Socio-legal Status Research Articles

Достоинство личности как конституционная ценность: концепция, практика, техника

The construction of the dignity of the individual is considered in the context of the cyclical politogenesis of the Russian state-legal system. Based on a comparative analysis of the concepts of ‘‘man’’, ‘‘citizen’’, ‘‘personality’’ in the Russian language and the domestic political and legal tradition, a hypothesis of the semantic transformation of these categories in the context of cultural and historical discreteness is put forward. It is noted that the current Constitution of the Russian Federation presents both normative and natural-legal types of legal understanding, which allows us to talk about the dual nature of personal dignity, including both natural (personal self-respect) and positive (respect for the human personality on the part of the state) components. A comparison is made of the “highest value” of a person declared at the constitutional level, his rights and freedoms, regardless of the individual socio-legal status and the actual situation that presupposes an attitude both to the individual himself and to his personal dignity, taking into account the place occupied in the social structure of society and appropriately assessed by the state (state rights). Proposals and recommendations are formulated concerning the consolidation of the system of constitutional guarantees for the realization and protection of the right of personal dignity, as well as the legal technique of its limitation.

“The Problem is the Law and Women's Rights…” A Study of Marriage Practices in the Eastern Democratic Republic of Congo

In this article, I explore gender justice in relation to the sociolegal status of marriage practices and how women address marital disputes. My research is based on 9 months of immersive fieldwork in Uvira, Democratic Republic of Congo (DRC). The eastern DRC has experienced extensive interventions to prosecute sexual violence and advance women's rights. However, these interventions have tended to miss the complexity of gender dynamics and how rights and justice are understood and sought by women in their everyday lives. I argue that gender justice is a process rather than an end goal and that legal pluralism, and its hybrid manifestations, is a space where that process can unfold. Through prioritizing women's experiences of marriage and separation, I contribute to the scholarship that challenges simple narratives of gendered harms in “othered” contexts and highlight the flexible space of legal pluralism to develop dialogue, ideas, and practices of contextualized gender justice.

Older people as vulnerable persons in the perspective of law

In the era of the “silent revolution” of an unstoppable aging of the world’s population, there is a question regarding the appropriateness and desirability of establishing a legal category called “elderly individuals” to address the gradual decline in physical and mental abilities associated with aging. This essay explores the potential designation of older people as an independent category under the law, considering that linking changes in their socio-legal status solely to the passage of time has been viewed as a form of “subjective discrimination” by civil law scholars so far. While labor and social welfare laws have long recognized the “special status” of elderly individuals, and the EU has increasingly referred to them in recent consumer-focused legislation, the prevailing view in Italian civil doctrine opposes the creation of an “old subject” category, arguing that vulnerability cannot be considered an intrinsic and defining characteristic solely based on age. Notwithstanding that, the essay suggests that creating a group or category for vulnerable (elderly) individuals could have several advantages, including recognizing their rights, assigning obligations, implementing tailored procedures, and providing forms of protection. Moreover, it would offer an opportunity to reflect on the importance of empowering individuals and promoting their autonomy in using legal instruments to plan their future.

Asylum Policies and Forced Labour among Asylum Seekers and Refugees: The Results of a Two-Phase Systematic Review

ABSTRACT There is ample empirical evidence of destitution, or social exclusion of asylum seekers and refugees (ARs) in host countries. Still, few studies document their negative working experiences. Therefore, this review combines refugee studies with research on forced labor. The aim was to understand the relationship of forced labor among ARs, with migration and asylum policies. We undertook a two-phase systematic review, i.e., systematic mapping and in-depth synthesis. We screened 4241 records from 10 databases, mapped 73 publications and synthesized 22 studies. Most of the research was exclusively qualitative. A frequent shortcoming was poor methods reporting. Publications rarely considered ethical issues and limitations. Common themes identified included: vulnerability and precarity generated by migration and asylum policies, forced labor through the lens of socio-legal status, and exploitation as a continuum. Another finding is the problem of overly broad and superficial questions that do not provide detailed data on forced labor among ARs. We refer to this as the detail deficit. This systematic review addresses the U.N. Sustainability Goal 16.2 to end abuse, exploitation, trafficking, and all forms of violence against and torture of children.

Features of the process of allocating land to the Astrakhan Tatars in the Astrakhan province in the first half of the 19th century in the light of the characteristics of their socio-legal status

The publication presents an analysis of the materials of the case "By the Decree of the Governing Senate on the allotment of the lands of the Kundra, Yurt and Emesh Tatars", deposited in the fund no.383 "First Department of the Ministry of State Property" of the Russian State Historical Archive. These materials date back to 1839–1847. The case was initiated in connection with the completion of the process of sedentarization of Astrakhan (Yurt, Emesh and Kundra) Tatars in the first third of the 19th century and the need to endow them with land on the basis of a Senate decree. The sparsely populated Astrakhan province predetermined the highest "proportion" of allotment of land to Astrakhan Tatars – 15 tithes per male. The documents of the case are interesting because they clarify several issues related to the history of the Astrakhan (Yurt) Tatars: the socio-legal status (Russian subjects and state peasants), the attitude to conscription and the amount of taxation, the number of Yurt, Emesh and Kundra Tatars in the 1830s; a clear definition in the source of belonging to the Tatar world. The documents presented in this publication indicate the interest of the Russian authorities in the final consolidation of the socio-legal status of the Tatar population of Astrakhan province as a settled taxable population with a clearly defined set of state duties. The authorities were also interested in finalizing the boundaries of rural settlements and securing land holdings for Yurt-Tatar societies in order to avoid land disputes between different owners.
 For citation: Imasheva M.M. Features of the process of allocating land to the Astrakhan Tatars in the Astrakhan province in the first half of the 19th century in the light of the characteristics of their socio-legal status. From History and Culture of Peoples of the Middle Volga Region. 2023, vol.13, no.4, pp.180–188. https://doi.org/10.22378/2410-0765.2023-13-4.180-188 (In Russian)

Chinese Women and Habeas Corpus Hearings in California, 1857–1882

Abstract: This article examines how Chinese women and men used habeas corpus proceedings in California to contest transpacific relations of gender, commerce, law, and power. The first section looks at habeas hearings about runaway or allegedly kidnapped Chinese women already in the United States. The second chronicles how these hearings correlated with and diverged from the habeas proceedings involving the detention of Chinese women immigrants upon arrival. The California judges' approach to these cases mirrored Congress's concern over "the enormous diversity of domestic arrangements" in slavery by the end of the Civil War, when lawmakers introduced monogamous marriage and dependency on a male head of household as the most acceptable conditions for a nonwhite woman's freedom. The habeas proceedings concerning Chinese women thus revealed a Pacific, subnational practice of governance that was consonant with the national trend of reconstructing nonwhite women's sociolegal status in the Civil War era.

Trans women’s status in contemporary Iran: Misrecognition and the cultural politics of aberu

In this paper, I explore the socio-legal status of trans women in contemporary Iran especially as it relates to Gender Affirmation Surgery. More specifically, I try to understand how trans women embody gender by investigating gender practices and relations in family, law, and medicine. Based on my fieldwork in Iran, the findings suggest that aberu – a phenomenon specific to Iranian culture – plays a big role in shaping trans women’s lives. By bringing together feminist philosopher Nancy Fraser’s work on the politics of recognition and sociologist Raewyn Connell’s understanding of social embodiment, I discuss how the status of trans women is pervasively misrecognised and how they are denied economic participation and democratic representation in Iranian society. Adopting the method of thematic analysis, I argue that the social pressure associated with aberu, and the lack of legal protection have made trans women simultaneously invisible and yet also subject to violence. Finally, I discuss how trans women go through the process of gender embodiment by problematising misrecognition, redefining femininity, and reclaiming womanhood through everyday life challenges.

LATIN FOR DENOTING THE SOCIO-LEGAL STATUS IN UKRAINIAN DOCUMENTS (XVI-XVIITH CENTURIES).

The article focuses on the study of Latin social-legal terms used for denoting the socio-legal status of the inhabitants of Ukrainian lands in the 16-17th centuries. After terms analysis the basic milestones of formation of terminology on designation of the social and legal status in that period are briefly considered. It was established that the main markers for determining the socio-legal status of a person in the 16-17th centuries, in addition to ethnic and religious affiliation were: higher and lower status (inferior, superior, minor, major, sublimus, nobilis, famatus, honorabilis, discretus, majestas), definition of the status according to the sphere of activity and the opportunity to be involved in others, which was also due to the distinction between "free" people and "not free, slaves" (laboratus, liber, illiber, proprius, mancipius, servus, famulus). In the context of this group of terms, the variety of the free person status is observed, depending on how such a status was acquired: a slave owned from birth, "acquired" slave-servant, slave, and so on. Therefore, documents often provide a definition that indicates whether the employee is employed (famulі serviles, servі apreciati). Also important was the presence or absence of the city status or suburban residency, which is especially relevant for residents of large cities, where there was a more or less implemented component of local self-government, which was often important in the field of law (civis, suburbanus, inhabitans urbis/oppidi comparing with rural residents such as rusticus, vagus). It is noteworthy that the documentation certifies the definition of financial and economic potential of a person or group (personae obtentae, possessionatae, possessae, mendicus, pauper, homo otiosus, homo vagabundi, pedanus, kmeto). Equally important in the context of the already mentioned ethnic and religious affiliation was also belonging to an ethnic community, group (congregatio), as well as the level and position in it (senior, major). Keywords: social and legal status; law term; social term; Latin terminology; Ukrainian documentation of the XVI-XVIIth centuries.

THEORETICAL AND LEGAL ANALYSIS OF THE STAGES OF FORMATION OF LABOR LEGISLATION

Objective: to conduct a thorough analysis of the evolution of human rights at different stages of development of society, to study the main aspects of the formation of socio-legal status of man in the field of labor. Research methods: general scientific and special methods are used in the work. Results: the peculiarities of the formation and development of labor legislation are analyzed, specificity of the factory legislation in the period of activization of labor movement for labor rights is defined, it is established that «formation of the social status of the person in labor sphere» is formation and development of labor rights, duties. The stages of formation of the social status of a person in the sphere of labor are singled out, namely: 1) collective-dependent (primitive-communal); 2) individually dependent (slave, feudal); 3) factory-industrial (capitalist); 4) collective-totalitarian (Soviet period); 5) integration-European (modern development of Ukraine). It is established that the specificity of primitive society is the collective organization of labor at the initial stage of human life, namely the need for collective efforts to organize life, because man himself was unable to earn a living. Discussion: the question of the social and legal position of man in the field of labor shows that it is work that most fully reflects the level of socialization of man, his motivation, as well as needs. Trends in social evolution indicate the patterns of formation of human social status at different stages of formation of society and the development of labor legislation. Features of historical and legal aspects of formation of the labor legislation in the XX-XXI centuries are considered.

Precarious legal status trajectories as method, and the work of legal status

ABSTRACT Critiques of ‘fantasy citizenship’ include calls to migrantize the citizen and denationalize citizenship and migration studies. In response, this essay proposes ‘precarious legal status trajectories (PLSTs) as method’, with a focus on the work of legal status. This approach captures changes in sociolegal status trajectories, including illegalization, and builds a ‘thicker’ approach to trajectories. The work of status refers to effort, time, money, and other resources devoted to being present in a jurisdiction, and/or gain access to services and protections. The approach also considers work that does not produce changes and is not counted, and interactions with other actors. This contributes to understanding how precarious legal status trajectories are assembled and contribute to inequalities in citizenship and dynamics of differential inclusion. It migrantizes the citizen in a context where the share of citizens who were precarious noncitizens continues to rise, and when methodological nationalism occludes PLSTs.

On the need to develop a unified approach to the content of the criminal procedural definition of "close relatives" in the regulation of legal relations in the Russian Federation related to the investigation of domestic crimes

The article is devoted to the problem of legal definition of the concepts of close relatives, close persons and family members of a citizen. Inconsistencies between the norms of the Constitution of the Russian Federation and the norms of family legislation in relation to the criminal procedural category "close relatives", which ensures the provision of witness immunity in criminal proceedings. It discusses controversial issues about the circle of close relatives who have the right not to testify as witnesses. The essence of this socio-legal status is revealed, the circle of persons forming it is established, the positive and negative sides of the existing definitions and formulations of "close relatives" are considered.The scientific novelty lies, first of all, in the fact that in the presented article the norms of criminal procedure, civil and family law regulating relations of kinship, matrimony, as well as the procedure and problems of their application in criminal proceedings were considered. Paragraph 4 of Article 5 of the Criminal Procedure Code of the Russian Federation refers to spouses as close relatives, but Article 14 of the Family Code of the Russian Federation does not consider them as such. The analysis of family law allows us to conclude that kinship is possible only by "blood" (the exception is the institution of adoption). For this reason, spouses cannot be close relatives and they are in a marital relationship to each other. The proposals on amendments and additions to the Criminal Procedure Code of the Russian Federation are formulated, which will improve the domestic criminal procedure legislation within the framework of developing a unified approach to the content of the definition of "close relatives".

Non-economic Migrants as Workers: Securing the Right to Work for Asylum Applicants in the EU

Abstract The figure of the asylum applicant worker sits uncomfortably in the oppositional framing of refugees and economic migrants. Yet, the recast Reception Conditions Directive 2013/33/EU provides a right to work for asylum applicants. Through case studies of Ireland and Sweden, this article examines the implementation of the right to work and describes an assemblage of de lege and de facto barriers that restrict access to the right to work in both Member States. Three legal avenues in EU law are explored to assess their potentiality to better secure this right. While the principle of effectiveness and fundamental rights prove useful, non-discrimination law remains limited in protecting the specific socio-legal status of asylum applicant workers. This article contributes to scholarship on the intersection of migration and labour law and the location of the asylum applicant worker within that intersection.

Women in the Islamic world – politico-eligious and socio-legal status

The article aims to outline a prototype of the woman in the Islamic world by clarifying her status, the main restrictions imposed on her, and some of the differences that exist on the issue between different Islamic schools.

Psychological Features of the Formation of the Personality of the Teacher of the Karakapak School

For the effective implementation of the educational process in higher education, there should be a continuous interaction between students and teachers. This influence differs from the relationship between a secondary school teacher and a student, or between a lyceum and college teacher and a student, which, on the one hand, depends on the age characteristics between them, depending on their socio-legal status, in the classroom in the form of teacher-teacher and student-listener, outside the classroom, friendly, brotherly, and even parent-child It is expedient. However, to date, the psychology of higher education, the psychological environment between students and teachers in it has not been thoroughly analyzed.

Social and legal patronage of HIV-infected and AIDS patients

Today people with HIV and AIDS are a social group, which is considered as an object of social work, an object of implementation of social technologies. The special characteristics of this group, their stigmatization and the peculiarities of the socio-legal and socio-medical status have led to the need for a legal and human rights approach in social practice, one of the possible social technologies where there can be social and legal patronage. This article is devoted to the disclosure of the features of the situation in the sphere of the spread of HIV and AIDS in Russia and the Perm Region, the analysis of the technology of social and legal patronage in the work with the group under consideration and the practice of its application in the Perm Region.

Criminal proceedings in the case of death of the suspect or the accused

There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused.

Asylum Regimes and Refugee Experiences of Precarity: The Case of Syrian Refugees in Turkey

AbstractThis paper discusses the ways in which restrictive asylum and migration regimes generate conditions that allow multidimensional precarities to flourish and surround lives of asylum seekers and refugees. The study employs the case of Syrian refugees in Turkey for an empirical analysis and draws on qualitative data, including policy analysis and in-depth interviews conducted with 52 Syrian refugees, employers who hire Syrians, humanitarian practitioners, and local authorities in three cities. The findings elucidate that the asylum law that delineates Syrians’ socio-legal status in the country also defines their state of existence and precarity in the economic and social milieus. The multidimensional precarities Syrian refugees face start with the migration journey and continually grow during the settlement experiences of registration, finding housing, accessing social services, and work.

Acid Attack: A Devastating Violence Against Women

This article will explore the problem of acid attack as a gender-related crime. We analyse the socio-legal status of this crime as a form of violence in comparison of other forms of violence in the Indian context with the help of secondary data. The patriarchal notion of women is that the body is her only respect, and its violation is ultimate punishment. The number of acid attacks is increasing every passing year. The latest report of the National Crime Records Bureau (NCRB) 2016 recorded 283 incidents under the section of acid attack (‘Living in the shadows’- A project for acid attack victims by Haryana State legal Services Authority). It revealed that the most of the reported acid attack cases are due to refusal of marriage or rejection of romance. We discuss the consequences of acid attack and the legal framework available to address this problem.

Orthodox Churches and the ‘Othering’ of Islam and Muslims in Today’s Balkans

Abstract The article focuses on the relation between the socio-legal status of national Orthodox Churches and their role in the legal, institutional and social ‘othering’ of Islam and ethnic groups of Muslims in three Balkans countries, namely, Bulgaria, North Macedonia and Serbia. The research reveals that the state-pursued construction of national identity and politics of belonging are expressly permeated by ethno-confessional nationalism, which is at the core of the deep-running tensions between the dominant ethnic group and the marginalized Muslims. There is an alliance between the political and the Church elites to keep ethnic groups of Muslim background either altogether outside the ‘national Us’ or at least at its outer margins.

Семейный интерес и интерес членов семьи, обладающих особым социально-правовым статусом: общее и различное, назначение и ценность для семьи

Семейный интерес и интерес членов семьи, обладающих особым социально-правовым статусом: общее и различное, назначение и ценность для семьи