Constitutional and legal status of languages in the constituent entities of the Russian Federation Azat Salavatovich Karimov. Information and analytical materials of the State Duma
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Federal State Budgetary Educational Institution
higher professional education
"Bashkir State University»
As a manuscript
Karimov Azat Salavatovich
CONSTITUTIONAL AND LEGAL STATUS OF LANGUAGES IN SUBJECTS
RUSSIAN FEDERATION
Specialty 12.00.02 - constitutional law; constitutional litigation; municipal lawTHESIS
for the degree of candidate of legal sciencesScientific director: PhD in Law, Associate Professor Marat Selirovich Shaikhullin Ufa – Table of Contents Introduction……………………………………………………………………….………. Chapter 1. general characteristics the constitutional and legal status of languages in the constituent entities of the Russian Federation.………………………………………………………… § 1. The concept and content of the constitutional and legal status of languages in the constituent entities of the Russian Federation…….… ……………………………..…
§ 2. Principles of preservation, development, use and protection of languages in the constituent entities of the Russian Federation ……… ……....…………………………………………….. § 3. Subjects of conservation, development, use, establishment and protection of the languages of the peoples of the Russian Federation……….…………………………………… Chapter II. Constitutional and legal mechanism for the implementation of the right to preserve, develop, use and protect languages in the constituent entities of the Russian Federation ……………………………………………………………….. § 1. Features legal regulation status of languages in the constituent entities of the Russian Federation…………………………………………………………….………………. § 2. The powers of state authorities and local self-government in the field of preservation, development, use and protection of the languages of the peoples of the Russian Federation ....……………………………………………………..... ....... § 3. Problems of realization of the right to preserve, develop and protect the languages of the peoples of the Russian Federation……………………………………………………………...…. Chapter III. Improving the legal regulation of the status of languages in the subjects of the Russian Federation………………………………………………….. § 1. Foreign experience of legal regulation and law enforcement practice in the field of preservation and protection of languages……….. .....……………………..……….... § 2. Implementation of the norms of the European Charter for Regional or Minority Languages in the legislation of the Russian Federation ..……………….……… § 3. Improving the norms of federal and regional legislation governing the legal status of languages in the constituent entities of the Russian Federation……………………………………………………………………………… ………………………………………………………………………… Bibliographic list.………………………
Introduction Relevance research topics. In many states, national policy is inextricably linked with language issues, which in the era of globalization are becoming increasingly relevant. Conservative factors that exist in many states in the socio-cultural sphere necessitate the study of the role of language as an element of interethnic and intercultural communications. The conducted studies show that by the end of the 20th century the concept of the rights of collective subjects and citizens had developed to such an extent that the principle of freedom, focused on oppression by the state in religious or linguistic matters, gave way to the demand for freedom to be represented on the basis of equality in society as a determining factor. essence of state participation1.
Against the backdrop of integration processes, Russia, like other countries, faces tasks in the field of preserving national identity, linguistic culture in a dynamic and developing world. At the same time, due to the processes of hegemony and dominance of some national languages over others, which ultimately can lead to the displacement and extinction of languages, the threat to their diversity.
At one time, the most prominent representative of the neo-Humboldtian trend in linguistics, Leo Weisgerber, wrote: “In contrast to the inevitable objectivity of knowledge obtained through a plurality of ways, Colin H. Williams. Language Policy and Planning Issues in Multicultural Societies // Larrivee P.
Linguistic Conflict and Language Laws Understanding the Quebec Question. - Palgrave Macmillan, 2003. - P. 3-4.
visions" 1. In this context, the study of issues related to the constitutional and legal status of languages in the constituent entities of the Russian Federation is not only relevant, but also timely, since the analysis of issues related to the legal and actual status of languages makes in many respects the development of various ways of optimal regulation of social relations for the preservation, development, use and protection languages in the absence of stability of interethnic relations.
These issues are topical for the Russian Federation, in which since ancient times people of different religions and nationalities have lived, speaking different languages. At a meeting of the Council for Interethnic Relations held in St.
Ufa October 22, 2013, President of the Russian Federation V.V. Putin noted that “... it is necessary to change the vector of our state policy, our state propaganda towards national tolerance, towards the readiness of people of different ethnic background religion, appearance, language, culture to live together with each other in one country, in a country called Russia" 2.
The relevance of this study lies in the fact that modern Russian legislation should be based on principles that guarantee the preservation, development, use and protection of languages, which is confirmed by the peculiarities of the legal regulation of the status of languages, the problems of exercising the right to preserve and develop languages, the differentiation of approaches to the regulation of the powers of state bodies. authorities and local self-government in this area of public relations, a necessity See: Borgoyakova T.G. Minority languages: problems of conservation and development: Proc. allowance - Abakan: Ed. Khakass State University. N.F. Katanov, 2001. - P. 3.
Meeting of the Council under the President of the Russian Federation for Interethnic Relations of October 22, 2013 // Russian newspaper. 23.10.2013. №6214 (238).
taking into account international legal acts and foreign experience of state regulation in this area.
research, its relevance from both theoretical and practical approaches.
research. Issues related to the status of languages and the rules for their use are multifaceted and interdisciplinary in nature, therefore, in addition to lawyers, this area of social relations was studied by representatives of philological, political, philosophical, pedagogical, ethnological and other sciences. The problems of the linguistic rights of national minorities in Europe, as well as related issues of inequality and non-discrimination, were considered in their works by T.R. Aklaev, O.R. Gulyin and V.A. Tishkov. Among philologists, T.G. Borgoyakova, F.Kh. Garipova, E.B. Grishaeva, M.V. Dyachkov, A.E. Pavlenko, E.R. Tenishev and others.
In domestic legal science, the problems of the status of languages in the republics that were part of USSR the dissertation work of Ts.M. Goderdzishvili1, the constitutional and legal analysis of the use of the Russian language, paid attention to N.V. Lyashenko2, L.N. Vasilyeva3, E.M.
Dorovskikh4, V.K. Samigullin5, P.M. Voronetsky1. State-legal Goderdzishvili Ts.M. State-legal regulation of the status of languages (based on the materials of the republics that were part of the USSR): Abstract of the thesis. dis. … cand. legal Sciences - M., 1992. - 22 p.
Lyashenko N.V. Russian language as the state language of the Russian Federation:
constitutional and legal analysis: Dis. … cand. legal Sciences. - M., 2004. - 163 p.
Vasilyeva L.N. Legislative regulation of the use of languages in the Russian Federation: Dis. … cand. legal Sciences. - M., 2004. - 191 p.
Dorovskikh E.M. Constitutional and legal regulation of the use of the languages of the peoples of the Russian Federation: Dis. … cand. legal Sciences. - M., 2005. - 222 p.
Samigullin V.K. Constitutional development of Bashkiria. - Ufa, 1991. - P. 20; Review.
Constitutional law of the subjects of the Russian Federation / Ed. ed. V.A. Kryazhkov. – M.:
Gorodets-published, 2002. - 864 p. // Law and politics. - 2003. - No. 1. - P. 38; Islam and Law. The experience of the language problem in Russia was studied by E.V. Trenin2, and the works of A.S.
Hayrapetyan3.
studies are social relations emerging in the process of implementing constitutional and legal norms that determine the status of languages in the constituent entities of the Russian Federation.
domestic legislation regulating the legal status of languages in the constituent entities of the Russian Federation.
Goal and tasks dissertation research. aim dissertation research is the analysis of the content of the constitutional and legal status of languages in the constituent entities of the Russian Federation.
To achieve this goal, the following main tasks were set in the dissertation:
Define the concept of the constitutional and legal status of languages in the constituent entities of the Russian Federation and reveal its legal content;
Explore the principles of preservation, development, use and protection of languages in the subjects of the Russian state;
- to classify the subjects of preservation, development, use and protection of the languages of the peoples of Russia;
insights. - Ufa, 2006. - P. 57; Tradition in the legal sphere: theoretical and legal research. - Ufa, 2008. - P. 76.
Voronetsky P.M. Constitutional and legal problems of the status of the state languages of the republics within the Russian Federation: Dis. … cand. legal Sciences. - St. Petersburg, 2009. - 204 p.
Trenin E.V. State-legal problems of language in the Russian Federation: Dis. … cand. legal Sciences. - Yekaterinburg, 1998. - 155 p.
Airapetyan A.S. Constitutional and legal foundations for the use of the Russian language in the countries of the Commonwealth of Independent States: Abstract of the thesis. dis. … cand. legal Sciences. - Saratov, 2013. - 31 p.
- to identify the features of the legal regulation of the status of languages at the regional-subject levels;
Analyze the powers of state authorities and local self-government in the field of preservation, development, use and protection of the languages of the Russian peoples;
Isolate the problems of realizing the right to preserve, develop and protect languages in the constituent entities of the Russian Federation and indicate ways to resolve them;
law enforcement practice in the field of preservation and protection of languages;
Analyze the need to implement the norms of the European Charter for Regional or Minority Languages of November 5, 1992 in Russian legislation;
The methodological basis was the general scientific dialectical method of cognition, which made it possible to study legal phenomena in particular, the interaction of language and culture, in their relationship and development. In order to ensure authenticity and theoretical and practical validity, the author used general scientific methods: system-structural, functional, concrete historical. The formal legal, sociological and comparative legal methods are widely used.
analyzed the provisions of the Constitution of the Russian Federation of 1993, the European Charter for Regional or Minority Languages and other international legal acts, federal constitutional laws, federal laws, laws of the constituent entities of the Russian Federation, by-laws, regulatory legal acts, as well as individual legal acts of local governments. In the process of dissertation research, acts of constitutional legislation of a number of foreign countries(Canada, USA, Spain, Belgium, Republic of India, China, Republic of Finland, French Republic).
The theoretical basis of the study was the works of domestic specialists in the field of the theory of state and law, constitutional and municipal law, as well as other branches of law: A.Kh. Abashidze, R.G.
Abdulatipova, S.A. Avakyan, A.S. Avtonomova, M.V. Baglaia, N.S. Bondar, N.A.
Bogdanova, L.D. Voevodina, I.V. Vydrina, Yu.V. Gerasimenko, T.V. Gubaeva, V.N. Durdenevsky, B.P. Eliseeva, G.T. Ermoshina, V.D. Zorkina, I.G. Ilisheva, V.T. Kabysheva, L.M. Karapetyan, V.V. Kireeva, E.V. Kolesnikova, V.A. Kocheva, V.A. Kryazhkova, M.N. Kuznetsova, M.M. Kurmanova, O.E. Kutafin, I.D. Levina, E.A. Lukasheva, V.V. Maklakova, G.V. Maltseva, M.N. Marchenko, N.I. Matuzova, V.I. Mayorova, V.P. Malkova, T.D. Matveeva, V.P. Neroznak, V.S. Nersesyants, A.S. Pigolkin, V.K. Samigullina, S.V. Solovieva, S.G. Solovieva, Yu.A.
Tikhomirova, B.N. Topornina, V.A. Tumanova, V.I. Fadeeva, T.Ya. Khabrieva, A.G.
Khabibullina, T.M. Shamba, M.S. Shaihullina, N.E. Shelyutto, B.S. Ebzeeva, A.I.
Ekimova, I.S. Yatsenko and others.
The enrichment of the content of the constitutional and legal status of languages in the constituent entities of the Russian Federation was facilitated by the works of foreign researchers: D. Valades, F. de Varen M.N., S. Wolf, V. Humboldt, F. Green, R. Grich, P. Larrivet, G Hogan-Bruna.
Empirical base of research. Statistical indicators, data from sociological surveys, official statistics from the 2010 census of the Russian Federation and other foreign countries were used as empirical material. Documents of the Council of Europe, the Parliamentary Assembly of the Council of Europe, UNESCO and other international and interstate organizations were involved.
Scientific novelty dissertation research lies in the fact that it is one of the first comprehensive studies in the science of constitutional law of problems related to the legal status of languages in the constituent entities of the Russian Federation, as well as the mechanism for exercising the right to preserve, develop, use and protect the languages of the Russian peoples.
The author investigated the legal nature of the status of languages used in the subjects of the Russian Federation, identified the principles and subjects of the preservation, development, use, establishment and protection of the languages of the peoples of the Russian Federation.
The content of the constitutional and legal mechanism for the implementation of the right to preserve, develop, use and protect languages in individual Bashkortostan, Tatarstan, the Republic of Mordovia, Udmurt republic, Chuvashia, etc.), in which Special attention paid to the peculiarities of the legal regulation of the status of languages, the powers of state authorities and local self-government in the area under study, the problems of realizing the right to preserve, develop and protect the languages of the peoples of the Russian Federation. The author analyzes the foreign experience of legal regulation and law enforcement practice in the field of preservation and protection of languages, and analyzes the procedure for implementing the norms of the European Charter for Regional or Minority Languages in the Russian legal system from a theoretical standpoint. On the basis of the scientific analysis carried out, new conclusions are formulated and specific proposals are developed for improving the legislation on the status of the languages of the Russian peoples.
Basic provisions dissertation research submitted for defense:
1. The constitutional and legal status of languages in the constituent entities of the Russian Federation is expressed in the totality of the regulatory legal provisions established by the Constitution of the Russian Federation of 1993, federal constitutional, federal laws and legal acts of the constituent entities of the Russian Federation, guaranteeing the right to preserve, develop, use and protect the Russian language , state languages of the republics of the Russian Federation and other languages of the peoples of Russia.
An analysis of the content of the European Charter for Regional or Minority Languages of 1992, in combination with the current legislation of the Russian Federation and the practice of preserving, developing, using and protecting languages in the constituent entities of the Russian Federation, made it possible to develop the following algorithm for the implementation stages of the Charter: a) to find out its role for the preservation, development , use and protection of linguistic diversity in Russia;
b) indicate the scope of legal norms applicable to implementation in Russian legislation; c) determine the list of languages covered by the Charter; d) establish the powers of the authorities for the practical implementation of its provisions; e) develop legal support for the implementation of the Charter, taking into account the current legislation of the Russian Federation, historical and other local traditions; f) establish the financial costs for the procedure for the implementation of this act and the frequency of reporting by law enforcers; g) create conditions for the implementation of the 1992 act into Russian legislation, in accordance with the principle of “gradual ratification”.
3. It is shown that since in areas of compact residence, along with the state languages, the languages of the population of such territories are used in official areas of communication, it is proposed to expand the regulatory capabilities of local governments by granting them the right to establish "the procedure for using languages in areas of compact residence" in accordance with the legislation of Russia and the subjects in its composition.
4. It is substantiated that the legislation of the Russian Federation and its subjects should contain provisions guaranteeing the preservation and development of the traditional use of the literary Russian language, which is the basis for the unity of citizens of the Russian Federation and the preservation of Russian statehood, taking into account the historical and cultural development of the peoples of Russia and linguistic diversity.
5. The need to amend paragraph 1 of Art. 4 of the Federal Law No. 53 “On the State Language of the Russian Federation” of 2002, in which the word “functioning” is replaced by the words “guarantees of use”, since the functioning of the state language cannot be considered as a security task for the implementation by public authorities of powers in the field of language use. In this regard, it is proposed to state paragraph 1 of Art. 4 of Federal Law No. 53 “On the state language of the Russian Federation” as follows: “They provide guarantees for the use of the state language of the Russian Federation throughout the Russian Federation” and further in the text.
6. The necessity of making an addition to part 4 of article 15 of the Law of the Russian Federation No. 1807-1 "On the languages of the peoples of the Russian Federation" of 1991 is proved, due to the fact that citizens' appeals in the state language of Russia implies the right to send them to state bodies, organizations, enterprises and institutions only proposals, statements and complaints. It is proposed to supplement the types of appeals specified in the Law of the Russian Federation No. 1807-1 with the right to send petitions, and to state part 4 of Art. 15 of the Law of the Russian Federation No. 1807-1 as follows: “citizens of the Russian Federation have the right to apply to state bodies, organizations, enterprises and institutions of the Russian Federation with proposals, applications, petitions and complaints in the state language of the Russian Federation, their native language or in any other the language of the peoples of the Russian Federation, which they speak.
the state language in the Russian Federation, which should be understood as a system of state measures aimed at ensuring special legal, economic, political and spiritual guarantees for languages in the Russian Federation, equal access to the preservation, development and use of the state language of the Russian Federation and the languages of the Russian peoples.
8. The dissertation substantiates the expediency of the normative consolidation of the provision providing for the state protection of the Russian "non-discrimination" enshrined in Art. 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, implies the protection of individual rights to use the language, while positive protection of the status of languages corresponding to their historical sphere of distribution is required. In this regard, the introduction of an addition to Art. 4 of Federal Law No. 53-FZ "On the state language of the Russian Federation". It proposes to consolidate the right of federal government bodies to ensure the protection of the Russian language outside the Russian Federation in accordance with international legal norms and the legislation of the Russian Federation and state it in the following wording: “- ensure the protection of the Russian language outside the Russian Federation in accordance with international legal norms and legislation of the Russian Federation.
Theoretical and practical significance dissertations.
The theoretical provisions contained in the dissertation can become the basis for subsequent scientific research in this area, as well as be used in teaching the academic discipline "constitutional law"
and related disciplines. The practical and theoretical provisions formulated in the dissertation can be used in the work of state and municipal employees, deputies of various levels of government and organizations. The conclusions, suggestions and recommendations contained in the dissertation text can find practical application in the legislative activity of federal government bodies, government bodies of the constituent entities of the Russian Federation and the law-making activities of local governments.
Approbation and implementation of the results of the dissertation research.
The main theoretical provisions of the dissertation are reflected in the author's scientific publications, including 3 leading periodicals recommended by the Higher Attestation Commission of the Ministry of Education and Science of the Russian Federation. The results were used in lectures and seminars on constitutional law at the Bashkir State University.
Research results were covered at international and all-Russian scientific and practical conferences, in particular: International scientific and practical conference dedicated to the 100th anniversary of the Bashkir State University and the 60th anniversary of higher legal education in the Republic of Bashkortostan "Actual issues of the development of legal science and practice in modern conditions" (Ufa, October 7-8, 2009); International scientific conference of students, graduate students and young scientists "Legal systems and challenges of our time" (Ufa, December 7-9, 2009); International scientific-practical conference with elements of a scientific school "Actual problems of law in Russia and the CIS countries-2010" (Chelyabinsk, April 1-2, 2010);
All-Russian Scientific and Practical Conference of Young Scientists “Norma.
Law. Legislation. Law” (Perm, April 22-24, 2010); All-Russian scientific and practical conference "Actual problems of law at the present stage of development of Russian statehood" (Sibay, March 25-26, 2010);
International Scientific and Practical Conference "Modern Legal Science and Law Enforcement (IV Saratov Legal Readings)" (Saratov, June 3, 2011); International scientific and practical conference "Actual problems of improving legislation and law enforcement" (Ufa, February 2014).
Main results research dissertator were reflected in thirteen published articles with a total volume of 4.6 pp.
Thesis structure subject to the logic of research. The dissertation consists of an introduction, three chapters, including 9 paragraphs, a conclusion and a list of normative legal and literary sources used.
Chapter 1. General characteristics of the constitutional and legal status of languages in § 1. The concept and content of the constitutional and legal status of languages in scientific literature. Language is a symbol, an element of the identity of the nation and the basis of its existence. The language preserves and transmits from generation to generation information about the history and culture of the nation, customs, traditions and customs1, is a powerful factor influencing the ethnic identity of the people2.
According to the definition, this term "language" in the explanatory dictionary of S.I. Ozhegov, it is "a historically established system of sound vocabulary and grammatical means, objectifying the work of thinking and being a tool for communication and mutual understanding of people in society"3. In another well-known explanatory dictionary, compiled by V.I. Dahl, language is defined as “the verbal speech of a person, according to nationalities; vocabulary and natural grammar; the totality of all the words of the people and their true combination, to convey their thoughts.
Kolesnikov E.V. Custom as a source of Soviet state law // Jurisprudence. - 1989. - No. 4. - P.23.
Languages and peoples of the Republic of Bashkortostan. State languages: history and modernity: Collection of documents and materials. - Part 1 / Comp. Yu.Kh. Yuldashbaev and others - Ufa:
State Unitary Enterprise of the Republic of Belarus "Ufa Polygraph Plant", 2007. - P. 5.
Ozhegov S.I., Shvedova N.Yu. Dictionary Russian language. - M.: Azbukovnik, 1999. - S. 917.
Dal V.I. Explanatory dictionary of the living Great Russian language. - M.: AST, 2001. - T. 4. - S. 1108.
Various linguistic dictionaries also define the concept of language. In this case, it is considered as a means of communication. This follows from the following definition: “Language is one of the original semiological means, which is the main and most important means of communication between members of a given team, for which this system also turns out to be a means of developing thinking, transferring cultural and historical traditions from generation to generation”1. In another dictionary of linguistic terms we find a concise definition: “Language is any system of signs suitable for serving as a means of communication between individuals”2. There is also the following linguistic definition: “Language in general is a naturally (at a certain stage in the development of human society) a semiotic (sign) system that has arisen and naturally develops, existing, first of all, not for an individual, but for a certain society”3.
Researcher G. Hogan-Brun believes that “language is a means that unites a nation into a single “community”. It unites individuals in social space and time, turning people who do not know and have never seen each other into compatriots. From the point of view of Doctor of Law, Professor V.A. Kryazhkov, language is the most important element of non-material (spiritual) culture. It distinguishes one people from another, allows its owner - an individual to relate himself to a certain ethnic group5, and according to G.V. Maltseva “brings people together” 6. At one time, the German philosopher Winghelm von Humboldt wrote: “Language is not easy, Akhmanova O.S. Dictionary of linguistic terms. – M.: Sov. encyclopedia, 1966. - S. 562.
Terminasova S.G. Languages intercultural communication. – M.: Slovo, 2000. – P. 10.
Yartseva V.N. Linguistic encyclopedic dictionary. - M .: Bolshaya grew up. encyclopedia, 2002. - S. 604.
Hogan-Brun G. Europe and the politics of language Citizens, Migrants and Outsiders. - Palgrave Macmillan, 2006. - P. 21.
Kryazhkov V.A. The right to the native language: on the example of the small peoples of the North // Russian Journal of Law. - 2007. - No. 1. - P. 22.
Jurisprudence: Textbook / Ed. G.V. Maltsev. - M.: Publishing house of the RAGS, 2003. - P.65.
as they say, the imprint of the ideas of the people, since the multitude of its signs does not allow us to detect any ideas that exist from it; language is the united spiritual energy of the people, miraculously imprinted in certain sounds, in this form and through the interconnection of its sounds, understandable to all speakers and exciting approximately the same energy in them.
Language always embodies the originality of a whole people, so one should not be afraid of either sophistication or an excess of fantasy, which some people consider undesirable. Doctor of Philology A.Yu. Bolshakova figuratively defined the concept of language as a kind of human clothing 3.
In our opinion, the concept of language in the context of a comprehensive analysis of its constitutional and legal status must be considered from the standpoint of studying the categories of native, national, state, official language.
Language statuses may vary. For example, languages can be declared by the legislation of the Russian Federation are not yet delimited, it is required to clarify the legal nature of their content, and from the standpoint of legal regulation at any level, in addition, it is required to delimit the legal statuses of languages and, accordingly, the legal regimes of their use.
In the scientific literature about the term "national language"
(National language) there is an interesting opinion of the candidate of legal sciences Humboldt V. Language and philosophy of culture / Ed. A.V. Gulygi and G.V. Ramishvili. – M.:
Progress, 1985. - S. 348-349.
Humboldt W. Decree. op. – S. 348–349.
In Art. Bondaruk L.V. Scientific discussion: issues of philology, art criticism and cultural studies”: materials of the VII International Correspondence Scientific and Practical Conference.
Part II. (December 10, 2012). - M .: Publishing house " International Center science and education”, 2012.
– P.15.
EAT. Dorovskikh, who believes that "in modern translations legislative acts began to actively use the term "national language" instead of "state language". Such a replacement is unacceptable, since the adjective "national" in the Western European scientific tradition is most often associated with the concept of "state" and not "nation". Otherwise, confusion is inevitable in translation, since in the Russian language there is a stable phrase “national language”, referring to the concept of “nation”1. On this occasion, S.M. Eastman notes that "the term 'national language'
denotes a language that is used by an entire nation rather than by a particular regional or ethnic group. As the language of a cultural community, a social and political community, the national language also plays the role of a national symbol”2. In our opinion, the national language is associated with the nationality of a person, that is, the ethnic identification of a person with a particular nation. A person's belonging to a particular ethnic group is largely laid down by parents, since it is their belonging to identify themselves with the same nationality. At the same time, it should be noted that in scientific world there is no consensus and definition regarding the concept of "native language". Scientists offer various definitions of this term, for example, that the native language is a cognitive means by which an individual thinks about himself3. There is also an opinion that under the native language it is necessary to understand the language that obviously differs from the languages used by the rest of the population of this Dorovskikh E.M. On the issue of distinguishing between the concepts of "state language" and "official language" // Journal Russian law. - 2007. - No. 12. - P. 12.
Zatsepina O., Rodriguez H. Contradictions in US language policy and language values // Solving national and language issues in modern world/ Ed. acad.
E.L. Chelyshev. - M.: SPb.: Zlatoust, 2003. - S. 297.
Languages of the peoples of the Republic of Bashkortostan: Collective monograph / Ed.
T.M. Garipov. - Ufa: Eastern University, 2000. - P. 5.
state, does not have the status of a state language, but is the language of communication for a group of individuals1. Professor V.A. Kryazhkov understands this term as “the first language learned in which a person speaks from childhood, the language of the mother, the language closest to a person, the language that he knows best and uses most often, the language on the basis of which personal identification occurs. A person himself decides which language is his native language, and it is quite possible that these will be two or more languages, and during their life they may change. It seems that the native language, in the context of this study, is a constitutional and legal category, but so far it has not been defined either in federal legislation, or even more so in the Constitution of the Russian Federation. From this position, the relationship between the concepts of "state language", "official language" and "native, national language" is of particular practical interest.
The issue of the state language is controversial, however, this applies to all terms used in the language sphere. Professor A.S. Pigolkin understands the term “state language” as “the language in which the state authorities communicate with the population, “speak” with the citizen. It publishes laws and other legal acts, writes official signs and announcements. It is also the main language of upbringing and teaching in schools and other educational institutions» 3. Linguist Yu.V. Trushkova writes that the state language is one of the varieties of the language of the nation, the corresponding legal status, and from the point of view of communicative Gulin O.R. The right to equality in the context of the linguistic rights of national minorities. - Ufa: RIO BashGU, 2005. - P. 35.
Kryazhkov V.A. Decree. op. - S. 22.
Commentary on the Law "On the Languages of the Peoples of the Russian Federation" / Ed.
A.S. Pigolkin. - M.: Izvestia, 1993. - P. 8.
The function of language is a means of interaction between the state and citizens and vice versa”1.
When defining a particular language as a state or official language in the state, various contradictions may arise. In some legal documents the concept of “language” is defined as a form of communication, for example, in international documents, in particular, the article of the Convention on the Rights of Persons with Disabilities of December 13, 2006 states: “Language includes speech and sign languages and other forms of non-speech languages” 2.
Of particular note is the definition of "language" given in the European Charter for Regional or Minority Languages. As stated in the explanatory report to this document, the concept of "language" used in the Charter is based mainly on the cultural function of language. That is why it is not defined subjectively in such a way as to secure a specific human right - the right to speak "one's own" language, since every person has the right to determine such a language. The Charter also lacks a socio-political or ethnic definition of language, where language is characterized as an instrument of communication of one or another social or national group. Thus, the Charter managed to avoid the issue of defining the concept of a linguistic minority, since the purpose of the Charter is not to secure the rights of national and / or cultural minorities, but to protect and support regional languages or linguistic minorities as such3.
Along with the national language, the concept of "native language" is often used. Legally, the concept of "native language" is not in any legal acts Languages of the peoples of the Republic of Bashkortostan: Collective monograph. – P. 10.
Convention on the Rights of Persons with Disabilities // Collection of Legislation of the Russian Federation. – 2013. Art. 468.
European Charter for Regional or Minority Languages and Explanatory Report. - Strasbourg: Council of Europe Publishing House, 2009. - No. 148. - P. 6. - (European Treaties).
fixed. Its legal understanding can be derived from the analysis and interpretation of the provisions on language, which have been enshrined in the Constitution of the Russian Federation (part 2 of article 19, part 2 of article 26, part 2 of article 29, article 68), the International Covenant on Civil and political rights (Articles 14, 27), the Convention for the Protection of Human Rights and Fundamental Freedoms (Articles 6, 14), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (Articles 2, 4), Framework Convention for the Protection of National Minorities (arts. 5, 6, 9-14, 17), European Charter for Regional and Minority Languages, ILO Convention No. 169 on Indigenous and Nomadic Peoples in Independent Countries (art. 27, 28, 30, 32), the UN Declaration on the Rights of Indigenous Peoples (Articles 8, 13, 14, 16) and special federal laws1.
Law of the Russian Federation dated October 25, 1991 No. 1807-1 “On the Languages of the Peoples of the Russian Federation” defines all the languages of the peoples of the Russian Federation as a “national treasure Russian state". Article 3 of the law uses the wording “equal rights for all languages of the peoples of the Russian Federation”, thus the legislator indicated that a language could be given legal status. The main terminological qualifications of languages include the following: title language, official language, language of the peoples of Russia, language of interethnic communication, one of the world languages, state language, native language.
In the legal acts of the Russian Federation regulating legal relations in the field of the use of languages, the term "native language" is identified with the concept of "national language". If the introductory part of the Federal Law "On the Languages of the Peoples of the Russian Federation"2 (hereinafter - Federal Law No. 1807-1 "On the Languages of the Peoples of the Russian Federation") states that the state throughout the Russian territory Kryazhkov V.A. Decree. op. - S. 22.
Law of the Russian Federation of October 25, 1991 No. 1807-1 “On the languages of the peoples of the Russian Federation” // Gazette of the SND and the Supreme Council of the RSFSR. - 1991. - December 12. - No. 50. - Art. 1740.
Federation contributes to the development of national languages, bilingualism and multilingualism, then further, it should be noted that in the text of the law we do not meet the term "national language", but the phrase "mother tongue" is used. In our opinion, in this case, the legislator uses the concept of "national language"
as a quantitative indicator of the languages of the peoples of the Russian Federation in the meaning of "one language" for connection with the concepts of "bilingualism" and "multilingualism".
Also in Russian legislation, the term "national language"
used in the Federal Law "On National-Cultural Autonomy". In this legal act, the concepts of "national language" and "native language" are identified. For example, consider the title of Chapter 3 of this law - "Ensuring the right to preserve, develop and use the national (native) language" 1.
I must say that this phrase is found throughout the text of the law.
The use of the phrase "national (native) language" by the legislator
seems to us not entirely correct, since the native language does not always coincide with the national language.
The analysis of legal acts revealed that the introductory part of the Law of the Republic of Buryatia dated 10.06.1992 No. 221-XII “On the Languages of the Peoples of the Republic of Buryatia” defines the concept of “language”. This law states that language is the spiritual basis for the existence of any nation. It is the greatest national value2. The preamble to the Law of the Republic of Sakha (Yakutia) "On Languages in the Republic of Sakha (Yakutia)" stipulates that language is a unique value and an integral feature of the nation3. national-cultural autonomy” of June 17, 1996 (as amended on November 30, 2005) No. 74-FZ // Collection of Legislation of the Russian Federation. - 1996. - June 17. - No. 25. - Art. 2965.
Law of the Republic of Buryatia "On the languages of the peoples of the Republic of Buryatia" dated June 10, 1992 // Vedomosti of the Supreme Council of the Republic of Buryatia. - 1993. - No. 5.
Law of the Republic of Sakha (Yakutia) "On languages in the Republic of Sakha (Yakutia)" dated 10/16/1992 // Newspaper "Yakutskiye Vedomosti". - 1992. - November 12 (No. 19).
laws of subjects of the Russian Federation. However, it seems that the definition in the literature of the concept national language is indisputable, since the national language is the language of a particular people and has a sign of primary communication.
Our task is to determine the content of the constitutional and legal status of languages in the constituent entities of the Russian Federation, which, in our opinion, should be understood as a system of rights recognized and guaranteed by the state to preserve, use, develop and protect languages in the constituent entities of the Russian Federation, as well as the obligation of state authorities and local self-government bodies for the observance, protection and development of languages and guarantees the creation of conditions for the implementation of the constitutional right to free choice of the language of communication, education, training and creativity.
As for the content of the concept of the constitutional and legal status of languages in the constituent entities of the Russian Federation, its disclosure must begin with an understanding of the essence of the position of languages in the Russian Federation.
In our opinion, the content of the legal status of languages should be considered both from the standpoint of domestic legislation and the experience of foreign countries.
The status of the state language throughout the world is ambiguous. In particular, in Australia and Oceania, 8 states (52.2%) have one state language, 6 states (42.8%) have two state languages. In Asia, 29 states (76.3%) have one state language, 6 states (15.8%) have two state languages. Three state languages have one state (2.6%), four or more state languages have two states (7.9%). IN North America 21 states (91.3%) have one state language, two states have two (8.7%). IN South America 11 states (91.7%) have one state language, 1 state (8.3%) has two languages. In Africa, 35 states (67.3%) have one state language, 15 states (28.8%) have two, one state has three (1.9%), and one (1.9%) has four or more. In Europe, 40 states (80%) have one state language, five states (10%) have two languages, three states have three (6%), four or more have one (1.9%)1.
constitutional level does not occur in all countries. Currently, out of 180 constitutions, only 22 do not contain any mention of language. 2 In some countries, the regulation of the legal status of languages, as well as their legal regimes, takes place not at the constitutional level, but at the level of other legal acts. In many cases, the official language is established, there are no legal definitions on this issue, very rare 3. There is a wide variety of norms in this area. In particular, the Mexican scientist Diego Valades proposes to classify them into three types: norms that recognize the official language prevailing in the country; norms that allow linguistic plurality, but give each language the opportunity to develop more or less spontaneously; norms establishing state obligations regarding the dissemination, preservation and development of languages of national minorities 4.
Continuing the thought, Diego Valades writes: “The first type includes, for example, constitutions Saudi Arabia, Egypt, Philippines, France, Latvia, Lithuania, Norway, Poland, Portugal and Romania. In this group Gilyazitdinov D.M. International, Russian and republican experience in solving the problem of the status of languages. - Ufa, 2002. - P. 13.
Diego Valades. The language of law and the law of language. – M.: Idea-Press, 2008. – P. 85.
Diego Valades. Decree. op. – S. 85.
Diego Valades. Decree. op. – P. 85–86.
also includes Brazil, Cuba, Honduras - where the state is committed to protecting the purity of the Spanish language and "expanding" its teaching - and Panama. In none of these countries the constitution mentions the linguistic rights of national minorities. A striking example is Brazil, given that two decades ago there were 225 languages, of which 47 have already disappeared and another 25 will soon suffer the same fate. Among the countries that recognize linguistic diversity, the Mexican scholar Diego Valades includes such countries as Austria, Belgium, Slovenia, Finland, Georgia, Haiti, Ireland, Malaysia and Switzerland... measures to protect the linguistic rights of the population, Diego Valades refers to Costa Rica, Russia, the Republic of South Africa, and so on. are relations with the Abkhazians, Ossetians and other national minorities living there.
The question of the choice of the state language in a country with a homogeneous national composition less acute than in a country where many peoples live, therefore, for a multinational country, the role of the state language is much more important, since it is a means of communication and consolidation of representatives of all its peoples. In the Russian Federation, the role of the language of interethnic communication, the integration of society is played by the Russian language, therefore it is logical that in part 1 of Article 68 of the Constitution of the Russian Federation this language is declared the state language of the country. At the same time, the article of the Law of the Russian Federation "On the Languages of the Peoples of the Russian Federation" fixes both Ibid. – S. 86–91.
provisions relating to the legal status, as well as individual elements of the legal regime of languages, which excludes a uniform approach in a multilingual state.
Part 2 of Article 3 of the Law of the Russian Federation "On the Languages of the Peoples of the Russian Federation", which stipulates that the republics have the right to establish their state languages in accordance with the fundamental law of the Russian Federation. It should be noted that this norm establishes the right to determine their state language only in relation to subjects within the Russian Federation that have the status of a republic. The reason for such a legislative establishment is the formation of the subjects of the Russian Federation according to two principles, namely, according to the administrative-territorial and national-territorial division. According to the fair remark of E.V. Kolesnikov, the republican legislator, within the limits of his competence, usually determines both the content and the form of the act, which would take into account national characteristics, as well as local use, preservation, development and protection of the language between the republics of the Russian Federation and other subjects of the Russian Federation.
In this regard, Part 3 of Article 3 of the Law of the Russian Federation “On the Languages of the Peoples of the Russian Federation” is a guaranteeing norm, according to which the constituent entities of the Russian Federation have the right to adopt laws and other regulatory legal acts on the protection of the rights of citizens to freely choose the language of instruction, creativity, communication and education. . It seems that the legal nature of this norm lies in the fact that the subjects of the Russian Federation that do not have the status of republics, in the field of regulating the status of languages, have the right to adopt laws and other legal acts aimed at protecting the rights of Kolesnikov E.V. Peculiarities of normative acts of the type "Fundamentals of legislation of the USSR and Union republics" // Jurisprudence. - 1984. - No. 3. - P. 83.
citizens for the free satisfaction of the rights to education, creativity, communication and education, which are optional rights in the language sphere, derived from the dominant constitutional norms that determine the main content of the constitutional and legal status of the languages of the subjects in the Russian Federation. It turns out that the norm of part 3 of article 3 of the said law regulates special rights in relation to guaranteeing languages in one or another subject of the Russian Federation.
Based on the foregoing, it should be noted that Part 3 of Article 3 of the Law of the Russian Federation “On the Languages of the Peoples of the Russian Federation” contains both constitutional rights to the free choice of the language of communication, and legal regimes for the use of the state and native languages, as well as the legal regime of education, training and creativity. In our opinion, it is necessary to carefully approach the study of part 4 of article of the said law, where the legislator determined that in the territories of compact residence, mainly the main population, who do not have their own national-state and territorial entities, along with the state language of Russia and the established languages of the republics in the spheres of official communication, the language of the population of the area with the characteristics of the territory of compact residence can be used. A feature of this legislative structure is that the right to regulate the use of languages in such areas is determined by federal and regional legislation.
At the same time, from the content of this norm, the tools for determining the compact residence of the population of a particular people are not entirely clear.
It seems that this legal norm is primarily aimed at regulating the status of the languages of the peoples of the constituent entities of the Russian Federation, which are defined in the legislation of the Russian Federation as indigenous peoples of the Russian Federation. In Article 1 of the Federal Law "On Guarantees of the Rights of Indigenous Peoples of the Russian Federation", these peoples are understood as "peoples living in the territories of traditional economy and crafts, numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities." Based on this definition and implementing the aforementioned law, the Government of the Russian Federation has compiled a unified list of indigenous peoples of the Russian Federation, which includes 43 indigenous peoples of the Russian Federation who live in approximately 30 constituent entities of the Russian Federation. Also, this norm is aimed at regulating the status of the languages of peoples living compactly in territories that do not have the status of an independent subject of the Russian Federation, but also do not belong to the category of small peoples of the Russian Federation. In this situation, attention is drawn to the position of the regions as subjects of the Russian Federation, since the process of unification of the subjects of the Russian Federation that has begun increases their number, while reducing the number of the Russian Federation, like the Trans-Baikal Territory, which included the Chita Region and Aginsky Buryatsky autonomous region. Part Krasnoyarsk Territory In addition to the Krasnoyarsk Territory itself, the Taimyr (Dolgano-Nenets) Autonomous Okrug and the Evenk Autonomous Okrug were included, Kamchatka Krai included the Kamchatka region and the Koryak Autonomous Okrug, and the Perm Territory formed Perm region and Komi-Permyatsky Autonomous Okrug2. Among the languages that include the norms of the analyzed part, we can include the national language of the Komi-Permyaks, who, according to the 2010 census in Kochev V.A. Review of the book: Kryazhkov V.V. Indigenous peoples of the North in Russian law. M., 2010. 560 p. // State and law. - 2011. - No. 1. - P.117-119.
Buryanov V.F., Kochev V.A. On the formation of a new subject of the Russian Federation Perm Territory// Scientific notes of the Faculty of Law of St. Petersburg GeF. – 2005. Issue. 1 (12). - P.72-79.
In the Russian Federation, there are 94,456 people1, thus, given the quantitative indicator, according to Russian legislation, this group cannot be attributed to small indigenous peoples. In this case, one should agree with the opinion of R.Sh. Garipov, who believes that the sign of the small number of indigenous people does not meet international standards2. At the same time, it should be noted that the issue of regulating language relations in densely populated areas is effective at the local (municipal) level, but there are certain problems at this level as well.
In particular, the analysis of Part 4 of Article 3 of the Law of the Russian Federation “On the Languages of the Peoples of the Russian Federation” showed that this law does not contain the powers of local governments to preserve and develop languages, while such powers are available in Federal Law No. 131 “On general principles organizations of local self-government in the Russian Federation”. Thus, from the content of this norm it follows that these legal relations are regulated at the level of the federation and the constituent entities of the Russian Federation, while the level of local self-government and the competence of municipal authorities in this part are not fixed. Meanwhile, in paragraph 7.2 of Article 14 of the Federal Law of 06.10. No. 131-FZ "On the general principles of the organization of local self-government in the Russian Federation" to the question local importance includes the preservation and development of the languages and cultures of the peoples of the Russian Federation living in the territory municipalities. Thus, the fact that local governments have the authority to develop languages proves the need to amend Article 3 of the Law on the Languages of Peoples. state service statistics. - M.: IIC "Statistics of Russia", 2012. - S. Garipov R.Sh. Indigenous Peoples in Russia: Guarantees of Rights and Freedoms // Journal of Russian Law. - 2012. - No. 6. - P. 68.
Russian Federation. In this regard, the dissertation proposes to supplement part of Article 3 of Law No. 1807-1 on the languages of the peoples of Russia with the phrase "and legal acts of local governments" and state it in the following wording:
4. The procedure for the use of languages in such areas is determined by the legislation of the Russian Federation, the subjects of the Russian Federation and the regulatory legal acts of local governments.
With regard to part 5 of Art. 3 of the Law on the Languages of the Peoples of the Russian Federation, it is necessary to note the recognition and guarantee by the state of the equal rights of the peoples of the Russian Federation to languages, to their preservation and development. However, the facts say otherwise, namely that economic and political factors impede the process of creating conditions for the preservation, development, use and protection of languages in the constituent entities of the Russian Federation. It is not surprising that the European Charter for Regional or Minority Languages has not yet been implemented into the legislation of the Russian Federation, and many provisions relating to the protection of languages continue to be declarative, which, in turn, does not reduce the burden on public authorities in terms of resolving interethnic disputes.
In particular, various reasons are stated, the main of which is the financial impossibility to create conditions for the development of all languages due to the volume of nationalities living in the territory modern Russia. The data of the 2010 All-Russian Population Census show that approximately 180 nationalities live in the Russian Federation1.
The impossibility of supporting all the languages of the peoples of the Russian Federation and the failure to comply with the guaranteeing norms is also manifested in the document of the researcher Eduardo Ruiz, devoted to the prospects for ratification of the Regional Charter.
languages of Russia. In his study, he writes: A large number of languages of Russia is under serious threat of extinction, while others are in the irreversible process of extinction”1. Thus, the effective regulation of public relations in the language sphere should now be the subject of close attention from federal and regional government bodies, the duty of officials responsible for implementing the issues of national and cultural content of the constitutional and legal status of languages in the subjects of the Russian Federation .
Based on the foregoing, it seems possible to formulate the following conclusions and proposals:
Legal statuses of languages in various countries are not identical and depend on the historical, traditional, political, economic and legal development of the country, while raising questions about the choice of the state language in a country with homogeneous multinational states.
2. The constitutional and legal status of languages in the subjects of the Russian Federation is expressed in the totality of regulatory legal provisions, constitutional, federal laws and legal acts of subjects within the Russian Federation, guaranteeing the right to preserve, develop, use and protect the state and other languages of the peoples of the Russian Federation.
Ruiz Eduardo. Minority languages of the Russian Federation. Perspectives for a ratification of the European Charter of Regional and Minority Languages. – Barcelona: Mercator Working, 2002. – P. 45.
3. In order to improve the legislative guarantees for the preservation, development, use and protection of languages, it is proposed to amend Article 3 of the Law on the Languages of the Peoples of the Russian Federation due to the lack of regulatory consolidation of the powers of local governments to develop languages. In particular, it is proposed to supplement Part 4 of Article of the Law on the Languages of the Peoples of the Russian Federation with the phrase “and legal acts of local governments”, since this regulatory model will contribute to the development of the powers of local governments in the field of preserving, developing and supporting the languages of peoples living both within the borders of national -territorial formations, and beyond, in places of compact residence of citizens.
§ 2. Principles of conservation, development, use and protection Legal status languages of the constituent entities of the Russian Federation should be strengthened both by general legal and specific principles of protection, study, development and use of languages, since without the normative consolidation of principles in the area of public relations under study at the legislative level, there is a danger of a conflict of interests, primarily of public groups, especially in multinational states.
The basic principles for the implementation of the right to languages are set out in various normative acts. In particular, the European Charter for Regional or Minority Languages has become the main international document aimed at stopping or at least slowing down the processes leading to the disappearance of small languages1. This legal document is entirely devoted to the legal status of languages. It develops the main linguistic principles in relation to regional or minority languages, which in part 1 of article 1 of the Charter are defined as languages “traditionally used in a particular territory of the state by citizens of the respective regions, personifying a national group of people numerically smaller than the other population of the state” , and different from the official language of that State. It should be noted that this definition has an interesting addition, which states that these languages are not See: Kazakevich O.A. Support for small languages using information and communication technologies: foreign experience // Representation of the languages of the peoples of Russia and the CIS countries in the Russian segment of the Internet: Seminar of the Russian Committee of the UNESCO Information for All Program and the Interregional Center for Library Cooperation within the framework of the International Conference "Eva 2007 Moscow": Collection reports / Comp. and scientific
editor: E.I. Kuzmin, E.V. Plys. - M.: Interregional Center for Library Cooperation, 2008. - P. 17.
incorporate neither the dialects of the official language of that State nor the languages of persons who are migrants.
This document is based on the fundamental principles contained in Article 7 of Part II of the European Charter for Regional or Minority Languages, namely: Administrative division did not create obstacles to the development of a particular regional or minority language; c) the need for active actions and solutions to support regional or minority languages for their subsequent preservation; d) promoting and/or encouraging the use of regional or minority languages in written and spoken language, in personal life and social activities; e) the maintenance and development of links within the scope of this Charter between groups using regional or minority languages and other groups in States where the language is used in an identical or similar form, as well as the formation of cultural relationships with other national groups in the State using other languages; f) provision of forms and means in accordance with the law for the study of regional or minority languages in the process of teaching at all levels of the educational process; g) making it possible for persons who do not speak the regional or minority language and live in the area where it is used to learn and use it if they so desire; h) assistance in the research and study of regional and minority languages at the level of universities or equivalent educational institutions; i) creating conditions for various kinds international exchanges in the European Charter for Regional or Minority Languages and explanatory report.
languages covered by the European Charter, in relation to regional or minority languages used in identical or similar forms on the territory of two or more states1.
Membership in the Council of Europe and a number of other objective circumstances give us the opportunity to talk about the factors that do not allow the Russian Federation to ignore the provisions of this international document. This point of view follows directly from paragraph "a" of Article 18 of the Vienna Convention on the Law of Treaties. This rule states that a State is under an obligation to refrain from acting that would deprive a treaty of its object and purpose if it has signed the treaty or exchanged instruments constituting the treaty, subject to ratification, acceptance or approval, until it has clearly expressed its intention not become a party to this agreement. In his speech dated July 31, 2008 in Geneva, the head of the delegation of the Russian Federation M.A. Travnikov said during the 73rd session of the Committee on the Elimination of Racial Discrimination: “We are paying the most serious attention to this issue. In addition, in partnership with the Council of Europe, preparations are underway for the ratification by Russia of the European Charter for Regional or Minority Languages”3.
In this context, for Russia, the above-mentioned international principles are also a fundamental basis for the constitutional and legal status of the languages of the constituent entities of the Russian Federation. This conclusion follows from the meaning of Part 1 of Article 1 of the Law of the Russian Federation “On the Languages of the Peoples of the Russian Federation”, according to which the legal regulation in the field of linguistic relations is the European Charter for Regional or Minority Languages and an explanatory report. – P. 15.
Vienna Convention on the Law of International Treaties of May 23, 1969 // Bulletin of the USSR Armed Forces. - 1986. - September 10. - No. 37. - Art. 772.
Official website of the Ministry regional development RF Electronic resource. – Access mode: URL: http://www.minregion.ru/OpenFile.ashx/Travnikov_repot.doc?AttachID=17 (date of access: 05/17/2011).
is based on the Constitution of the Russian Federation, universally recognized norms and principles international law, international treaties of the Russian Federation, special laws governing public relations arising from the use of languages, as well as other federal laws and legal acts of Russia and the laws of the constituent entities of the Russian Federation.
As for the content of the constitutional and legal status of languages in the constituent entities of the Russian Federation, it is based on general legal principles that are contained in the Basic Law of Russia. Thus, within the meaning of part 3 of article 5 of the Constitution of the Russian Federation, the federal structure of the Russian state is based on its state integrity, the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, the equality and self-determination of peoples in Russian Federation. According to the professor, an independent and unified state with a more complex system of relations between the center and individual subjects”1. At the same time, the individual's awareness of his community with the state loses that shade of dominance of "pure"
ethnicity, which for an individual in certain situations can be more significant and status than citizenship itself2. In our opinion, through the principle of equality of peoples, the principle of linguistic equality should also be recognized, since language is one of the main features of a particular people.
in relation to languages is the principle of inalienability, enshrined in Avakyan S.A. Constitutional law of Russia: Training course. - M.: Jurist, 2006. - P.24.
Khabibullin A.G., Rakhimov R.A. State Identity as an Element of the Legal Status of a Personality // State and Law. - 2000. - No. 5. – P.11.
Part 2 of Article 17 of the Constitution of the Russian Federation, which means that not a single person or an entire nation, for any reason, can be deprived constitutional rights communicate in the national language. This principle follows from the legal nature of natural human rights, which are given from birth and cannot be alienated by anyone.
Part 3 of Article 68 of the Constitution of the Russian Federation stipulates that the Russian Federation guarantees to all its peoples the right to preserve mother tongue, creating conditions for its study and development. From this norm it follows that the principle of guaranteeing language development is enshrined in the basic law of the state. That is, the Russian Federation has assumed the responsibility to contribute to the preservation, study and development of languages as much as possible.
The principles of language development and legislative consolidation are very important in terms of regulating national relations and establishing a certain legal status for a particular language. Studies of problems related to the status of languages in Canada, Belgium, Finland and Switzerland show that some conflicts can be partially neutralized if the following conditions are met: the principle of territoriality should be limited to a few key areas, such as administration and education;
the institutional multilingualism that is emerging should lead to the creation of independent monolingual networks that provide equal communication opportunities for the minority and the majority. These networks must also eliminate language discrimination; language planning measures should not be based solely on the language census carried out by the respective governments. Rather, authorities should sincerely take into account the situational and contextual characteristics of language groups; a group of linguistic minorities in a multilingual country should not be judged primarily on quantitative grounds. On the contrary, they should be endowed with greater rights and opportunities for development1. In this context, it stands out according to which the “regional or minority language”, which is referred to in the Charter of Regional Languages, in our opinion, should be considered with a certain degree of conventionality and in two aspects. The basis for highlighting such aspects is the belonging of speakers of national languages, that is, all the peoples of the Russian Federation, in the first aspect to the category of autochthonous peoples of the Russian Federation and in the second aspect - to the category of peoples who historically, that is, traditionally, did not live in the Russian Federation, therefore, are not autochthonous (indigenous) peoples.
The definition of "regional or minority languages", which is contained in paragraph "a" of Article 1 of the Charter of Regional Languages, in the Russian Federation should be understood as all the national languages of the autochthonous peoples of the Russian Federation, i.e., speaking of the languages of autochthonous peoples, in our opinion , you need to adhere to the logic of M. Stephens, who is quoted in his writings by Doctor of Philology A.E. Pavlenko, who notes that: “Languages of primordial, and in some cases, autochthonous groups of the population or such communities, in respect of which it is known for sure that they were the“ first ”occupied the territory in which they live at the moment”2.
A similar issue has been addressed in a number of other studies. In particular, Doctor of Philology T.G. Borgoyakova writes that “there is a point of view according to which minority languages (minority languages or less used languages) in Russia should include the languages of those indigenous peoples whose population does not exceed 50 thousand citizens, Nelde P.H., Labrie N. and Williams C.H. The Principles of Territoriality and Personality in the Solution of Linguistic Conflicts // Journal of Multilingual and Multicultural Development. - 1992. - No. 13(5). - P. 387-406.
Pavlenko A.E. Regional language and its status (on the material of the language situation in lowland Scotland). - St. Petersburg: Nauka, 2003. - P. 90.
living in the territories of their traditional settlement. The ethnic groups of this category are subjects of legal regulation that guarantee the basic rights of indigenous peoples. It is these minority languages that are represented in the Red Book of the Languages of the Peoples of Russia, which contains information about the languages of 63 small ethnic groups. The remaining minority languages of the Russian Federation, even if they are endangered, are not beneficiaries of this law and are not included in the Russian Red Book of Languages mentioned above. At the same time, some of them were included in the UNESCO Red Book of Endangered Languages. Thus, the Khakass language is referred in this book to the group of endangered languages. The arbitrary choice of a criterion of 50,000 people for classifying a people as indigenous and small seems to be unreasonable and is used only in Russia.
Even less convincing and justified is the use of this minority”1.
living in the Russian Federation, in our opinion, can be considered “regional or minority languages” in the Russian Federation according to the European Charter for Regional or Minority Languages. We do not include the national languages of peoples that have historical roots in the territories of other sovereign states as such languages. That is, their presence and residence in the Russian Federation is associated with migration processes, and this process could take place both in the recent past and in a more distant historical period. In this case, we proceed from the explanatory report to the Charter, which states that “it is not the task of the Charter to solve the problems that have arisen Lately in connection with the migration Borgoyakova T.G. Decree. op. – P. 4.
processes1 that result in countries of destination, and sometimes countries of origin, when migrants return there, groups of the population using a foreign language appear. In particular, the Charter does not apply to groups of immigrants from non-European countries who have recently arrived in Europe and have received the citizenship of one or another European state. The wording used in the Charter – “historical regional or minority languages of Europe” and “languages which… are traditionally spoken” within the territory of the State (Article 1(a)) – clearly indicate that the Charter covers only historical languages, that is, those that have been spoken for a long period in a given state” 2.
The same logic is present in the following provision: “The Charter does not offer any protection for non-indigenous inhabitants of European countries. This means, for example, that Cantonese speakers in Northern Ireland or Turkish in Germany or Arabic in France cannot realistically claim protection under this International Covenant. In essence, this Charter excludes the languages of migrants and non-ethnic Europeans from its terms of reference, which in turn ignores the real extent of linguistic and cultural diversity in the territory of Europe”3. An interesting idea on this issue was expressed in his scientific article by the candidate of historical sciences S.V. Sokolovsky and Doctor of Historical Sciences V.A. Tishkov. In their study, they write:
“The Charter is aimed at protecting the languages traditionally used on the territory of states (they are also called autochthonous or indigenous), and not dialects Stepanov A.V., Telegin A.S. Legal regime of stay of foreigners in the Russian Federation: some problems of development // Bulletin of the Perm University. Legal Sciences. – 2003. Issue. 3. - S. 52-61.
European Charter for Regional or Minority Languages and Explanatory Report. – P. 9–10.
Nic Craith M. Facilitating or generating linguistic diversity: European Charter for regional or minority languages // Hogan-Brun G. and Wolff Stefan. Minority languages in Europe Frame works, Status, Prospects. - Palgrave Macmillan, 2003. - P. 59.
official languages and non-languages spoken by recent migrants. Thus, the majority of linguistic communities, whose languages cannot be classified as the languages of Russia, are excluded from the protection of the Charter, despite the fact that a significant part of them are taught in Russian schools as a subject, or they are taught. Nevertheless, this issue of the principle of differentiation of the statuses of languages is debatable, but it is essential for the prospects for ratification of the Charter. A number of languages are used by population groups that may well be considered autochthonous inhabitants of the Russian Federation and who are numerically categorized as the largest "peoples" or "minorities". These are Ukrainians, Belarusians, Azerbaijanis, Armenians, Georgians, Kazakhs, Latvians, Turkmens, Tajiks, Kyrgyz, Uzbeks, living in Russia mainly dispersed or in small urban and rural enclaves. Rostov Armenians, Stavropol Turkmens, Orenburg Kazakhs, Siberian Germans, Poles and Latvians, Moscow Georgians, not to mention Ukrainians and Belarusians, have been living in Russia for several centuries. In the last two decades, these groups have been replenished with new migrants, who in some cases today make up a significant part and even the majority of these communities (Azerbaijanis, Armenians, Georgians, Tajiks, Kyrgyz, Uzbeks, Moldovans)”1.
The principle of a differentiated approach to the status of "regional or minority languages", the concepts of which are contained in the European Charter for Regional or Minority Languages, and the definition of the concept "state languages of the constituent entities of the Russian Federation", enshrined in domestic legislation, in our opinion, proceed from the logic that the concept of "state languages of the constituent entities of the Russian Federation" is included in the meaning of the term "regional language or minority language", which is stated by Sokolovsky S.V., Tishkov V.A. European Language Charter and protection of linguistic rights in Russia // European Language Charter and Russia. - M.: IEA RAN, 2010. - Issue. 218. - P. 6.
in the European Charter. At the same time, the Russian model of linguistic diversity lies in the constitutional provisions of Article 68 of the Basic Law of our state and in the norms of Article 3 of the Law of the Russian Federation "On the languages of the peoples of the Russian Federation", which establish that the state language of the Russian Federation throughout its territory is Russian. Part 2 of Article 68 of the Constitution of the Russian Federation states that subjects with the status of a republic have the right to establish their own state languages. In public authorities, local governments, state institutions of the republics, they are used along with the state language of the Russian Federation. Based on federal law, almost all national republics declared on their territories the official languages, in addition to the Russian language, the languages of the autochthonous peoples of these republics.
Coincidence of the concept of "regional or minority languages" and the concept of "state languages of the subjects of the Russian Federation"
in relation to the scale of the Russian Federation follows from the logic that 22 republics of the Russian Federation are among the 85 regions of the Russian Federation, and, therefore, the state-official languages of the republics on a national scale are regional languages of the Russian Federation. In this terminology, it should be clarified that the phrase "regional language"
cannot be separated from the concept of "minority languages", which is given in the European Charter, since, in our opinion, the logic of the document is spelled out in such a way that these concepts are synonymous and do not distinguish two different statuses for languages, therefore the state languages of the constituent entities of the Russian Federation with their speakers , which are a minority compared to the numerous Russian people, can be defined in the terminology of the Charter as "regional or minority languages".
Concerning this topic, Doctor of Philology T.G. Borgoyakova writes the following: “The languages of the peoples of Russia, which have their own national state formations, are sometimes proposed to be called regional.
Perhaps this is due to the name of the European Charter for Regional or Minority Languages, in which some of our researchers put a slightly different understanding. They believe that we are talking about two types or groups of languages - regional languages and minority languages. In fact, we are talking about the languages \u200b\u200bof national minorities, which are called differently in different countries. So, for example, in France the term “national minority” and, accordingly, “minority language” are not used, and such languages are called regional languages”1. In support of this example, the researcher cites the words of D.O. Riagan, who notes:
“France could never recognize the presence of a German national minority on its own territory, but it can recognize the presence of the Alsatian variant German language as one of the regional languages of an indivisible state”2.
In the same context, the meaning of the provisions of the European Charter for Regional or Minority Languages is defined: “In the Charter, unlike many OSCE documents and the Framework Convention for the Protection of the Rights of Minorities, the concepts of “minority” or “national minority” are not used, but the terms “regional languages ” and “minority languages” are treated as equivalent, forming a single concept “regional or minority languages”, used throughout the text of the Charter to designate the main object of protection. Essential concepts within the framework of the Charter, delimitation to officials, are the concepts of “regional languages” (alternatively referred to as Borgoyakova T.G. Decree. cit. - P. 4.
in some states as minority languages) and “non-territorial languages”1.
Considering this issue, A.E. Pavlenko writes: “In this regard, it seems appropriate to take into account some of the key provisions of the European Charter, a document reflecting a modern approach to the problem. Although at present in the countries of the European Community preference is given to the term "lesser used language" ("small language", literally "less widely used language"), negative connotations, it can be recognized that if they are used in scientific everyday life only as technical terms, then the issue of connotations can be ignored. Therefore, despite the fact that the terms “regional language” and “minority language” are vague and far from precise, they can be used, since they have already managed to gain a foothold”2. In recent decades, anthropologists and terminology for the unofficial, non-state languages of Europe. Terms such as "underused", "marginal", "less widely used" have been proposed. The difference between "language", "minority language" and "dialects" is important both in a political sense and in everyday life3.
Western researchers avoid using the term "minority" and, consequently, the expression "language of a national minority." Preference is instead given to the "regional language", which corresponds to the categories, Sokolovsky S.V., Tishkov V.A. European Language Charter and protection of linguistic rights in Russia // European Language Charter and Russia. - M.: IEA RAN, 2010. - Issue. 218. - P. 5.
Pavlenko A.E. Decree. op. – S. 91.
Broadbridge J. The Ethnolinguistic Vitality of Alsatian-speakers in Southern Alsace" in German Minorities in Europe: Ethnic Identity and Cultural Belonging / Ed. S. Wolff. – Oxford and New York:
Berghahn, 2000. - P. 47-62.
commonly used in political debate. In the scientific world, the term “minority languages” is also used, which, in our opinion, coincides in meaning with the concept of “minority languages”, and the term “minority” is nothing more than a lexical device of translation. If you turn to the philological literature, you can find several methods for translating foreign words, for example: transcription and transliteration, tracing, lexico-semantic substitutions, concretization, generalization, modulation or semantic development2.
For this reason, the use of scientific environment the term "minority"
redundant, as there is a full translation. Analyzing the applications of transliteration, it is necessary, in our opinion, to understand the importance of conveying this specificity. If this is not required, then the use of this technique turns into an abuse of foreign borrowings, which, in our opinion, clogs the Russian language. Unfortunately, today this process is proceeding at a high speed, and in the future it will be necessary to put up a barrier to this process, starting first of all with the adoption of certain legal norms.
Regarding the category of “minority” and its relationship with the concept of “language”, F. Green argues in his writings, who writes: “Language is certainly one of those properties with respect to which a person can be “in the majority”
or "in the minority", whether this property has a meaning or not, the degree to which it is actually formed - a person's perception of himself and (or) his being, by which he is perceived by others, is a question"3. Also in his book, he cites Francesco Capotorti's 1979 definition of "minority" for the United Nations: "Group, Grin F. Language Policy Evaluation Charter for regional or Minority Languages. - Palgrave Macmillan, 2003. - P. 20.
Komissarov V.N. Theory of translation (linguistic aspects): Proc. for in-t and fact. foreign
lang. - M .: Higher. school, 1990. - S. 34.
Grin F. Op. cit. – P. 19.
smaller than the rest of the population of the state, which is in a non-dominant position, while being subjects of the state, has ethnic, religious, and / or linguistic characteristics that differ from the rest of the population, and is supported by solidarity aimed at preserving their culture, traditions, religion or language."
The following point of view deserves attention on this issue: “Although the charter was developed for minority languages, it does not contain a definition of “minorities”.
This integrated approach has stymied many organizations due to differences in understanding of the term not only from West to East, but also from region to region. In the majority, but they were denied access to privileges and power. The main feature of the minority is the lack of access to power, which is often (but not always) applied on the basis of numerical and sometimes supposedly "cultural inferiority"2. If any of the rights included in the general system do not “work”, then social relations are deformed, which causes an imbalance social system 3.
Despite the different interpretations and understanding of the definitions in relation to the European Charter for Regional or Minority Languages, when applying this document, one must proceed from the positions voiced in his report by the Secretary General of the Council of Europe in PACE: “The application of the Charter is carried out on the basis of the friendly and reasonably necessary coexistence of state languages and regional or minority languages. They are perceived as reinforcing each other in the context of multilingualism and cultural pluralism, rather than existing in opposition to the Ibid.
Nic Craith M. Op. cit. – P. 60.
Human rights and the legal social state in Russia // Otv. ed. Doctor of Law E.A. Lukashev. – M.: Norma, Infra-M, 2014. – P.182.
or competition. This approach requires people to have sufficient confidence in their own identity in order to take a positive stance towards other cultural personalities.
As for the criteria for establishing this or that legal status of a language, various principles are proposed. For example, for the legal consolidation of a language with the status of "state language", a variety of principles are taken: authenticity, or authenticity - preference is given to indigenous, autochthonous languages; uniformity - preference is given to only one language; diversity, or variety, - many languages are preferred; Distinctivity, or peculiarity - preference is given to languages that are special (unique) for society; universality - preference is given to languages that have the greatest prevalence; stability - preference is given to languages with an already established linguistic status; radicalism - the language policy is aimed at raising the status of ethno-linguistic groups that are infringed on their rights; definitiveness, or certainty, - the language policy is built in such a way that alternative solutions to language problems are not allowed; voluntariness, non-coercion; modernization - preference is given to languages with a developed vocabulary and rich literature; populism - preference is given to languages that are in mass demand, rather than salon or elite ones; prestige - languages that have high status; tolerance, or toleration, - Official.website.of.the.Council.of.Europe. Electronic resource. – Access mode: URL:
http://assembly.coe.int/Documents/WorkingDocs/Doc10/EDOC12300.pdf 04/11/2010).
language policy avoids actions that may cause a reaction of rejection or give rise to centrifugal tendencies 1.
At the same time, the practice of implementing the principles of the use of state languages in some subjects of the Russian Federation raises many questions. In particular, in the Resolution of the Constitutional Court of the Russian Federation of November 16, 2004 No. 16-P2 on the case of checking the constitutionality of the provisions of paragraph 2 of Article 10 of the Law of Tatarstan "On the Languages of the Peoples of the Republic of Tatarstan" on the basis of paragraph 2 of Art. 6 of the Law of Tatarstan “On Education”, the Novo-Savinovsky District Court of Kazan refused to satisfy the appeal of citizen S.I. Khapugin, filed by him in the interests of his young son, to recognize as illegal the actions of the head of the regional department of education of the Novo-Savinovsky district of Kazan, whose order established the obligation to study the Tatar language in an equal amount with the Russian language, and the Vakhitovsky district court of the city of Kazan - to satisfy the claim for recognition invalid in the same part of the basic curriculum of educational institutions, approved by the Ministry of Education of the Republic of Tatarstan.
According to S.I. Khapugin, since the legal provisions used in his case and the corresponding part 2 of Art. 9 of the Law of Tatarstan dated July 28, 2004 "On the state languages of the Republic of Tatarstan"
oblige students in educational institutions with the Russian language of instruction to study the Tatar language in a large volume, for them - subject to certain maximum teaching load and the mandatory minimum content of educational programs - the possibility of Ilishev I.G. Language and politics in a multinational state. - Ufa: Kitap, 2000. - S. 13-14.
Decree of the Constitutional Court of the Russian Federation of November 16, 2004. // Collection of Legislation of the Russian Federation. - 2004. - No. 47. - Art. 4691.
in-depth study of other disciplines of the curriculum, as well as the development of optional subjects. Thus, S.I. Khapugin believed that the citizens of the Russian Federation living in Tatarstan are placed in an unequal status in terms of exercising the right to education.
In the request, the State Council of the Republic of Tatarstan asked to consider the compliance with the basic law of the provision of the Law on the Languages of the Peoples of the Russian Federation, according to which in Russia the alphabets of the official language of the Russian Federation and the state languages of the republics are built on the graphic basis of Cyrillic; other bases of the alphabets of the state language of the Russian Federation and the state languages of the republics may be established only by federal laws.
In its decision, the court explained that “the introduction on the territory of Tatarstan of studying the Tatar language as the state language in general educational institutions of Tatarstan does not in itself violate the right of everyone to a free choice of the language of education and upbringing (Article 26, Part 2) and the right to education, fixed by the Constitution of the Russian Federation (Article 43), as well as the ensuing right of parents or legal representatives in accordance with the law to choose an educational institution with a particular language for teaching and raising children (clause 3, article 8 of the Law of the Russian Federation "On the languages of the peoples of the Russian Federation"), the right to receive basic general education in the native language (clause 2, article 6 of the Law of the Russian Federation “On Education”), is consistent with the principle of state policy in the field of education, as the protection and development of relevant national cultures by educational authorities, cultural traditions and features in the conditions of a multinational state, and meets the requirement for the content of education - to promote the development of cooperation between people, peoples, regardless of ethnicity, nationality (clause 2, article 2, clause 4, article 14 of the Law of the Russian Federation "On Education") " . Thus, citizens living in Tatarstan who do not speak the Tatar language are guaranteed to study it.
At the same time, the regulation of the use of the Tatar language as the state language, its development, study (teaching) and protection within the framework of basic general education as a compulsory discipline should be carried out without prejudice to the use and assimilation of the Russian language as state standards taking into account the fact that, unlike the Russian language, the Tatar language is not officially used in other subjects, contributing to the violation of the principles of equality of rights and freedoms of a person and a citizen guaranteed by the Constitution of the Russian Federation when citizens of Russia bear equal duties throughout its territory, especially in terms of exercising the right to education and the rights to preserve, develop, use and protect languages (Part 2, Article 6; Part 2, Article 19; Articles 43 and 68). According to A.S. Avtonomov, in Russia they strive to create conditions that allow any person to receive an education in their native language. True, there is a natural limitation on the way to this ideal. From the point of view of N.S. Cooper of modernization processes and reforms, may come into conflict with the national-historical traditions in the field of education, lead to the loss of what has been achieved.2 In the opinion of Yu.A. Tikhomirov, the tendency of state nationalism is manifested, when the national culture, language, but also the old and new disputes are aggravated and Avtonomov A.S. Legal ontology of politics. – M.: Inograf, 1999. – P.261.
Bondar N.S. Legal education as a constitutional value: a combination of public and personal principles // Humanist of the South of Russia. - 2013. - No. 3. - P.105.
multinational Russian people.
As for the court decision, it should be noted that, firstly, the court used in its decision the original term “official language”, the use of which, in our opinion, is not entirely justified, since there is no mention of about the official language. Also in "official language" and "state language". Some authors, such as V.E. Krutskikh, equate the concepts of “state” and “official language”, in particular, they write that “the official language is the main language of office work, education, and so on. There is an opinion in the legal literature that in most states, including Russia, the concepts of “state language” and “official language” are completely the same”3. In our opinion, the legislators of some countries adhered to this point of view, since their legal documents do not contain the term “state language”, but only “official language”.
A different point of view is held by the candidate of legal sciences E.M. Dorovskikh, who writes: “In our opinion, these two terms are close, but not synonymous. So, back in 1953, UNESCO experts proposed to distinguish between these two concepts and developed their definitions.
Tikhomirov Yu.A. Comparative Law Course. - M.: Publishing house NORMA, 1996. - P.12.
Berlyavsky L.G., Kolesnikov E.V. Legislative framework for counteracting xenophobia and anti-Semitism in the Soviet state (1917-1939) // History of State and Law. – 2013. P.12.
Legal Encyclopedic Dictionary / Ed. V.E. Krutskikh. - M.: INFRA-M, 2001. - S. 277.
"State language" (national language) - a language that performs an integration function within the framework of a given state in the political, social and cultural spheres, acting as a symbol of this state; "official language" (official language) - the language of public administration, legislation, legal proceedings" 1. In continuation of the thought of E.M. Dorovskikh notes that “the main difference between the state language and the official language is “its position as a symbol of the state (along with the flag, coat of arms, anthem), emphasizing its connection with a certain national statehood, with a specific ethnic group, and treating it as a national treasure” 2. Thus, it is necessary to distinguish between the concepts of “state language” and “official language”, since these categories are not of the same order.
Secondly, it follows from the court decision that the language is connected only with the principle of protecting the rights and developing the education system of ethno-national cultures, historical and ethnic traditions. In this regard, Dr. political science I.G. Ilishev believes that “language is the most powerful social means of uniting people into ethnic groups. Territory, religion, culture and economic interests play their enduring role in the formation of national identity, but it is the language that best expresses the idea of collectivity and gives the features of a mental, spiritual community to a community of individuals”3. It is difficult to disagree with this, however, the formation of national identity may be accompanied by Dorovskikh E.M. To the question of the distinction between the concepts of "state language" and "official language". - P. 12.
There. - From 13.
Ilishev I.G. Decree. op. – P. 3.
processes of multiculturalism1, obviously unacceptable in Russia, according to the Chairman of the Constitutional Court of the Russian Federation V.D. Zorkin.
Art. 68 CRF:
1. State. Russian is the language of the Russian Federation throughout its territory.
2. Republics have the right to establish their state. languages. In the OGV, OMS, state. institutions of the republics, they are used along with the state. Russian language.
3. The Russian Federation guarantees to all its peoples the right to preserve their native language, to create conditions for its study and development.
Part 2 Art. 26 CRF: Everyone has the right to use their native language, to freely choose the language of communication, upbringing, education and creativity.
Speaking with social point of view as a feature of the nation, and from the other point of view - as one of the symbols of the state, recognition of def. state language reflects nat. the nature of statehood. Moreover, Mr. language indicates the dominance of def. (most often the titular, i.e. giving the name to the state) nation. In states with approximately equal representation of different nations, 2 or even 3 state are used. language.
State-terr. the status of subjects formed by nat. sign, requires recognition as the state language of the titular nation of the subject - this determines the right of the republics to introduce a second state language. language is the language of the republic.
Etc. regulation of languages at the same time aims to ensure the rights of non-titular nations to preserve their own language as part of their culture; this is ensured by a number of other guarantees, incl. recognition in cases established by law of the language of a compactly residing nation ofic. language. The use of state language, in contrast to the official., Mandatory in all official. spheres.
The status of the Russian language as a state language language provides for the mandatory use of it in areas, def. this Federal Law, other Federal Laws, the Law of the Russian Federation "On the Languages of the Peoples of the Russian Federation" and other regulatory legal acts of the Russian Federation, its protection and support, as well as ensuring the right of citizens of the Russian Federation to use the state. language.
State. language is a language that promotes mutual understanding, strengthening interethnic. relations of the peoples of the Russian Federation in a single multinational. state.
Protection and support of the Russian language as a state language. languages contribute to the multiplication and mutual enrichment of the spiritual culture of the peoples of the Russian Federation.
When using the Russian language as a state language. language, it is not allowed to use words and expressions that do not correspond to the norms of the modern Russian literary language, with the exception of in. words that do not have commonly used analogues in the Russian language.
Mandatory use of state language should not be interpreted as a denial or derogation of the right to use the state. the languages of the republics that are part of the Russian Federation, and the languages of the peoples of the Russian Federation.
State. language must be used:
1) in the activities of the fed. OGV, OGV subjects, other state. bodies, CHI, organizations of all forms of ownership, incl. in office management activities;
2) in the names of fed. OGV, OGV subjects, other state. bodies, CHI, organizations of all forms of ownership;
3) in the preparation and conduct of elections and reforms;
4) in const., gr., angle, adm. legal proceedings, legal proceedings in Arb. courts, office work in the fed. courts, legal proceedings and office work with justices of the peace and in other courts of subjects;
6) in the relationship of fed. OGV, OGV subjects, other state. bodies, CHI, organizations of all forms of ownership and citizens of the Russian Federation, in. citizens, LBG, total. associations;
7) when writing names geographical objects, inscriptions on road signs;
8) when drawing up documents proving the identity of a citizen of the Russian Federation, with the exception of cases provided for by the legislation of the Russian Federation, preparing forms of certificates of state registration. registration of the ACS, registration of documents on education issued by those with state. accreditation by educational institutions, other documents, the execution of which, in accordance with the legislation of the Russian Federation, is carried out at the state. the language of the Russian Federation, when registering the addresses of senders and recipients of telegrams and postal items sent within the Russian Federation, postal orders Money;
9) in the activities of the all-Russian, reg. and mun. TV and radio broadcasting organizations, editorial offices all-Russian, reg. and mun. periodical printed publications, with the exception of the activities of television and radio broadcasting organizations and editorial offices of print periodicals established specifically for television and (or) radio broadcasting or publication printed matter at the state languages of the republics, other languages of the peoples of the Russian Federation or in. languages, as well as with the exception of cases where the use of vocabulary that does not comply with the norms of the Russian language as a state language. language, is an integral part of artistic design;
11) in other areas defined by federal laws.
In order to protect and support the state. the language of the fed. OGV within its competence:
1) ensure the functioning of the state. language throughout the Russian Federation;
2) develop and adopt the Federal Law and other legal acts of the Russian Federation, develop and implement those aimed at protecting and supporting the state. language of the Russian Federation corresponding fed. targeted programs;
3) take measures aimed at ensuring the right of citizens of the Russian Federation to use the state. language;
4) take measures to improve the education system and the system of training specialists in the field of the Russian language and teachers of the Russian language as foreign language. language, as well as carry out the preparation of scientific-ped. personnel for educational institutions with instruction in Russian outside the Russian Federation;
5) promote the study of the Russian language outside the Russian Federation;
6) carry out state. support for the publication of dictionaries and grammars of the Russian language;
7) exercise control over compliance with the legislation of the Russian Federation on state. language
8) take other measures to protect and support the state language.
Ensuring the right of citizens to use the state. language provides:
1) receiving education in Russian in the state. and mun. educational institutions;
2) obtaining information in Russian in the fed. OGV, OGV subjects, other state. bodies, CHI, organizations of all forms of ownership;
3) obtaining information in Russian through the all-Russian, reg. and mun. MASS MEDIA. This provision does not apply to mass media established specifically for television and (or) radio broadcasting or publication of printed materials in the state. languages of the republics, other languages of the peoples of the Russian Federation or in. languages.
Persons who do not own the state. language, in the exercise and protection of their rights and legitimate interests on the territory of the Russian Federation in cases provided for by the Federal Law, the right to use the services of translators is ensured.
Languages of the peoples of the Russian Federation - nat. property of the Russian state, are under the protection of the state. The state throughout the territory of the Russian Federation contributes to the development of nat. languages, bilingualism and multilingualism.
In the Russian Federation, propaganda of hostility and disdain for any language, the creation of national laws that contradict the constitutionally established principles are unacceptable. policies of obstacles, restrictions and privileges in the use of languages, other violations of the legislation of the Russian Federation on the languages of the peoples of the Russian Federation.
The equal rights of the languages of the peoples of the Russian Federation, the totality of the rights of peoples and individuals to the preservation and comprehensive development of their native language, freedom of choice and use of the language of communication are guaranteed. The Russian Federation guarantees to all its peoples, regardless of their number, equal rights to the preservation and comprehensive development of their native language, freedom to choose and use the language of communication, guarantees everyone the right to use their native language, free choice of the language of communication, education, training and creativity, regardless of its origin, social . and property status, races. and national affiliation, gender, education, attitudes towards religion and place of residence.
No one has the right to establish restrictions or privileges in the use of a particular language, with the exception of cases provided for by the legislation of the Russian Federation.
In an area of compact residence of the population that does not have its own national-state. and national-terr. formations or living outside of them, along with the Russian language and the state. languages of the republics, in official. areas of communication can use the language of the population of the area. The procedure for using languages in such areas is determined by the legislation of the Russian Federation and the constituent entities.
The state recognizes the equal rights of all languages of the peoples of the Russian Federation to their preservation and development. All languages of the peoples of the Russian Federation are supported by the state.
In the Russian Federation, state alphabets. language and state languages of the republics are built on the graphical basis of the Cyrillic alphabet. Other graphic bases of state alphabets. language and state languages of the republics may be established by the Federal Law. (JCC dated November 16, 2004 No. 16-P - the paragraph does not contradict the CRF).
Social protection of languages - the implementation of a scientifically based language policy aimed at preserving, developing and studying all the languages of the peoples of the Russian Federation on the territory of the Russian Federation.
Ek. protection of languages - target budgetary and other fin. provision of state and scientific programs for the preservation and development of the languages of the peoples of the Russian Federation, the implementation of a preferential tax policy for these purposes.
Jur. protection of languages - obes-e responsibility jur. and physical persons for violating the legislation of the Russian Federation on the languages of the peoples of the Russian Federation.
The state guarantees citizens the implementation of the basic gender, eq., social and cult. rights regardless of their knowledge of any language.
The rights of citizens to use the languages of the peoples of the Russian Federation: the right to choose the language of communication, the right to choose the language of education and training.
68. Signs of the constitutional and legal status of subjects of the Russian Federation (according to the Constitution and in the decisions of the Constitutional Court).
Etc. the status of subjects is to a decisive extent guaranteed by the CRF.
Principles for determining the powers of the OGV of the subjects:
1) the powers in the subjects of jurisdiction of the subjects are determined by the constitution (charter), laws and legal acts of the subject;
2) the powers on the subjects of joint jurisdiction are determined by the CRF, the Federal Law, agreements on the delimitation of powers and agreements;
3) the powers on the subjects of the jurisdiction of the Russian Federation are determined by the Federal Law, NLA Prez-ta and Pr-va and agreements.
The subjects of reference are established by the KRF and cannot be. redistributed.
The subjects of the Russian Federation themselves establish their name, in case of a change, the new name will be included in Art. 65.
The equality of subjects is expressed in their equal representation in the Federation Council, in the order of the formation of the State. advice.
At the same time, the status of subjects is not the same in everything. The constitutions of the republics can be adopted by law. bodies or refs, and the statutes of other entities - TC zak. bodies. Auth. districts are part of the territories, regions, but at the same time they are considered as a subject on an equal basis with them.
Equality is manifested in vol. distribution of subjects.
Subjects have their own system.
PCC, July 2003- The CC noted that the verification of the compliance of the constitutions (charters) of the Federal Law by the courts of the o / u does not comply with the CRF. The resolution of such questions entails the need to apply the procedures of const. legal proceedings.
Subjects have a territory, boundaries between subjects can be modified with their consent.
Ek. the basis of the OGV of the subject is the property owned by the subject, the funds of its budget, terr. state off-budget funds as well as property rights.
The Federal Law establishes a range of issues, the solution of which relates to the authority for joint management and is carried out at the expense of the budget of the subject (ensuring the activities of government bodies, holding elections, preventing emergencies, education, healthcare, etc.). the same powers transferred to the subjects of the federal law are carried out at the expense of subventions from the fed. budget for def. conditions.
The equalization of the budgetary security of the subjects is carried out by providing subsidies from the Fed. fund fin. support of subjects of the Russian Federation,
The OGV system is installed independently, but it must comply with the basics of const. building (separation of powers), built on the basis of about. principles of organization of representation. and Spanish authorities established by the Federal Law.
Subjects have the right to carry out int. and external connections.
Features of the status of the republics.
The republics are named states in the CRF, however, the power in the republics is not sovereign, the republics are independent within the framework, def. KRF.
The republics do not have the right to secede from the Russian Federation.
The republics, like other subjects, are equal among themselves in relations with the Russian Federation, but not equal with the Federation itself.
The constitutions of the republics must comply with the CRF. PKS dated 06/07/2000- the subjects do not have sovereignty, which initially belongs to the Russian Federation. Republics, as subjects, do not have the status of a sovereign state.
An erroneous idea of sovereignty entails the proclamation of ownership of land, subsoil, nature. wealth (the issue of joint management).
The claims of the republics to the priority of their laws over the federal laws are unjustified.
Republics are independent in determining their state. languages.
Republics provide for their own citizenship, although issues of citizenship are within the jurisdiction of the Russian Federation. The shopping mall of the Russian Federation has the right to take citizenship.
State. symbols, capital, honorary titles and awards.
In connection with the adoption of decisions by the Constitutional Court, provisions on the entry into force of the Federal Law of the Labor Code after ratification by the republican parliament (Yakutia), on the right to withdraw from the Russian Federation (Tyva) were excluded from the constitutions of the republics. In the constitutions of Tatarstan and Bashkortostan, the mention of sovereignty is preserved, but after the decision of the Constitutional Court, it has no legal status. strength.
The state symbols of the Russian Federation are special designations of Russia, which are a means
official representation of the Russian Federation in external and internal relations, due to which they are specially protected by law.
The state symbols of the Russian Federation are:
1) National emblem RF;
2) State flag RF;
3) The national anthem of the Russian Federation.
State symbols of the Russian Federation provide representation of the Russian Federation within the country and in other countries of the world and express the sovereignty of the Russian Federation.
They are subject to special state protection, therefore it is prohibited and prosecuted by law:
1) desecration of the state symbols of the Russian Federation in any form (for example, the public destruction of the flag of the Russian Federation, the distortion of the anthem of the Russian Federation, or mockery and mockery of the coat of arms of the Russian Federation);
2) use state symbols
in violation of the procedure established by federal law.
The state emblem of the Russian Federation, the flag of the Russian Federation and the anthem of the Russian Federation are the official state symbols of the Russian Federation,
expressed respectively through a graphic image, a color scheme on a fabric canvas and through music and text. Their forms of expression are established by federal constitutional laws.
The official state symbols of the Russian state can be used by the subject-
mi of the Russian Federation, various organizations of the Russian Federation for a corporate or distinctive designation only
on the basis of the relevant permission of the Russian Federation and in the forms established by law.
State symbols of the Russian Federation must be (placed) in the bodies and institutions of the Russian Federation,
established by the laws on state symbols of Russia. Subjects of the Russian Federation, municipalities, public associations, enterprises, institutions and organizations, regardless of their form of ownership, have the right to have their own emblems (heraldic signs), but these emblems should not be identical to the State Emblem of the Russian Federation.
The state coat of arms cannot be used as a heraldic basis for coats of arms
subjects of the Russian Federation, municipalities, public associations, enterprises, institutions and organizations.
In addition to state symbols, the sovereignty of the Russian Federation is expressed through the presence of the capital of the Russian Federation.
The capital of the Russian Federation is Moscow. Its legal status is characterized from 2 sides: 1) Moscow - state capital Russia, that is, it has a special status of a city, close to the status of state symbols of the Russian Federation; 2) Moscow is a city of federal significance, i.e. it has both the rights and the status of a subject of the Russian Federation and a city. Thus, Moscow acts in relations with the Russian Federation as an independent entity and as the center of all of Russia, its state capital.
The state language of the Russian Federation is Russian. The Russian Federation is a multinational state,
therefore, the Constitution of the Russian Federation enshrines the right of the peoples of Russia on their territory to use and study in educational institutions, in addition to the Russian language, the national language, to draw up documents in the language of the corresponding people of Russia.
The republics within the Russian Federation may establish their own official languages in order to preserve
their historical traditions. The Russian Federation protects the right of the peoples of the Russian Federation to use
and the preservation of their languages, therefore, in the Russian Federation are unacceptable:
1) propaganda of hostility and disdain for any language;
2) creation of obstacles, restrictions and privileges in the use of languages;
3) other violations of the legislation of the Russian Federation on the languages of the peoples of Russia.
There are a number of principles for preserving the languages of the peoples of Russia in the Russian Federation:
1) the languages of the peoples of the Russian Federation are the national treasure of the Russian Federation;
2) the languages of the peoples of the Russian Federation are under state protection;
3) the state throughout the territory of the Russian Federation promotes the development of national languages, bilingualism and multilingualism.
The main constitutional principle of preserving the languages of the peoples of Russia is their equality, i.e. e. All the peoples of Russia have the right to equally ensure the preservation and use of their native language. This principle ensures equal rights for all
peoples and their individual representatives to the preservation and comprehensive development of their native language, freedom of choice and use of the language of communication. The right to preserve the national language and its comprehensive development, freedom to choose and use the language of communication belongs to all the peoples of the Russian Federation, regardless of their number and their individual representatives, regardless of origin, social and property status, race and nationality, gender, education, attitude to religion and places of residence. The subjects of the Russian Federation have the right to adopt laws and other regulatory legal acts on the protection of the rights of citizens to freely choose the language of communication, education, training and creativity.
Guarantees for the protection of the languages of the peoples of the Russian Federation:
1) the languages of the peoples of the Russian Federation enjoy the protection of the state, i.e. the legislative, executive and judicial authorities of the Russian Federation are called upon to guarantee and ensure the social, economic and legal protection of all languages of the peoples of the Russian Federation;
2) social protection languages is ensured by the implementation of a scientifically based language policy aimed at preserving, developing and studying all the languages of the peoples of the Russian Federation throughout Russia;
3) the economic protection of languages includes targeted
budgetary and other financial support for state and scientific programs for the preservation and development of the languages of the peoples of the Russian Federation, as well as the implementation of a preferential tax policy for these purposes;
4) legal protection languages is to ensure the responsibility of legal and individuals for violating the legislation of the Russian Federation on the languages of the peoples of Russia.
The Russian Federation, regardless of knowledge of the national language, guarantees citizens of the Russian Federation the exercise of basic political, economic, social and cultural rights, i.e., restrictions cannot be established on the territory of individual subjects depending on knowledge or ignorance of the language, and violation of the linguistic rights of peoples and individuals entails a liability under the law.
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1. Zakoabout the language of the Russian Federation
1. 1 National languages of the Russian Federation (RF)
The Russian Federation is a multinational state. More than 150 languages function on its territory, of which about 100 are the languages of the indigenous peoples of Russia, the rest are the languages of non-indigenous ethnic groups. The linguistic panorama of Russia is characterized by genetic and typological diversity. The languages common on its territory are genetically related to Indo-European, North Caucasian, Altaic (Turkic, Mongolian and Tungus-Manchurian). language families), Ural (Finno-Ugric and Samoyedic families), Yenisei, Chukchi-Kamchatka, Eskimo-Aleut language communities; languages of other families are represented (for example, Chinese), as well as individual languages that are not included in language families (Nivkh, Yukagir).
The number of speakers of the languages of the Russian Federation ranges from 120 million Russians to several tens and even a few - Vod, Kerek. More than one third of the languages spoken in Russia are the languages of small peoples, the number of speakers of which does not exceed 35,000. The largest of them - the Nenets - has 34.6 thousand representatives of the ethnic group. The languages of these minority peoples are included in the "Red Book of the Languages of the Peoples of Russia" (M., 1994). The languages of the peoples of Russia are different in their legal status (state, official, interethnic, local) and the scope of their social functions in different spheres of life.
There will be four zones of the greatest linguistic diversity, four zones of concentration of the largest number of genetically and typologically diverse languages - Dagestan, with its 32 national languages of indigenous peoples; Siberia (including areas Far North), in the vastness of which more than 40 languages of different families and groups function (30 indigenous); North Caucasus, within which the languages of more than 20 ethnic groups (15 indigenous) and Far East whose peoples speak 20 languages. The remaining languages are dispersed in the European area of Russia. In addition to languages belonging to compactly living peoples, there are languages in Russia whose speakers are scattered throughout the country and beyond its borders. These are Karaite (680 speakers in the Russian Federation), Gagauz (6300 speakers in the Russian Federation). Including the dispersed languages of the peoples of the near (Armenian, Georgian, Lithuanian, Uzbek) and far abroad(Greek, Korean, Polish, Romanian). Thus, the linguistic map of Russia looks very rich and diverse, where the languages of "large" peoples coexist with the languages of small nationalities, but all languages have equal rights in the legal, political, psychological, ethno-cultural sense.
1 .2 Status of languages in the Russian Federation (RF)
In the Russian Federation, the legal status of state languages is established by Federal Law No. 53-FZ "On the State Language of the Russian Federation" dated June 1, 2005. This law establishes that the state language of the Russian Federation is Russian; subjects of the Russian Federation have the right to establish additionally their state languages; and also that "The obligation to use the state language of the Russian Federation should not be interpreted as a denial or derogation of the right to use the state languages of the republics that are part of the Russian Federation and the languages of the peoples of the Russian Federation."
The law strictly sets the boundaries of its applicability (in the activities of government bodies; in the names of government bodies; in legal proceedings (constitutional, criminal, civil and administrative), in road signs, codes, laws and other by-laws of the Russian Federation should be published in the state language; during elections and referendums, in international treaties and agreements of the Russian Federation; in internal official documents of citizens of the Russian Federation; in other areas defined by federal laws). The law establishes support measures (for example, the provision of interpreters in courts), observance of the rights of citizens, liability for non-performance.
Another federal law regulating the sphere of the state language is the Law "On the Languages of the Peoples of the Russian Federation" No. 1807-1 dated October 25, 1991 (as amended by Federal Laws No. 126-FZ dated July 24, 1998, No. 165-FZ dated December 11, 2002 ).
Currently, 19 constituent republics of the Russian Federation have adopted legislative acts that secure the status of national languages as state languages. Simultaneously with the titular language of the subject of the Russian Federation, recognized as the state language in this republic, and Russian as the state language of the Russian Federation, in some subjects other languages are endowed with the status of the state language. So, in Dagestan, in accordance with the Constitution of the Republic (1994), 8 out of 13 literary and written languages are declared state; in the Karachay-Cherkess Republic - 5 languages (Abaza, Kabardino-Circassian, Karachay-Balkarian, Nogai and Russian); 3 official languages declared in legislative acts republics of Mari El and Mordovia.
The adoption of legislative acts in the language sphere is intended to increase the prestige of national languages, to help expand the areas of their functioning, create conditions for the preservation and development, as well as to protect the linguistic rights and linguistic independence of the individual and the people. The functioning of the state languages of the Russian Federation is determined in the most significant areas of communication, such as education, printing, mass communication, spiritual culture, and religion.
national state language legal
1 .3 Bilingualism and diglossia
One of the important sociolinguistic problems is the problem of social aspects of bilingualism (bilingualism) and diglossia (interaction of various socially opposed subsystems of one language). In the conditions of bilingualism, two languages coexist with each other within the same collective, using these languages in various communicative areas, depending on the social situation and other parameters of the communicative act. Under the conditions of diglossia, similar relations are observed between different forms of existence of one language (literary language, dialects).
The word "bilingualism" comes from two Latin words: bi - "double", "double" and the word lingua - "language". Thus, bilingualism is the ability to speak two languages. Hence, a bilingual is a person who can speak two or more languages.
"Natural bilingualism occurs in an appropriate language environment, which includes radio and television with spontaneous speech practice. Awareness of the specifics of the language system may not occur. The second language in artificial bilingualism is mastered in a learning environment, while it is necessary to use strong-willed efforts and special methods and techniques ".
Depending on the criteria that form the basis of the classification, there are several types of bilingualism:
."According to the age at which the acquisition of a second language occurs, early and late bilingualism is distinguished. Early bilingualism is due to living in a bilingual culture since childhood (includes parents who speak different languages, or moving from one country to another); late bilingualism - learning a second language occurs at an older age after mastering one language.
By the number of actions carried out, that is, the person himself almost does not speak and does not write in a foreign language, only approximately understanding foreign speech. In this case, reproductive (reproducing) bilingualism is distinguished, including the perception (ability to retell) the text of a foreign language, and the reproduction of what is read or heard. Productive (producing) bilingualism is the ability to understand and reproduce foreign language texts, as well as to produce them yourself. In other words, a bilingual can construct words, phrases and sentences, both orally and in writing, with productive bilingualism"
The concept of diglossia was introduced into scientific circulation by the American researcher C. Fergusson in 1959. Before that, the term "bilingualism" was used (and continues to be used now) in linguistics - as a Russian translation of the international term "bilingualism". And for situations in which the functioning of several languages is possible, the term "multilingualism" (English multilingualism, French plurilinguisme) is adopted.
"Unlike bilingualism and multilingualism, diglossia refers to a form of proficiency in two independent languages or subsystems of one language, in which these languages and subsystems are functionally distributed. For example, in official situations - lawmaking, office work, correspondence between government agencies- the official (or state) language is used, if we are talking about a multilingual society, or the literary form of the national language (in monolingual societies), and in situations of everyday, everyday, family communication - other languages \u200b\u200bthat do not have the status of official or state, other language subsystems - dialect, vernacular, jargon."
According to T. Bell necessary condition The existence of diglossia without bilingualism seems to be the existence of a relatively rigid social system in which belonging to a particular group is achieved by birth and cannot be easily lost. An extreme case of such a situation is when the elite decides to isolate itself from the rest of the population with whom it communicates (if such communication takes place at all) through interpreters, preferring to use some kind of intergroup communication foreign language with high status. For example, European elites in a number of countries before 1914-17. used French or German rather than the local language.
The most characteristic type of bilingualism in Russia is the national Russian language, which is acquired through direct communication between people of different nationalities in direct communication with the Russian-speaking population.
2 . International experience allowedinterethnic conflicts
2.1 Monelimination of ethnic conflict
A conflict is a clash of opposing interests, views, positions, aspirations. Among the most complex and intractable are ethno-social (interethnic) conflicts. This is a form of intergroup conflict in which groups with opposing interests differ along ethnic (national) lines.
The functional approach to understanding the conflict is typical for most ethno-conflictologists. V.A. Tishkov defines inter-ethnic conflict as any form of "civil, political or armed confrontation in which the parties, or one of the parties, mobilize, act or suffer on the basis of ethnic differences."
L. M. Drobizheva emphasizes the functional basis of the ethnic conflict, which is not in ethnicity, but in social problems that arise between groups consolidated on a national basis.
A. Yamskov defines an interethnic conflict through a description of collective actions: “An interethnic conflict is a dynamically changing social political situation, generated by the rejection of the previously established status quo by a significant part of the representatives of one (several) of the local ethnic groups and manifested in the form of at least one of the following actions of members of this group:
a) the beginning of ethno-selective emigration from the region;
b) creation of political organizations declaring the need for change status quo in the interests of the specified ethnic group;
c) spontaneous protests against the infringement of their interests by representatives of another local ethnic group.
Z. V. Sikevich in his definition of interethnic conflict shifts the emphasis from the behavioral component to the analysis of the intersection of ethnic and political spaces: on the one hand, and the state, on the other, at the intersection of ethnic and political space, expressed in the desire of an ethnic group (groups) to change ethnic inequalities or political space in its territorial dimension. 1
In the latter case, the definition strictly links the subjects of the conflict and the underlying goals of their political activity, no matter what declarations they cover up, and no matter what forms the ethnic conflict itself manifests itself in.
In everyday practice, when discussing interethnic relations, the effectiveness or inefficiency of the national policy of the state, certain nations are usually meant. At the same time, various small ethnic groups are not particularly distinguished, although their number, for example, in Russia, is quite significant. The interethnic policy of the state is designed to regulate socio-political relations in order to harmonize the interests of various ethnic and national groups and to satisfy their needs to the fullest extent.
Interethnic conflict is a complex sociological phenomenon and has its own characteristics. Conflict situations between social groups and classes are reduced to confrontation regarding the possible full satisfaction of their interests. This applies primarily to relations of power. Interethnic and interstate conflicts affect literally the entire spectrum of relations between the conflicting parties, the entire society.
The parties to the conflict have a complex structure. A nation or an ethnic group does not always act as an aggregate subject. They can be an individual, a certain organization or movement that assumes the representation of a nation or ethnic group. People not only do not realize their national interests, but lose much of what they had, up to the rights of man and citizen.
2 .2 Classification of conflicts
There is also a classification of conflicts according to the forms of manifestation and development:
Conflicts such as "battles", when the opposing sides share irreconcilable contradictions and the result can only be the victory of one of the parties;
Conflicts of the "debate" type, when there is a dispute, maneuvering and both parties are counting on reaching an agreement (compromise);
Conflicts of the "game" type, when the parties act within the framework general rules and therefore the conflict does not end with the destruction of the totality of relations between the conflicting parties.
An interethnic conflict has its own stages, stages, development mechanisms and solutions. The greatest danger to society is armed conflicts. In the modern world, countries and peoples are so interconnected that even minor conflicts in one country can serve as an incendiary mixture for the entire world community, especially in countries like the Russian Federation that have nuclear weapons.
Such conflicts are characterized by a certain level of organization of actions, along with riots, separatist uprisings up to civil war. Since they arise in multinational states, any internal conflict in them inevitably acquires a political character. Therefore, it is sometimes difficult to draw a clear line between social, political and ethnic conflict. Ethnic conflict can be expressed in various forms, ranging from intolerance and discrimination at the interpersonal level to mass protests for secession from the state, armed clashes, and a war for national liberation.
2. 3 Causes of interethnic conflicts
Interethnic conflicts in the Russian Federation and in the CIS countries have specific historical objective and subjective causes. Until 1986, nothing was publicly said about interethnic conflicts in the USSR. It was believed that it national question was finally resolved. And it must be admitted that there were no major open inter-ethnic conflicts. At the household level, there were many interethnic antipathies and frictions, and the commission of crimes on this basis was also observed. The latter have never been separately accounted for and tracked.
At the same time, an intensive process of Russification of non-Russian peoples was going on. The unwillingness to learn the Russian language did not entail any sanctions, as they are trying to do in Estonia or Moldova, but its very study was put on the rank of a natural necessity. At the same time, knowledge of the Russian language, as a federal language, opened before the non-Russian peoples great opportunities for training, professionalization and self-realization. The Russian language made it possible to join the culture of all the peoples of the USSR, as well as to world culture. He performed and performs the same function that fell to the lot in English in international communication. It would also be blasphemy to forget that the outskirts of the Union, being more backward, developed at the expense of infringing on the interests of the peoples of Central Russia.
All this, however, did not rule out the formation of latent ethno-conflict situations due to the flawed national policy of the Soviet government. Even during the civil war, 35 republics of red regimes and 37 of white regimes were formed. This trend intensified after the victory of the Bolsheviks. However, its full implementation was impossible. Yes, the Bolsheviks were not going to put it into practice. Based on the principle of "divide and conquer", they gave formal independence in the form of a national name of the territory only to the "support" nations. Therefore, out of more than 130 nationalities inhabiting the USSR, about 80 did not receive any national formations. Moreover, the “extradition” of statehood was carried out in a strange way. Estonians, for example, total number which in the country as a whole, according to the 1989 census, amounted to 1027 thousand, had union statehood; Tatars, whose number is more than 6 times greater than the number of Estonians (6649 thousand) - autonomy, and Poles (1126 thousand) or Germans (2039 thousand) did not have any national formations.
Subsequent volitional changes in the borders of national formations and the transfer of vast territories (for example, Crimea) from one republic to another without taking into account historical and ethnic features, the deportation of entire peoples from their native lands and their dispersion among other nationalities, huge migration flows associated with the mass eviction of people across political motives, with great construction projects, the development of virgin lands and other processes, finally mixed the peoples of the USSR.
According to the 1989 census, there are 25,290,000 Russians alone living outside of Russia. In addition to Russians, 3 million Russian-speaking representatives of other peoples turned out to be outside of Russia. And how many Russian and Russian-speaking citizens, being inside Russia, with their ancestral lands, were annexed to the territories of other national-state formations or arrived there by some kind of “call”, in which they, regardless of their share (in 9 republics out of 21 titular peoples do not make up the majority of the population, and in 8 other republics the number of Russians, Ukrainians and other non-titular nations is 30% or more) are listed as national minorities with all the ensuing consequences. The main problem is that the titular nations, regardless of their size, claim exclusive control of state institutions and property, often created by the hands of "alien" peoples and at the expense of the all-Union budget, as was the case in Estonia, Lithuania, Kazakhstan. In a number of cases, the Russian-speaking population remains hostage to nationalist criminal adventures, as happened with the 250,000 Russian-speaking population in Chechnya.
The conflict situation in the countries formed on the territory former USSR, due to many reasons, old and today, political (centralism and unitarism of power, repression and conquest of peoples), economic ( economic crisis, unemployment, impoverishment), socio-psychological (international communication barriers, negative forms of national self-affirmation, open nationalism, ambitions of national leaders), territorial and others.
The vast majority of conflicts are inter-ethnic, inter-tribal in nature. They were deployed on the territory of one or several countries, often turning into full-scale modern wars. Many of them were complicated by religious and clan contradictions. Some drag on for centuries, such as the Middle East conflict between Jews and Arabs, the Transcaucasian conflict between Armenians and Turks (Azerbaijanis). The root causes of ongoing conflicts are often erased by time, go into the subconscious, and are expressed in hard to explain, almost pathological national intolerance. The immediate causes (causes) of periodically renewed clashes are usually the nearest “injustices”. By putting this word in quotation marks, I mean that in most ethnic conflicts there is no objectively fair solution for all warring parties, because each is guided by its own truth, its own historical periods, events, and facts.
The conflict situation in most cases develops as a resultant component of a complex of causes and conditions. The conflict arises when, objectively, and not rarely subjectively, interethnic comparisons, which when it turns out (real or not) in some way, is infringed, offended, bypassed, oppressed; when in the psychology of peoples; when the solution to many problems is seen only in national self-assertion.
Conflict people (groups) in such cases are always found. National political forces striving for power and property cleverly use spontaneous discontent. Warming it up, they present themselves as the defenders of the nation. And although it has long been known that nationalism and ethnocracy are irrational, destructive, unpromising and destructive, they, as a rule, do not seem so to the rebellious people. On the contrary, it is ethnocracy and nationalism that become the most understandable, closest and unifying ideology. The unity of language, customs, traditions, faith unites people from half a word, from half a movement. What could be easier than having common object negation and assimilate the general “ideology of falsehood”, in the name of which this object should be rejected? To say, for example, that Jews, Gypsies, Germans, Arabs, Negroes, Vietnamese, Hungarians or Czechs are to blame for all the misfortunes of the world - and above all, every offended soul: This is so simple and understandable! And there will always be a sufficient number of Vietnamese, Hungarians, Czechs, Gypsies, or Jews whose actions can illustrate the idea that it is they who are to blame for everything.
2.4 Ways to resolve ethnic conflicts
In the event of an interethnic conflict within one state, judging by the bitter experience of the countries formed on the territory of the former USSR, there are two options for the behavior of official authorities. First: the authorities, maintaining a balance, remain above the conflict, trying to put out the conflict that has arisen with acceptable forces and means, as, for example, was done, although not without mistakes, by the Russian authorities in the conflict between the North Ossetians and the Ingush. Second: the authorities themselves are drawn into the conflict, advocating the preservation of the territorial integrity of the country or on the side of the titular people, as was observed in Azerbaijan in the conflict between Azerbaijanis and Armenians, in Georgia - in the conflict between Georgians and South Ossetians, between Georgians and Abkhazians, or in Moldova in the conflict Moldovans with a Russian-speaking population (Moldova with Transnistria). In the end, the Russian authorities in Chechnya were also drawn into similar situations.
In a multiethnic society, conflicts are inevitable. The danger is not in them, but in the ways of their resolution.
There are six prerequisites necessary for the settlement of ethnic conflicts:
Each of the warring factions must have a single command and be controlled by it;
The parties must control territories that would provide them with relative security after the conclusion of a truce;
Achieving a state of a certain balance in the conflict, when the parties have either temporarily exhausted their military capabilities, or have already achieved many of their goals;
The presence of an influential mediator who can increase the interest of the parties in achieving a truce and achieve recognition of an ethnic minority as a party to the conflict;
The agreement of the parties to "freeze" the crisis and to postpone a comprehensive political settlement indefinitely;
Deployment along the line of separation of a peacekeeping force that is authoritative or strong enough to deter the parties from resuming hostilities.
The existence of an authoritative unified command for each of the warring factions, which would have sufficient power to ensure control over the field commanders and whose orders would be carried out is the first necessary condition for any ceasefire negotiations. Otherwise, it is not possible to reach any agreements at all. It is no coincidence that one of the first steps taken by the Russian authorities to resolve the Ossetian-Ingush conflict was the creation of power structures in Ingushetia in order to have a leader with whom one could conduct a dialogue. The existence of control over the territory, which provides the parties with at least relative security, seems to be almost a key prerequisite for a settlement.
Actions to neutralize the confrontational aspirations of participants in interethnic conflicts fit into the framework of some general rules derived from the existing experience in resolving such conflicts. Among them:
1) legitimation of the conflict - the official recognition by the existing power structures and the conflicting parties of the existence of the problem itself (the subject of the conflict) that needs to be discussed and resolved;
2) institutionalization of the conflict - the development of rules, norms, regulations of civilized conflict behavior recognized by both parties;
3) the expediency of transferring the conflict to the legal plane;
4) the introduction of the institution of mediation in the organization of the negotiation process;
5) information support for conflict resolution, that is, openness, "transparency" of negotiations, accessibility and objectivity of information on the development of the conflict for all interested citizens, etc.
Throughout its history, humanity has accumulated considerable experience in non-violent conflict resolution. However, only since the second half of the 20th century, when it became obvious that conflicts are real threat survival of mankind, an independent field of scientific research began to take shape in the world, one of the main subjects of which is the prevention of open, armed forms of manifestation of conflicts, their settlement or settlement, as well as the resolution of conflicts by peaceful means.
In the sphere of ethno-political conflicts, as in all others, the old rule is still valid: conflicts are easier to prevent than subsequently resolved. This is what the national policy of the state should be directed to. Our current state does not yet have such a clear and distinct policy. And not only because the politicians "do not reach their hands", but to a large extent because the initial general concept of nation-building in multi-ethnic Russia is unclear. There are modern political situations that require consideration of inter-ethnic or inter-religious conflicts that arise within a particular country in unity with international conflicts.
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The state language of the Russian Federation is Russian.
The Russian Federation is a multinational state, therefore the Constitution of the Russian Federation enshrines the right of the peoples of Russia on their territory to use and study in educational institutions, in addition to the Russian language, the national language, to draw up documents, in addition to the Russian language, and in the language of the corresponding people of Russia.
Republics within the Russian Federation may establish their own official languages in order to preserve their historical traditions.
The Russian Federation protects the right of the peoples of the Russian Federation to use and preserve their languages, therefore the following are unacceptable in the Russian Federation: 1) propaganda of hostility and disdain for any language; 2) creation of obstacles, restrictions and privileges in the use of languages; 3) other violations of the legislation of the Russian Federation on the languages of the peoples of Russia.
There are a number of principles for the preservation of the languages of the peoples of Russia in the Russian Federation: 1) the languages of the peoples of the Russian Federation are the national treasure of the Russian Federation; 2) the languages of the peoples of the Russian Federation are under state protection; 3) the state throughout the territory of the Russian Federation promotes the development of national languages, bilingualism and multilingualism.
The main constitutional principle of preserving the languages of the peoples of Russia is their equality, i.e., all the peoples of Russia have the right to equally ensure the preservation and use of their native language. This principle ensures the equal rights of all peoples and their individual representatives to the preservation and comprehensive development of their native language, freedom of choice and use of the language of communication. The right to preserve the national language and its comprehensive development, freedom to choose and use the language of communication belongs to all the peoples of the Russian Federation, regardless of their number and their individual representatives, regardless of origin, social and property status, race and nationality, gender, education, attitude to religion and places of residence. The subjects of the Russian Federation have the right to adopt laws and other regulatory legal acts on the protection of the rights of citizens to freely choose the language of communication, education, training and creativity.
Guarantees for the protection of the languages of the peoples of the Russian Federation: 1) the languages of the peoples of the Russian Federation enjoy the protection of the state, i.e. the legislative, executive and judicial authorities of the Russian Federation are called upon to guarantee and ensure social, economic and legal protection of all languages of the peoples of the Russian Federation; 2) social protection of languages is ensured by conducting a scientifically based language policy aimed at preserving, developing and studying all the languages of the peoples of the Russian Federation throughout Russia; 3) the economic protection of languages includes targeted budgetary and other financial support for state and scientific programs for the preservation and development of the languages of the peoples of the Russian Federation, as well as the implementation of a preferential tax policy for these purposes; 4) legal protection of languages - this is ensuring the responsibility of legal entities and individuals for violation of the legislation of the Russian Federation on the languages of the peoples of Russia.
The Russian Federation, regardless of knowledge of the national language, guarantees citizens of the Russian Federation the exercise of basic political, economic, social and cultural rights, i.e., restrictions cannot be established on the territory of individual subjects depending on knowledge or ignorance of the language, and violation of the linguistic rights of peoples and individuals entails a liability under the law.
