Legal Status Research Articles

Categorical Inequalities and Canadian Attitudes toward Positive and Negative Rights

Abstract Liberal democracies are expected to provide residents with both negative rights, such as limitations against the abuse of police powers, and some range of positive (social) rights, such as access to social benefits. These rights are commonly deemed to apply equally, without respect to individuals’ ascriptive backgrounds. Existing research, often in the US context and focused on social programs, shows both support for abstract rights and group-specific prejudices. We interrogate whether similar patterns exist in Canada and innovate by directly examining negative and positive rights in the same study. Using a series of novel survey experiments, we demonstrate the degree to which categorical inequalities based on race and legal status affect public support for rights provision in Canada. Both rights are more recognized for citizens relative to out-of-status migrants, and legal status at times interacts with racialized minority status. Rights appear far from universal in the minds of Canadians.

Digitalization and Branding of Agung Manunggal Village Owned Enterprises in the New Normal Era

This community service program aims to provide assistance in obtaining the legal entity status of BUMKal Agung Manunggal and provide assistance in the form of training and creation of the BUMKal Agung Manunggal Website. This program has five stages of implementation, Stage 1: Observation to identify problems and potentials that can be developed. Stage 2: Program conceptualization is the stage of developing the program to solve successful problems. Stage 3: Program Implementation, aims to carry out training and assistance related to the status of obtaining a legal entity as evidenced by the existence of a legal entity certificate and digital marketing training. Stage 4: Pre Test and Post Test. The results of this implementation show that after mentoring and managing the legal entity BUMKal Agung Manunggal has the status of a legal entity that has been issued by the Ministry of Law and Human Rights of the Republic of Indonesia through the Ministry of Villages of the Republic of Indonesia. Furthermore, the training program and the creation of the Agung Manunggal BUMKal website provide solutions to the limitations of BUMKal

Practice what you preach: Does the legal status of microfinance institutions matter in gender equality?

AbstractConsidering the importance of promoting gender equality, Microfinance Institutions (MFIs) have emerged to reduce the gender gap by supplying credit opportunities to women. However, the microfinance literature has largely focused on the role of women in the client base while devoting less attention to their representation in the organizational structure of MFIs. This study aims to fill this gap. Using ANOVA and random effects models, our purpose is to investigate which types of MFIs more intensively promote gender equality within their workforce, at any of the organizational ladders. We analyze data from 1222 MFIs across 102 developing countries from 2010 to 2018. Empirical evidence reveals that the presence of females in both the workforce and the client base is significantly lower in commercially motivated MFIs (e.g., banks and other for‐profit institutions) compared to non‐government organizations (NGOs), and —to a lesser extent— credit unions, cooperatives and rural banks. Our results suggest that the microfinance sector would benefit from a stronger emphasis on NGO‐driven initiatives to promote female representation in terms of both employment opportunities and access to credit.

Problematic aspects of the implementation of artificial intelligence in the field of jurisprudence

The article is devoted to highlighting problematic aspects of the implementation of artificial intelligence in the field of jurisprudence, in particular, in certain branches of law. Due to the rapid development of neural network capabilities, artificial intelligence is a tool for quickly completing tasks and processing information in various spheres of society, including in jurisprudence. Therefore, for a comprehensive analysis, it is necessary to identify problem areas for the implementation of such a phenomenon. It is noted that today there is no unified approach to defining the concept of artificial intelligence. The authors provide several definitions of this concept for the most complete understanding of the essence of artificial intelligence. The legislation does not contain a normative legal act dedicated to the issue of the essence and procedure for using artificial intelligence, which gives rise to such dilemmas. Despite the widespread use of artificial intelligence capabilities among citizens, there is a lack of interest, funding and development of educational methods for the effective use of artificial intelligence in professional activities on the part of government authorities. It is also stated that the introduction of artificial intelligence into professional activities requires staffing with specialists who can service the software. The problems of introducing artificial intelligence in the field of legal proceedings are analyzed. The use of artificial intelligence by courts risks undermining the autonomy of courts and the independence of judges. Artificial intelligence is not able to comprehensively evaluate evidence and make decisions based on moral standards. The issues of transparency of courts, guaranteeing fundamental human rights and freedoms, and software reliability remain open. The legal status of artificial intelligence in civil law is considered. Since artificial intelligence is capable of creating a work, questions remain regarding the protection of copyrights using artificial intelligence and legal liability in case of copyright infringement. A debatable and controversial topic is the definition of artificial intelligence as a subject or object in a civil legal relationship. It has been determined that the introduction of artificial intelligence in criminal proceedings can become a factor in increasing cyber attacks on the neural network with the aim of stealing, destroying, and making data public.

The right to freedom of speech: theoretical and legal aspect

The article defines the right to freedom as a vital role in the existence of humanity, as it allows citizens to take an active part in the country's political life and shape public opinion. The author notes that the right to freedom of speech has ancient historical origins. Documents were analyzed in which the principle of freedom of speech was declared, in particular the Great Charter of Freedoms (1215), Bill of Rights (1689), Declaration of Independence (1776), Declaration of the Rights of Man and Citizen (1789), Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966) and other acts. It is emphasized that these documents became the basis for developing the right to freedom of speech in modern democratic countries and provided an opportunity to freely express one's opinions without being persecuted by the authorities. The article pays special attention to domestic regulation of the right to freedom of speech. The author notes that freedom of speech is one of the critical components of human and citizen rights in many legal systems. The theoretical aspect of this issue includes the analysis of different approaches and concepts to understanding the essence and scope of this subjective legal right. Philosophical foundations and legal methods for understanding "freedom of speech” are described. It was determined that the right to freedom of speech is not absolute and may be limited. The work lists the circumstances under which the outlined right may be limited. The author emphasizes that possible restrictions must be legal, necessary in a democratic society, and comply with the principle of proportionality. The article summarizes that freedom of speech is historically an essential human right, which forms the basis of the legal status of an individual. Without it, the functioning of a democratic state is impossible at all. But at the same time, it should be taken into account that freedom of speech is not only a right but also a responsibility that rests on those who use this right. Ensuring its adequate protection requires a combination of international standards, national legislation, and constant adaptation to modern realities.

Judicial precedent in the Romano-Germanic legal family

The article is devoted to the study of the institution of judicial precedent in the Romano- Germanic legal family. It is established that the countries of the Romano-Germanic legal family, unlike the countries of the Anglo-Saxon legal family under the influence of Roman law, in the context of codification of law, have determined for themselves the priority source of law - law, not precedent. However, there is a gradual increase in the role of judicial precedent in continental law countries due to a number of factors that contribute to the intensification of judicial rulemaking. First, in these countries, there are still branches of law that, for various reasons, either do not have legal regulation or are regulated only by general reference rules or framework provisions. For objective reasons, the legislator cannot foresee the entire variety of real-life phenomena. This pushes the courts to adopt legal provisions that can fill in the gaps in the legal regulation of social relations. Secondly, there is a noticeable lag between legislation and dynamically changing social relations, resulting in the formation of large segments of social life regulated by legal acts that have lost their relevance. The current realities, which are largely full of unpredictable events, highlight the need for legal systems to adapt. All of this contributes to the use of judicial precedents, which serve not only as a tool for resolving specific disputes, but also as a means of developing law, allowing to fill existing «gaps in law». In the Romano-Germanic legal family, the real legal force of a judicial precedent is determined not so much by its formal enshrinement in legal acts as by actual life circumstances. Real-life situations, as well as the practical necessity and demand for precedent as a source of law, play a key role in determining its true legal status and legal force. Judicial precedent in continental law countries is becoming increasingly important, becoming an integral element of dynamic and adaptive legal regulation over time, and the rules establishing the generally binding force of precedents and the discretionary powers of authorized bodies are increasingly common in both public and private law in these countries. Judicial precedent in these countries should be considered as a source of law from a practical point of view, focusing on solving problems arising in the process of law enforcement.

Urban agglomerations as forms of cooperation of communities in the post-war reconstruction of Ukraine

The decentralization reform, which is undoubtedly one of the most successful in Ukraine, contributed to the formation and strengthening of the foundations of the functioning of the municipal government in Ukraine, which in the conditions of a full-scale war demonstrated the ability to counter extraordinary challenges, ensuring the functioning of the economy and the livelihood of the population. Local self- government bodies not only made a significant contribution to strengthening the defense capability of the state, but also provided support to communities that were occupied/de-occupied, provided temporary housing and created favorable conditions for the integration of forcibly displaced persons into the community, guaranteed the timely provision of the entire range of services at the community level, etc. The article is devoted to the search for ways to improve the institution of local self- government in the conditions of war and post-war reconstruction of Ukraine, which will speed up the reconstruction of destroyed settlements, lead to the growth of economic indicators and a significant increase in the level of providing services to the population. The author substantiates the need to revise the legislative regulation of issues of cooperation of territorial communities, in particular by creating urban agglomerations as one of the types of cooperation of territorial communities. The practice of functioning of urban agglomerations in foreign countries and the prospects of creating such agglomerations in Ukraine are analyzed. Attention is focused on the efforts of legislative regulation of the functioning of urban agglomerations, the debatability of the norms of the draft laws, which defined urban agglomerations as a separate component of the administrative-territorial system, contained norms that, having established the principle of mutual benefit, essentially legitimized the attempt of large cities to extend the sphere of their influence to adjacent territories, expand the boundaries of own powers at the expense of the powers and resources of neighboring territorial communities. It is proposed to supplement the Law «On the Cooperation of Territorial Communities»; and some other laws with separate regulations determining the legal status of agglomerations, to provide for the formation of the agglomeration council and to include in its sphere of competence consideration of issues affecting the common interests of territorial communities that are part of the agglomeration, and to provide a list of basic powers, which may vary depending on the amount of institutional capacity of the respective agglomeration.

Discursive and photographic representations of migrants in the media: the case of Ceuta and Melilla

ABSTRACT The Spanish autonomous cities of Ceuta and Melilla have long been sites of undocumented migration to Spain. Owing to both anti-immigration attitudes often perpetuated in political discourse and the challenges involved in blocking migration in cities that are geographically separated from Spain’s mainland, this migratory context has been heavily debated in Spain. However, it is critical to examine attitudes towards migrant populations of different legal statuses, and particularly essential to look at widely disseminated discourse such as mass media, which has the power to be impactful in shaping popular opinions. In this study, I analyse such discourse, and examine how migrants are represented in Spanish media. Using critical discourse analysis (Fairclough 2003) and media framing (Littlejohn, Foss, and Oetzel [2021]. “The Medium.” In Theories of Human Communication, 151–154. Waveland Press), this study looks at 100 online news articles published over a 10-year period (2013–2022). Findings indicate that news outlets use both text and photos to dehumanise and criminalise migrant populations.

Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services

The article is devoted to the peculiarities of state regulation in the market of non-banking financial services. At the same time, attention was paid to the creation of a specially authorized state body in the form of the National Commission for Control of the Market of Non-Banking Financial Services. The purpose of the article is to reveal the legal status, the order of formation, and clarify the main principles of the National Commission's activity. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, in particular, the dialectical method (for comprehensive knowledge of the nature of the National Commission for Control over the Market of Non-Banking Financial Services), the formal-legal method (for establishing the content of legal norms), the formal-logical method (for identification of shortcomings in national legal regulation), comparative legal method (for studying the experience of other countries and determining the prospects for implementing their principles of activity in the national legal field). It has been studied that the special status of the commission is that it ensures the stability of the entire non-banking financial system of Ukraine, establishing the requirements that such institutions must meet, namely requirements for: liquidity, solvency, capital, asset quality, risk level of operations, profitability. The work examines the relationship between the commission and the National Bank of Ukraine, their cooperation in the market, which consists in the development of regulatory and legal acts and their approval. The need for the National Bank of Ukraine to delegate its powers to the National Commission for Control of Non-Banking Financial Services in relation to: registration of market participants, licensing of non-bank financial institutions, determining the procedure for issuing and canceling a license, approving the terms of operation of such institutions. In view of this, a new model of state regulation on the market of non-banking financial services was proposed in the form of concentration of all control functions on the market in a single operationally independent regulator - the National Commission for Control of Non-Banking Financial Services, which is in close cooperation with the National Bank of Ukraine and by the National Securities and Stock Market Commission. Also, the article emphasizes that regulation by the National Commission for Control of the Market of Non-Banking Financial Services should be complemented by a system of self-regulating participants in the market, which are an additional tool to state regulation.

Examining Latina IPV Survivors’ Help-Seeking Experiences: Unmet Needs and Lack of Culturally Competent Services

The current study examines the help-seeking experience of Latina intimate partner violence (IPV) survivors. By relying on data from a statewide IPV service needs assessment, this study answers the following research questions: (RQ1) What is the experience of seeking help from an IPV service agency like for Latina survivors? (RQ2) What are the most prevalent unmet needs among Latina survivors seeking help from an IPV service agency? Based on various rounds of thematic analysis, findings reveal there is a lack of culturally competent services and that housing, language barriers, and legal status are all interrelated factors that serve as a triple disadvantage for Latina IPV survivors.

Modern Challenges of Adjusting the Effectiveness of the Application of Laws (on the Example of Tax and Legal Regulation)

The relevance of the research topic is determined by the current state of social relations. It is notedthat the analysis of modern social relations cannot be carried out outside the boundaries of significantchallenges that require not only their understanding, but also consideration in the relevant reform measures.The most important challenges today are the following: Russia's war with Ukraine; European integrationprocesses that characterize modern trends in Ukrainian development; digitization of all aspects of public life.Given the problems associated with this, the article defines both objective reasons that affect tax relations, aswell as requirements that are subjective in nature.The purpose of the article is to highlight problematic aspects of the state of modern legal regulation.Attention is focused on the fact that war, European integration and digitalization are among the mostinfluential factors in this aspect. It is clear that they cannot fail to influence the traditional legal means thatguarantee the effectiveness of tax legislation. These aspects are the subject of analysis.Traditional methods of scientific knowledge are used in the research, thanks to which a systematicidea is formed about the reasons for adjusting legal means of influence on tax relations. The characteristicsof the influence of martial law on tax regulation are carried out depending on the stages. The beginning ofthe first is associated with 2014, while the second - with 2022. Despite common features (narrowing of theterritories where Ukrainian jurisdiction exists, reduction of the tax base and tax-paying taxpayers, etc.),differences in the content of these stages have been singled out. European integration processes, whichreflect the movement of Ukraine towards the European community, provide for the adjustment of the natureand content of tax legislation in the following directions: a) adaptation of the current tax legislation ofUkraine to European requirements; b) consideration of European prescriptions at the stage of developmentof zocono projects; c) achieving a balance of acts of the national legislation system.Three areas of relations, which most fundamentally affect the legal status of tax regulation, havebeen studied. The prospects of tax changes depending on the state of war, the prospects of the impact ofharmonization of EU legislation and national legislation, the need to take into account the processes ofdigitalization of tax relations are considered.On the basis of the conducted research, conclusions were made and recommendations were maderegarding the harmonization of the prescriptions of both exclusively tax norms and tax norms on the borderwith other industry regulations. Adjustment of the current set of legislative norms determines the importanceof a systematic approach to the turnover of virtual assets. The formation of a generalized, systematicapproach to these relations is fundamentally important. In order to achieve such a state, it is very importantto supplement the private law means of regulating the circulation of virtual assets with effective tools ofpublic and legal influence (taxation, supervision, public control). The study analyzes the substantive factorsof the regulation of such relations proposed by the two draft laws.

Effects of Mebyakaonan Marriage Law in the Perspective of Balinese Customary Law: Study on Balinese Community, Rantau Jaya Village, Ilir District, Putra Rumbia, Central Lampung Regency

Marriage is the outward and inner bond between a man and a woman as husband and wife to continue their lineage. Marriage in Balinese customs is called pawiwahan. Pawiwahan is a sacred thing in the process of human life from the status of brahmacari to the time of grhasta. Mebyakaon marriage is marriage under the hand. The problem in this study is why mebyakaon marriage is taken by the parties to form a marriage and the legal consequences of mebyakaon marriage on their marital status in the community and the status of children born from this marriage in Rantau Jaya Ilir Village, Putra Rumbia District, Central Lampung Regency. This research is normative-empirical legal research with a descriptive research type. The problem approach used sociological juridical approach with data sources is primary data and secondary data. Data collection techniques with literature studies and field studies are interviews with informants and respondents who carry out marriage mebyakaon. Data analysis is qualitative analysis. The results of research and discussion show that the reason for the marriage is caused by several factors, namely economic factors, educational factors, mutual demen, parental desire factors, and the factor of men who are still legally married to other women. The marital status of mebyakaon is not the same as traditional Balinese marriage in general, what distinguishes it from mebyakaon marriage is that it lies in a traditional procession that has not been carried out completely. Based on the decisions and decrees of Parisadha Hindu Dharma Indonesia (PHDI), the validity of marriage is determined on condition that Tri Upasaksi. The legal position of mebyakaon marriage does not have a strong binding force so that this marriage may not have the same legal status as traditional Balinese married couples in general. Similarly, the legal consequences of marriage will be different. Couples who perform mebyakaon marriage may not enter the temple and participate in the massacre in the village because mebyakaon marriage is valid according to the parties only but, according to Balinese customary law this marriage is invalid and children born from mebyakaon marriage are extramarital children (anak astra) and marital property in mebyakaon marriage There is no legal certainty and there is no mixing of property between husband and wife.

Introduction: Border Politics and Refugee Narratives in Contemporary Literature

Refugeehood—whether triggered by religious intolerance, ethnic strife, political repression, war, or environmental factors—has been a constant throughout human history, but it was not until the twentieth century that refugees were endowed with legal status on an international level [...]

The eviction room: How Carolina Maria de Jesus can help us analyze migration, segregation, and the politics of citizenship in the city

In this paper, I propose the “eviction room” as an analytical frame for the linked struggles of citizens and noncitizens living at the urban margins. The metaphor of the eviction room was coined by Carolina Maria de Jesus, a late Black Brazilian writer and favela dweller. De Jesus sees the city as a house: the city center is its luxurious living room; the favela, its eviction room, a precarious space to which the racialized urban poor are pushed like disposable objects. Expanding on this metaphor, we can think of those segregated and stigmatized in a city’s eviction rooms as not only physically but also politically cast out. Regardless of their legal citizenship status, eviction room dwellers are constructed as the immanent others of the “good citizens” inhabiting the city’s living rooms. Segregated in space, their presence is transient in time given their “evictability.” While the frame of the eviction room can help us make sense of the urban marginalization of both citizens and noncitizens, it assumes neither their social homogeneity nor a united “politics of the evicted.” I expand on possible strategies within such politics, as well as on the spatial and temporal dimensions of the city as a house with an ever-shifting plan. The eviction room advances a research agenda centered on migration, residential segregation, and the politics of citizenship relevant to urban contexts across the global south and north.

Claiming Indigeneity in Europe: Livonian activism for language protection

ABSTRACT This article addresses the impact of international law in the fields of intangible cultural heritage safeguarding and the protection of the rights of Indigenous peoples on national legislative and policymaking processes related to the legal status of the Livonian language and the Livonian people in Latvia. As argued in this article, recent international law developments and purposeful claims of Indigeneity have served as an efficient argument used through Livonian activism at the national level to strengthen their language protection and to gain increased policy support for the practice and continuity of Livonian language and culture.

The Legal Status of Digital Service Providers in the National Cybersecurity System

The Legal Status of Digital Service Providers in the National Cybersecurity System

Review of history and mechanisms of action of lactulose (4-O-β-D-Galactopyranosyl-β-D-fructofuranose): present and future applications in food

AbstractLactulose is a synthetic disaccharide composed of galactose and fructose. Literature review of history, legal status and possible food applications of lactulose in functional foods, such as confectionery and beverages. In the colon, lactulose is fermented by the microbiota and acts as a selective modulator of bacterial growth, promoting the growth of Lactobacilli and Bifidobacteria. It generates organic acids, such as short-chain fatty acids and lactic acid, which lower the pH of the colon and act as an osmotic laxative. Lactulose was first used in 1957 as an ingredient in an infant formula. Later it was registered as a prescription drug and banned for food use in many countries. In 2012, lactulose received an EU (European union) health claim “contributes to acceleration of intestinal transit”. It can be used in food and food supplements across all age groups, from infants to the elderly. Lactulose has favourable technological properties, such as sweetness of 48–62% sucrose without an aftertaste, high solubility, low cariogenic potential and stability. Lactulose gummy candy, without added sweeteners, has an overall likability comparable to classic sucrose/glucose-based candy. With more than 60 years of safe use in infant, child, adult and elderly population, lactulose is an ideal ingredient for prebiotic functional food. Its technological properties allow for development of functional candy and beverages almost indistinguishable from those made from sucrose.

“The Law is too Grey”: Liminal Legality and Moral Injury in Encounters with Drug Law Enforcement

Overdose mortality and the legitimacy crisis facing policing have propelled momentum for drug law reform. Yet, resulting reforms and associated protections are often functionally undermined by enforcement practices and the legal environment faced by people who use drugs. To explore this tension, we conducted a community-based study in Ontario, Canada. Our findings show that people's experiences of policing at overdose events reflect a legal regime characterized by their ambiguous legal status and uncertain protections. We argue that the resulting state of liminal legality is enacted in large part through police discretion and the uneven distribution of enforcement practices across spaces and populations; individuals compensate for this legal environment by mobilizing their knowledge of legal risks. Together, these expressions of law and drug enforcement generate substantial moral injury among people who use drugs.

The long‐run effects of temporary protection from deportation

AbstractThis paper estimates the effect of Temporary Protected Status (TPS), a temporary legalization policy, on the incomes and property ownership of Salvadoran recipients over 20 years. We compare likely undocumented Salvadoran immigrants eligible for TPS to a control group of likely undocumented immigrants ineligible for TPS in an event study design that allows us to observe the policy's effects over 2 decades. We find that earnings, homeownership, and use of a car increased considerably for at least 15 years following the granting of TPS. This suggests that even temporary and limited legal status can have substantial and sustained benefits for recipients.

Stored collections of museums: an overview of how visible storage makes them accessible

Purpose This study aims to provide an overview of the dimension of stored collections displayed in visible storage and to indicate the main factors which hinder their accessibility. Design/methodology/approach This study is based on quantitative analysis: a survey was conducted through the offices of International Council of Museums and direct invitations to 2,558 museums located worldwide. Findings The study estimated 32% on average the share of stored collections displayed in visible storage. The analysis provides a picture of how many stored items are made accessible in visible storage across the continents, according to the collection’s type and size and the museums’ legal status. In addition, several aspects of visible storage are investigated to highlight whether or not it truly enables museums to achieve accessibility of their stored collections and which factors might hinder the accessibility. Amid them, the foremost factors involve the inadequacy of resources, such as the lack of staff (71%) and poor budget (68%). Because of it, museums are prone to setting up offsite storage (37%), often 16 km far from the city centre, thereby questioning the concept of accessibility itself. Research limitations/implications One major limitation of this study is that it does not consider people’s standpoints. Therefore, the author recommends that future studies focus on what people opine on visible storage, such as their appreciation of the display format, the behind-the-scenes, their need for interpretation and the degree of satisfaction with their information needs, as well as their perception of the size of stored collections. Practical implications These findings suggest that museums could take action in areas whereby the data demonstrated weaknesses in terms of accessibility. For instance, museums could set up a shuttle service or arrange public transportation service to allow people to visit offsite storage. Additionally, financial accessibility might be achieved by not charging some groups (elderly, students, etc.). Social implications The topic of stored collections and their accessibility has crucial social implications because not displaying collections triggers inequality amid social groups of excluded people and a small elite. Originality/value This study focuses on visible storage as a possible solution to enhance the accessibility of collections and indicates to what extent visible storage provides this accessibility. On the contrary, previous research did not estimate how much visible storage impacts the accessibility of stored collections.