved, subjected to various bullying and torture. Also it was noted that a wide variety of violence was used against enemies - both combatants and non-combatants. Against the enemy in ancient times it was allowed to use any weapon, any means, even treacherous ones, which were capable of harming him. None of the adversaries, either wounded or sick, or surrendered, could not avoid being deprived of liberty at best and turned into a living commodity or free labor, and in the worst, die the death of martyrs. Nowhere in the Ancient East, with the exception of India, do we find examples of a humane attitude to the human person, the desire to introduce at least some humanitarian restrictions into the military sphere. But nevertheless, already in the ancient era, sprouts of processes of laying the foundations for the formation of further basic principles of international humanitarian law, based on moral principles - humanism, compassion and mercy, which were interpreted taking into account the conditions of the war, arose.

Legal status of individuals in private international law of the Republic of Moldova within the framework of the updated civil code

Legal status of individuals in private international law of the Republic of Moldova within the framework of the updated civil code