Эссе на тему: Legal status of the turkic languages of indigenous small-numbered peoples of Russia

Legal status of the turkic languages of indigenous small-numbered peoples of Russia

Content

Introduction

The main part

Conclusion

List of literature

Introduction

The last decades of the twentieth century marked the beginning of a qualitatively new stage in understanding the problem of indigenous peoples. The political practice that existed for decades has been replaced by a diametrically opposite one. The world community is coming to realize the value and significance of all cultures of the world, attention is focused on the need to create equality of opportunities and the rights of all peoples to independently choose their own historical destiny and forms of life.

According to Article 1 of the International Labour Organization (ILO) Convention on Indigenous and Tribal Peoples (1989), these include peoples in independent countries who are descendants of those who inhabited the country or geographical area of which this country is a part during its conquest or colonization or during the establishment of existing State borders, and who, regardless of their legal status, retain some or all of their social, economic, cultural and political institutions.

In order to be assigned to this population group, there must also be a subjective factor - an indication of the peoples themselves that they belong to the indigenous group (paragraph 2 of Article 1 of the said Convention).The main distinguishing feature of indigenous peoples is their inherent (material and spiritual) connection with the ancestral land, and an indigenous people without land is no longer an "indigenous" people.

The main part

Today, state policy is aimed at fostering respect for the inalienable rights of the indigenous peoples of Russia, based on their political, economic and social structures, as well as on their culture, spiritual traditions, history and philosophy.

Indigenous small-numbered peoples of the Russian Federation are peoples numbering less than 50 thousand people living in the northern regions of Russia, Siberia and the Russian Far East in the territories of the traditional settlement of their ancestors, preserving the traditional way of life, farming and crafts and realizing themselves as independent ethnic communities.

Indigenous peoples are understood as the peoples:

* living in the territories of the traditional settlement of their ancestors;

* preserving the traditional way of life, management and crafts

The unified list of indigenous small-numbered peoples of the Russian Federation is approved by the Government of the Russian Federation on the proposal of the state authorities of the subjects of the Russian Federation in whose territories these peoples live.

Small-numbered peoples, associations of small-numbered peoples, persons belonging to small-numbered peoples are endowed with additional rights and guarantees:

1) gratuitously own and use the lands necessary for the implementation of their traditional management and common minerals;

2) participate in monitoring the use of land, compliance with legislation on environmental protection; participate in environmental expertise related to the natural environment in the places of their traditional residence;

3) receive funding from various sources for the socio-economic and cultural development of small peoples;

4) receive compensation for losses caused to them as a result of damage to the native habitat of small peoples by the economic activities of various organizations, etc.

In order to exercise their rights and benefits, citizens of the Russian Federation must confirm that they belong to the indigenous peoples of Russia. But, the fact is that back in 1997, the column "nationality" was removed from the passport of a citizen of the Russian Federation. Today, there is no procedure in Russian legislation for deciding whether a citizen of the Russian Federation is a representative of a small people or not. In the absence of a legally fixed procedure for determining persons belonging to the indigenous small-numbered peoples of Russia, many cannot confirm their nationality and exercise their rights in full. As a result, when a representative of the indigenous peoples of Russia needs to take advantage of the benefits and rights enshrined in the laws, for example, to undergo alternative civil service, use natural resources, obtain weapons, form communities, secure hunting grounds and deer pastures, he has a lot of problems.

The legislation of the Republic of Sakha (Yakutia) on the languages of the indigenous peoples of the North is based on the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation, other normative legal acts of the Russian Federation and consists of the Law of the Republic of Sakha (Yakutia) "On Languages in the Republic of Sakha (Yakutia)", this law and other normative legal acts of the Republic of Sakha (Yakutia).

On the territory of the Republic of Sakha (Yakutia) The languages of the indigenous peoples of the North are official in the places of compact residence of these peoples and can be used in official spheres of communication on a par with the official languages of the Republic of Sakha (Yakutia).

Based on the definitions fixed in international conventions, the Constitutional Court of the Republic of Sakha (Yakutia) notes that the following main features and elements of the concept of "indigenous people" can be distinguished:

- these peoples are descendants of people who inhabited any territory before the arrival of another population there;

- their non-dominant position in comparison with other strata of society;

- cultural and other differences from the rest of the population;

- awareness of their belonging to the indigenous people;

- the desire to preserve their land and ethnic identity as the basis for the continuation of their existence as a people.

Further, the Constitutional Court of the Republic of Sakha (Yakutia) refers to the provisions of the Constitution of the Russian Federation. The court's ruling notes that "despite the fact that the Russian Federation refrained from ratifying the UN Declaration on the Rights of Indigenous Peoples and it is not a legally binding document for Russia, many provisions of the Constitution of the Russian Federation are related to the inalienable rights of peoples." The universally recognized principles of equality and self-determination of peoples, which are among the inalienable rights of peoples, qualified in its preamble as values, are the basis of the constitutional system of Russia and elevated to the level of the principles of Russian federalism (Article 5 of the Constitution of the Russian Federation). In this regard, it is concluded that, based on the provisions of the Constitution of the Russian Federation expressing the state-legal characteristics of the subjects of the Russian Federation, the Republic of Sakha (Yakutia) has adequate powers to implement its own constitutional regulation of relations related to the inalienable rights of indigenous peoples.

Proceeding from the above, the court's Ruling notes that the constitutional meaning of the provisions of article 42 of the Constitution (Basic Law) of the Republic of Sakha (Yakutia) on the inalienable rights of the indigenous peoples of the Republic of Sakha (Yakutia) should be understood "as a set of natural (inalienable) rights of these peoples, ensuring the creation of conditions for the preservation and revival of their original (unique) identity associated with the original culture, traditions, customs, beliefs, language, etc., and above all, from among them the indigenous people of Sakha, guaranteeing it as a consolidated socio-historical community formed on the integration basis of territorial unity, socio-economic, state-legal, national-cultural and linguistic identity and independence."

After the ILO Convention No. 169 of 1989, international law on indigenous peoples did not stand still. Its peak was the UN Declaration on the Rights of Indigenous Peoples, adopted at the 107th plenary session of the UN General Assembly on September 13, 2007. What was new in it was that the declaration additionally added provisions on the political rights of "indigenous peoples" to international legislation in the strongest terms:

Indigenous peoples have the right to self-determination. By virtue of this right, they freely determine their political status and freely pursue their economic, social and cultural development (art. 3);

Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means of financing their autonomous functions (Article 4). At the same time, Article 46 of the Declaration, however, stipulates that nothing in it "can be interpreted as implying any right of any State, people, group of persons or individual to engage in any activity or perform any actions in violation of the Charter of the United Nations or be considered as authorizing or encouraging any actions that would lead to the dismemberment or partial or complete violation of the territorial integrity and political unity of sovereign and independent States."

The Constitution of the Russian Federation establishes guarantees for indigenous small-numbered peoples as special and very specific ethnic communities. After all, persons belonging to indigenous small-numbered peoples, precisely because of belonging to them and because of living in the regions of settlement of these peoples and conducting traditional economic management, cannot provide themselves with equal living conditions with the majority of Russians. They have fewer opportunities for development: they eat worse, get sick more, have a shorter life expectancy than the rest of the inhabitants of Russia, etc. There is too great a difference in the starting capabilities of persons belonging to indigenous peoples and other residents of Russia.

With the adoption of the Federal Law "On Guarantees of the Rights of Indigenous Peoples of the Russian Federation", it became possible to develop a number of federal laws specifying and developing certain aspects of the legal status of indigenous peoples of Russia. And most importantly, now the subjects of the Russian Federation have received a legal basis for the creation and development of their legislation focused on the specifics of the small ethnic groups inhabiting them.

Conclusion

Thus, the analysis of normative legal documents shows that the current legislation of the Russian Federation has created a good basis for the development of the legal status of indigenous minorities, but many of its provisions have remained declarative. They require further improvement and the adoption of new regulations to create a mechanism for the implementation of laws at the level of the subjects of the Russian Federation, including in Yakutia.

Thus, the provision of article 42 of the Constitution (Basic Law) of the Republic of Sakha (Yakutia) on indigenous peoples in relation to the Yakut people means the recognition of the territory of Yakutia bearing his name, his native land and historical homeland, a source of economic well-being, cultural and linguistic identity, and the constitutional and legal status of the Republic of Sakha (Yakutia) - a form of arrangement of the people as a community within the Russian state"

List of literature:

1. The Law of the Republic of Sakha (Yakutia) of February 20, 2004 111-Z N 243-III "On the status of the languages of the indigenous peoples of the North of the Republic of Sakha (Yakutia)"

2. "Constitution of the Russian Federation" (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020)

3. In the case of Interpretation of the provisions of Article 42 of the Constitution (Basic Law) of the Republic of Sakha (Yakutia): resolution of the Constitutional Court of the Republic. Sakha (Yakutia) dated 21.10.2016, No. 4-P

4. Kuzivanova, O. Yu. Indigenous peoples: two approaches, two concepts // Proceedings of the Altai State University. 2012. No. 4-1(76). pp. 249-253.

5. Krivoshapkin, K. Yu. Problems of realization of the right of traditional nature use of indigenous small-numbered peoples of the North on the example of the Republic of Sakha (Yakutia) / K. Yu. Krivoshapkin. - Text : direct // Young scientist. — 2019. — № 21 (259). — PP. 346-348. - URL: https://moluch.ru/archive/259/59594 / (accessed: 08.03.2022).

6. Sharipova, D. N. The legal status of indigenous small-numbered peoples of Russia / D. N. Sharipova. - Text : direct // Young scientist. — 2017. — № 50.1 (184.1). — Pp. 46-49. - URL: https://moluch.ru/archive/184/47339 / (date of appeal: 08.03.2022).

7. Federal Law "On Guarantees of the rights of indigenous small-numbered peoples of the Russian Federation" dated 30.04.1999 N 82-FZ (latest edition)