The genesis of the concept and essence of the legal status of an individual in the Romano-Germanic and Anglo-Saxon legal families: Comparative analysis of Ukrainian and US legislation
Year: 2024
Type: article
Abstract: The study was conducted to comprehensively analyse the peculiarities of formation and regulation of the legal status of an individual in Ukraine and the USA as representatives of the Romano- Germanic and Anglo-Saxon legal systems, respectively. In the study, a comparative analysis of legislative acts and regulations defining the legal status of individuals in these countries was carried out, and an assessment of legislative regulation in this area was conducted. The study determined that the legal status of individuals in Ukraine is based on a single centralised approach, where stability and clarity of rules contribute to legal predictability. This is reflected in strict rules regarding the clear definition of age limits for legal capacity and complex procedures for foreigners and refugees in labour rights. In the US, legal status is more dependent on case law and laws that differ from state to state, enabling a tailored approach to local circumstances. In the field of labour rights and refugee support, the American system, thanks to its flexibility, provides foreigners with greater opportunities for employment and quick adaptation. Judicial accountability in the United States ensures a quick response to rights violations, while centralised oversight in Ukraine provides uniformity in rule application across the country. Ukraine also has strictly regulated personal data protection rules, which ensures a high level of confidentiality but also creates certain difficulties in accessing information for individuals. Another important aspect is the strict regulation of political rights, which limits the possibility of foreigners’ participation in government, emphasising the priority of national security and stability. The results are important for establishing a clear characterisation and emphasising the differences in the formation of the legal status of an individual, which is embodied in the priority given to stability and predictability in the Ukrainian system and the focus on adaptability and individual rights in the American system
Author: Ruben Mirzoian
Institution: Academy of Labour Social Relations and Tourism
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4406735660