Support for Indigenous Peoples. Measures of social support for persons from among the indigenous peoples of the North, Siberia and the Far East. Influence on the culture of small peoples

19.12.2021

APPENDIX №3

to the municipal program

"Harmonization of interethnic relations

in Aldan region for 2016-2020"

SUBPROGRAM

PASSPORT OF THE SUBPROGRAM

"SUPPORT OF INDIGENOUS PEOPLES OF THE NORTH"


Subprogram name

"SUPPORT OF INDIGENOUS PEOPLES OF THE NORTH"

Basis for the development of the subprogram
    Federal Law No. 82-FZ dated January 1, 2001 “On Guarantees of the Rights of Indigenous Minorities”

Republic of Sakha (Yakutia) for the second

International Decade of the World's Indigenous Peoples.

February 4, 2009 "The concept of sustainable development

indigenous peoples of the North, Siberia and

Far East of the Russian Federation.

    Decree of the Government of the Republic of Sakha (Yakutia)

dated 01.01.2001 No. 000 “On the concept of sustainable development

Indigenous Peoples of the North of the Republic of Sakha (Yakutia)”.

Responsible executor of the subprogram

Social management of the Administration of the municipality "Aldan region".

Co-executors
    MU "Department of Education Aldan region". MU "Department of culture and art of the Aldan region". State Institution "Aldan Department of Population and Labor under the Ministry of Labor and the Republic of Sakha (Yakutia). Local self-government bodies (Aldan region). Public organizations of the Aldan region. District media.
The purpose and objectives of the subprogram

Purpose: Creation of conditions for national-cultural

development and preservation of the traditional way of life

Preservation, development and promotion of the language and

original culture of indigenous peoples;

Promoting the activities of socially oriented

Traditional knowledge plays an important role in preserving the cultural identity and way of life of the indigenous peoples of the North. Over the past decades, there has been an intensive irreversible process of disappearance of the system of traditional knowledge accumulated over the centuries. In modern conditions, it needs restoration and protection. This is due to the uniqueness of this knowledge and the potential contained in it, which can be used to solve problems,

related to sustainable development and conservation of biological diversity. The use, reproduction and preservation of traditional knowledge is necessary for the maintenance of traditional knowledge, the protection of the habitat, for their cultural and national development.

To preserve reindeer breeding as an industry, it is necessary to maintain the integrity of the family, the socialization of children of reindeer herders in production areas. Every year in the summer more than 80 children of reindeer herders go to the nomadic reindeer herds. It is necessary to provide for the organization of summer labor for children in nomadic tribal communities and reindeer

herds: stimulating the work of children with bonuses, providing food, transporting children from villages to places of work of parents and back. Special care should be shown to the nomadic and semi-nomadic population by organizing the necessary medical, commercial, domestic and cultural services.

Strengthening the employment of the indigenous peoples of the North is impossible without improving the quality of human capital. This is an increase in the level of education, and the expansion of training of specialists, as well as for the conduct of traditional economic activity(managers, specialists in the processing of agricultural products and leather and fur raw materials, livestock specialists, etc.) among indigenous youth.

To develop a development strategy for the subprogramme in order to identify

problems a SWOT analysis was carried out:

Strengths (S)

Weaknesses (W)

1. High level of need

language, customs and traditions.

2. High level of demand

small peoples in conservation

traditional way of life.

3. Growth in activity

public organizations and communities

indigenous peoples

North leading traditional

nature management in rural

terrain.

1. Not effective enough

use of traditional

knowledge, taking into account the specifics of ethnopedagogy and the cultural heritage of the peoples of the North in the field of education, culture and spiritual and moral education of young people.

2. The community is not fully considered as a form of self-organization to ensure self-employment of the indigenous small


Opportunities (O)

Threats (T)

1. Creating a level playing field for

functioning of the languages ​​of the small peoples of the North.

2. Development of promising forms of the state and

small peoples. Support

social initiatives, projects

indigenous peoples.

3. Analysis of community activities can

serve as an indicator of the general socio-economic situation of small peoples.

1. Reducing the degree of involvement of indigenous peoples in

cultural and social life.

2. Reducing the activity of indigenous peoples in solving the problems of their socio-economic and

national and cultural development.


An analysis of the existing linguistic and ethno-cultural situation of the indigenous peoples of the North living in the region shows that the existing huge spiritual potential of the peoples of the North, carefully honored by the precepts of their ancestors, the aspiration to the future of young people create the necessary conditions for the preservation and development of the language, traditions, customs and traditional way of life . This circumstance puts forward the goal and priority directions for supporting the national and cultural development of the indigenous peoples of the North.

The implementation of the main directions will create conditions for national and cultural development:

    preservation and development of the ethnic culture and language of the indigenous peoples of the North living in the region; support for the activities of socially oriented public associations and indigenous peoples of the North, including tribal communities operating in the region; increasing the role of the indigenous peoples of the North in the economic and social life of the region; support for the initiative of public associations, as part of the implementation

subprogram activities.

2. Purpose, tasks and activities of the subprogram "SUPPORT OF INDIGENOUS PEOPLES OF THE NORTH"

The purpose of the subprogram is to create conditions for national and cultural

development and preservation of the traditional way of life of the indigenous peoples of the North living in the Aldan region.

    Preservation, development and promotion of the language and original culture of indigenous peoples; Assistance in the activities of socially oriented public associations and non-profit organizations of the indigenous peoples of the North.

In 2016-2020, activities are planned aimed at:

National-cultural development, preservation of cultural identity and way of life, through the holding of various cultural events;

Creation of conditions for the preservation, development of the language and traditional knowledge of the indigenous peoples of the North;

Establishment and development of cultural ties of small peoples with compatriots living in the republic and abroad;

Support for the activities of socially oriented public associations and non-profit organizations of the indigenous peoples of the North;

Providing social support to representatives of the indigenous peoples of the North who find themselves in a difficult life situation;

Organization of annual on-site consultations on legal education of the population, on-site master classes on the development of the creative abilities of children in areas densely populated by the small peoples of the North.

As a result of the implementation of the proposed activities, it is expected:

    growth of activation of tribal communities of the Aldan region; increase in the number of socially oriented non-profit public organizations of the indigenous peoples of the North; an increase in the number of activities aimed at preserving and disseminating cultural heritage - rituals, customs and traditions of the small peoples of the North.

In general, optimal conditions will be created for the national and cultural development of the small peoples of the North.

Evaluation of the implementation of the subprogram


Name of the goal, objectives and target indicators (indicators)

Meaning of indicators

reporting year

this year

planning period

Purpose: Creation of conditions for national and cultural development and preservation of the traditional way of life of indigenous peoples.

Task 1. Preservation, development and promotion of the language and original culture of indigenous

small peoples.

The number of publications promoting the language and culture of indigenous peoples living in the Aldan region.

Task 2. Promoting the activities of socially oriented public

associations and non-profit organizations of indigenous peoples of the North.



The number of socially-oriented non-profit public organizations of the indigenous peoples of the North, including tribal communities of the Aldan region.


Resource support of the subprogram

Organizational support for the implementation of the subprogram "Support for the Indigenous Minorities of the North" is carried out by the Social Administration of the municipality "Aldansky District".

Financial support for the implementation of the subprogram "Support for the Indigenous Minorities of the North" in the amount of 2,540,000 (two million five hundred and forty thousand) is carried out at the expense of the budget of the municipality "Aldansky district".

Methodology for assessing the achievement of the final results of the program.

The methodology for assessing the achievement of the final results of the subprogram is being developed by the Department of Economics of the Administration of the MO "Aldan District" in accordance with the Decree of the head of 01.01.2001. No. 000 "On approval of the methodology for assessing the effectiveness of municipal programs of the municipality "Aldansky district"", Decree of the administration of the municipality "Aldansky district" No. 000p dated 01.01.2001

The Department of Economics of the municipality "Aldansky District" annually evaluates the effectiveness of municipal programs based on annual reports on the implementation of programs submitted by the responsible executor.

Evaluation of the effectiveness of the implementation of the subprogram is carried out in order to:

Identification of the degree of achievement of the planned results of the subprogram in the reporting year, the actually achieved values ​​of target indicators with their planned values;

Identification of the degree of achievement of the planned level of costs actually for the implementation of the program in the reporting year with their planned values.

In case of revealing a lower than planned effectiveness of the program, proposals for changes to the subprogram, or early termination of the subprogram.


From the above examples, the inconsistency of the legislator in regulating relations related to the use of territories of traditional economic management is obvious. The norms are formulated in a general form, without sufficient detail, which does not ensure adequate protection of the rights of the indigenous population and its effective participation in resolving issues affecting their interests. It seems possible to make the following amendments to the legislation:

  • 1) establish the priority of lands of traditional economic activity over lands of industry, transport, etc.;
  • 2) install strictly intended use lands of traditional economic activity (namely: for conducting traditional economic activity);
  • 3) establish the binding nature of decisions adopted as a result of a referendum on the issues of granting land;
  • 4) clearly regulate the procedure for the participation of public organizations in resolving these issues;
  • 5) establish clear deadlines for informing the indigenous population on issues affecting their interests.

For the preservation of culture, not only the very fact that indigenous peoples have land is important, but also its qualitative characteristics. In this regard, attention is drawn to the legislative regulation of environmental legal relations. These relations at the level of the subject are regulated by the Law of the YNAO "On Specially Protected Natural Territories of the Yamalo-Nenets Autonomous Okrug". This law contains only 11 articles, duplicating in their content the norms of federal legislation. The law does not provide for other categories of specially protected natural territories, except for those provided for in the Federal Law of the Russian Federation "On Specially Protected Natural Territories", although this Federal Law provides for such a possibility in Part 2 of Art. 2. The corresponding Law of the Autonomous Okrug, in essence, does not contribute anything to environmental protection, it only delimits the powers of the state authorities of the Autonomous Okrug and local self-government bodies.

Regarding the indigenous peoples of the North, Part 1 of Art. 7 of the Law of the YNAO "On Specially Protected Natural Territories of the Yamalo-Nenets Autonomous Okrug" establishes that in the territories of state nature reserves where small ethnic communities live, it is allowed to use natural resources in forms that ensure the protection of the original habitat of these ethnic communities and the preservation of their traditional image life. This rule repeats Part 4 of Art. 24 of the Federal Law of the Russian Federation "On Specially Protected Natural Territories".

It is obvious that there is a direct connection between the state of the natural environment and the state of economic activity of indigenous peoples, and hence the preservation of their ethnic culture. But the legislation in this area practically does not take into account the peculiarities of northern nature management.

An important problem of preserving the culture of indigenous peoples is the threat of assimilation. Paragraph 2 of Art. 5 of the UN Framework Convention for the Protection of National Minorities states: “Without prejudice to measures taken within the framework of their common integration policy, the Parties shall refrain from any political or practical action aimed at assimilation of persons belonging to national minorities against their will, and shall protect these persons from any action aimed at such assimilation.

In this regard, let us note that within the framework of the program “Providing housing for citizens from among the indigenous peoples of the North”, in accordance with paragraph 4.1 of the Regulations on the implementation in 2005 of the main activities of the program “Providing housing for citizens from among the indigenous peoples of the North”, the District Target program "Housing" for 2005--2010, the provision of housing for citizens from among the indigenous peoples of the North is carried out by providing housing subsidies. According to part 2 of Art. fifteen Housing Code RF any residential premises is immovable. But the program “Provision of housing for citizens from among the indigenous peoples of the North” does not provide assistance in terms of the acquisition of chums by the population. If a person does not own housing, then in such a situation he is deprived of a choice.

Thus, while formally recognizing the right of indigenous peoples to use their culture, in reality, sufficient conditions are not created for the realization of this right. In this situation, it is necessary to find a balance between the economic development of the state and the preservation of cultural pluralism. At present, the dominance of the economic interests of the state is obvious. To achieve balance, it is necessary for the authorities and society to realize the value of various ways of cultural development. Each person should have the freedom of choice, including the freedom to choose value orientations. It is necessary to realize the importance, respect not only for the rights that ensure the physical existence of a person, but also for his spiritual development.

As already mentioned, indigenous peoples have the right to full and unhindered participation in all aspects of society, in particular in matters affecting their interests. In accordance with Art. 7 of the Law of the Yamalo-Nenets Autonomous Okrug “On State Support for Communities of Indigenous Peoples of the North and Organizations Carrying out Traditional Economic Activities on the Territory of the Yamalo-Nenets Autonomous Okrug”, these communities and organizations have the right to:

  • 1) make proposals to the executive authorities of the Autonomous Okrug to improve the system of state support provided in the Autonomous Okrug;
  • 2) participate in decision-making on issues of providing state support;
  • 3) participate in the development of regional targeted programs and control over their implementation.

The policy of human development in the region should be based on the partnership of civil society actors, business and government.

Improving the institutions of civil society will help further development of democracy. This will be served by qualitatively new approaches and mechanisms for the development of social partnership, expansion of forms of public self-government, public self-organization of citizens, and an increase in the legal culture of the population of the Autonomous Okrug. It is necessary to continue the creation of socio-economic, cultural-spiritual and legal conditions and prerequisites for the free development of personality; as well as the development of mechanisms for public participation (through examinations, consultations, monitoring, public hearings) in the discussion of the most important issues of the economic, social and public development of the Autonomous Okrug.

Creation of conditions for development market economy and the provision of jobs for the indigenous peoples of the North will be facilitated by a set of measures aimed at:

  • - strengthening the material and technical base of communities and personal nomadic farms through technical equipment, the acquisition of vehicles and small equipment;
  • - acquisition of a small refrigerator fleet and construction of mini-workshops for processing products of traditional industries;
  • - creation of a material and technical base for the development of ethnological, ecological and hunting tourism.

Factories of a new type will become socio-cultural and economic centers in inter-settlement areas to serve the nomadic population. It will provide services for procurement activities, trade, temporary accommodation of the tundra population and tourists, conducting veterinary activities in reindeer farms and miscalculating deer, organizing nomadic schools and summer camps for children, etc. The provision of household services (bath, laundry, hairdresser, etc.)

In order to preserve such cultural heritage sites as Mangazeya, Ust-Poluy, Gorny Samotnel-1, monuments of the Vaikar region and others of great historical importance, measures will continue to maintain excavation sites in a condition that allows archaeological work to be carried out.

A complex is planned restoration work and ethnographic studies of the region. It is planned to create a museum and memorial complex dedicated to the history of railway construction No. 501 "Chum-Salekhard-Igarka".

In addition to the fact that the historical heritage remains important in the process of educating the younger generation, its importance in the socio-economic context is growing.

The development of cultural heritage monuments and the creation of museum-historical complexes of the history and practice of the development of the North will allow:

  • - increase the tourist attractiveness of the Autonomous Okrug;
  • - expand the opportunities for citizens to familiarize themselves with historical and cultural values, increase interest in the history of the Autonomous Okrug;
  • - increase the level of civil responsibility of the population for the preservation of cultural heritage sites;
  • - to ensure the safety of unique scientific information about the objects of archaeological heritage and replenish the museum fund with archaeological collections.

In order to familiarize children and youth with the history and culture of their native land, the organization of summer archaeological camps will continue. information. It is planned to create specifications the operation of municipal television and radio companies in the mode of operation of a single district broadcasting channel, to modernize the printing base.

In order to create a real possibility of exercising the rights granted to communities and organizations, it is necessary:

  • 1) establish the procedure for the response of executive authorities to proposals for improving the system of state support carried out in the Autonomous Okrug and responsibility for improper performance of this duty;
  • 2) impose on the executive authorities of the subject the obligation to inform the indigenous peoples about the consideration of issues in which they can take part, or create commissions with the constant participation of representatives of the indigenous peoples of the North.

According to Part 2. Art. 7 of this Law, the executive authorities of the Autonomous Okrug may form commissions for the distribution and expenditure of funds for the provision of state support. The commission may include representatives of communities of the indigenous peoples of the North and organizations engaged in traditional economic activities. Obviously, the formation of commissions is left to the discretion of the executive authority, and it is not clear who and how decides the issue of participation of representatives of indigenous peoples.

Article 15 of the Framework Convention for the Protection of National Minorities states: “The Parties undertake to create the necessary conditions for the effective participation of persons belonging to national minorities in cultural, social and economic life, as well as in the conduct of public affairs, especially those that concern them. It is obvious that the norms devoted to the participation of the indigenous peoples of the North in resolving issues affecting their interests are of a non-systemic, non-specific nature and require more detailed development.

The right of national minorities to participate in governance is provided for in Art. 21 of the Universal Declaration of Human Rights, paragraph "a" Art. 25 of the International Covenant on Civil and Political Rights, art. 15 of the Framework Convention for the Protection of National Minorities.

In the Yamalo-Nenets Autonomous Okrug, the right of indigenous peoples to govern is realized to a certain extent. According to Art. 42 of the YaNAO Charter, the State Duma of the Autonomous Okrug consists of 22 deputies, three of whom represent indigenous peoples. Taking into account the fact that the population of the Yamalo-Nenets Autonomous Okrug is 507 thousand people, of which about 37 thousand people (7.3%) are representatives of indigenous peoples, then on average there is 1 deputy for 23 thousand people, and 37 thousand Nenets, Khanty and Selkups - 3 deputies. It would seem that the predominant position of indigenous peoples is obvious. However, hardly 3 deputies can effectively defend the rights of indigenous peoples. It should be noted that this system of representation still makes it possible to partially exercise the right of the indigenous peoples of the Yamalo-Nenets Autonomous Okrug to govern, while, for example, in the neighboring Nenets Autonomous Okrug, such a procedure for forming a district legislative body is not provided for.

In order to solve the problem of developing an effective mechanism for the participation of indigenous peoples in governance, it is necessary to take into account, in our opinion, the features of traditional legal culture. The literature on the customary law of the natives of Yamal contains an indication of the primacy of duty in the "right - duty" system. The norms of customary law contain, for the most part, not positive prescriptions, but prohibitions. The sources also indicate that decisions made by public assemblies or elders were rarely appealed. A man of traditional culture did not see himself outside of society. If he did not agree with the opinion of the public meeting, then he could not live in this society. Thus, in the traditional sense of justice, the attitude to defend one's rights has not been formed. However, at the same time, representatives of the indigenous population are still sensitive to traditional prohibitions, and, therefore, if possible, they will control their observance.

These features of the traditional legal culture must be taken into account when developing mechanisms for the participation of the indigenous population in the conduct of public affairs. In particular, it is quite realistic to create in principle new system representation of the indigenous population in government.

Thus, under the State Duma of the Yamalo-Nenets Autonomous Okrug, it is possible to create a body elected from representatives of indigenous peoples and only by the indigenous population. This body should have the right to veto when deciding issues affecting the interests of indigenous peoples. The list of such issues should be enshrined in legislation, and, in addition, it should be possible to appeal this decision in court either by an initiative group of persons belonging to indigenous peoples, or by a public organization of these peoples. In our opinion, this system is able to take into account a number of features of the traditional legal consciousness of the indigenous peoples of the North in the Yamalo-Nenets Autonomous Okrug and will make it possible to more effectively exercise and protect their rights.

The Russian Federation includes a considerable number of the most diverse peoples - according to experts, about 780 groups. The so-called small peoples of Russia live in the northern territory, which runs along 30 regions of the country. If you sum up their number, then there will be not so many of them: a little more than a quarter of a million. As of 2010, about 45 indigenous groups live in our state. This article will talk in detail about the features of residence, legal powers, problems and the legal status of the small peoples of Russia.

What are the Russian minorities?

Small specialists call small ethnic communities that preserve their traditions, customs and cultural characteristics of residence. The problem of the life of small peoples is raised not only at the all-Russian, but also at the world level. Thus, in 1993, the UN General Assembly adopted a resolution according to which special attention should be paid to small and indigenous communities. Russia then did not stand aside: the 1993 Constitution proclaimed the principle of guaranteeing rights and freedoms, both for ordinary citizens and for the indigenous representatives of the country. At the constitutional level, the consolidation of the rights of indigenous people is an integral element in the system of protection and support for democratic state development.

Why has special attention been paid to the problem of the existence of the small peoples of Russia lately? The answer to this question lies in history. The fact is that at the beginning of the 20th century, some peoples of our state faced a number of problems: economic, demographic, social and, of course, cultural. It happened, as it is not difficult to guess, because of the deepest state changes: revolutions, repressions, civil and Great Patriotic War etc. At the beginning of the 1990s, the issue of preserving the remaining indigenous and small peoples of Russia became acute.

It must be said that ethnic groups of a small type play an important role in the cultural development of the country. Moreover, they are an integral part of the multinational people of Russia, they act as an independent factor due to which the revival of the once great Russian statehood takes place. So what is the policy of the current authorities towards the small peoples of Russia? This will be discussed further.

The legal basis for the existence of indigenous peoples in the Russian Federation

The legal fixing of the status of certain ethnic groups is far from a new phenomenon. As early as the beginning of the 19th century, in the Russian Empire there was a special Charter on the life of foreigners, dating back to 1822. In this document, the indigenous inhabitants of certain territories of Russia were guaranteed the rights to self-government, land, cultural identity, etc. In Soviet times, a similar policy continued, but the places of settlement of national minorities began to be ruthlessly divided. Resettlement from place to place, as well as the principle of paternalism (dictatorship of behavioral norms) played a cruel joke on small peoples: centuries-old traditions and customs gradually began to disappear.

The problem was discovered in the 90s. In order to prevent further acceleration of the process of removing linguistic and cultural features among the indigenous and small peoples of Russia, a number of legal norms were enshrined proclaiming the principle of originality and the preservation of traditional culture among indigenous ethnic groups.

The first and most important source is, of course, the Russian Constitution. Here it is worth highlighting Article 72, which refers to the joint regulation of the rights and freedoms of national minorities by the regions and the federation. Articles 20 and 28 refer to the possibility to indicate one's nationality. Many federal laws and other regulations enshrine the principle of equal rights for different ethnic groups. It is worth highlighting the Federal Law "On the Basic Electoral Rights of Citizens", the Federal Law "On Languages ​​in the Russian Federation" and many other laws.

The Constitutional Court of the Russian Federation is the main state body in the country, whose duties include the legal protection of small peoples. The same instance establishes special guarantees and rights for ethnic groups, which will be discussed later.

On benefits and guarantees for the small peoples of Russia

What do Russian federal laws guarantee to ethnic minorities? If we are talking about the political sphere, then it is worth highlighting here separate legal prerequisites for the broad participation of indigenous peoples in the work of state bodies of the Russian Federation and local self-government instances. How does it work? According to the Federal Law "On the Electoral Rights of Citizens", special quotas for representation in government bodies should be established. This should happen through the formation of constituencies, which would include a smaller number of people than established by law. Constituencies may relate to individual national settlements, ethnic associations, tribes, etc.

The next area in which preferential rights of the indigenous peoples of Russia are possible is the economy. In this area, methods for the qualitative development of economic activities of the traditional type should be applied. Measures should be taken to create special territories in which it would be possible to use traditional methods of nature management. Do not forget about budget allocations aimed at supporting folk crafts. With strict regard to the interests of indigenous peoples, manufacturing enterprises may be subject to privatization. At the same time, the taxation of such enterprises will be carried out taking into account possible benefits and subsidies.

Finally, the preferential rights of the small peoples of Russia can also be exercised in the socio-cultural field. Here it is worth talking about the acceptance of conditions for the preservation of the spiritual and cultural foundations of a particular indigenous people. Ethnic media, relevant language and literature should be supported in every possible way by the state authorities. It is necessary to periodically conduct scientific research on the cultural spheres of small peoples.

International Law on Indigenous Peoples

National legal basis, which contains the norms on the protection of the legal status of the indigenous peoples of Russia, is based on the principles established by international law. In other words, Russian law should not contradict international legal norms. This rule is enshrined in the national Constitution of 1993.

All normative acts of an international character, which speak about the problems of the small peoples of the earth, can be divided into three main groups. The first such group includes documents that are advisory in nature. What does this mean? In short, the Declaration on Linguistic Minorities, Vienna (1989), Paris (1990), Geneva (1991) and many other declarative documents are aimed at stimulating a favorable attitude towards ethnic minorities.

The second group includes documentation, the purpose of which is to provide ideological and cultural influence on the legal system of a particular state. For example, Convention No. 169 speaks of tribal peoples, the CIS Convention of 1994 on the implementation of high-quality protection of the rights of minorities, etc. A feature of the presented group is that Russia ignores the documentation contained in it. Does this constitute a group of problems of the indigenous peoples of Russia? Probably not. After all, there is a third group, which includes legally binding documents for any state.

The latter consists of international documents designed to protect national minorities from various kinds of discriminatory and degrading moments. Thus, there is the Covenant on Political and Civil Rights of 1965, the European Convention for the Protection of Human Rights and Freedoms of 1950 and many other documents binding on the Russian state.

Rights and freedoms of Russian minorities

Today, Russia has Federal Law No. 256-FZ "On Guarantees of the Rights of Indigenous Peoples of Russia" of 1999. Article 8 of the submitted normative act informs about the rights of ethnic minorities. What exactly is worth highlighting here?

Peoples of a small type, as well as their associations, must be supported in every possible way by state power. This is necessary to protect their original habitat, traditional way of life, various kinds of crafts and management. That is why such peoples have the right to use minerals, soils, animals and plants in their habitats.

It is provided, of course, free of charge. However, this is far from the only right of the peoples of the type under consideration. It's also worth highlighting here:

  • the right to participate in the exercise of control over the use of their own lands;
  • the ability to carry out control and supervisory activities for the implementation of federal laws and regulations of the Russian Federation;
  • the right to build and reconstruct economic, domestic and industrial facilities;
  • the opportunity to receive timely from the Russian Federation cash or material allowance necessary for the cultural or socio-economic development of peoples;
  • the right to participate in the exercise of state power or local self-government - directly or through authorized representatives;
  • the ability to delegate their representatives to authorities;
  • the right to compensation for losses that have been caused as a result of damage to the natural habitat;
  • the right to receive assistance from the state in the form of reforming a particular social sphere.

This, of course, is far from all the possibilities that the law enshrined. It is also worth highlighting the replacement military service alternative civil rights, the ability to create special self-government instances, the right to exercise judicial protection, etc. It must be said that all the rights presented constitute the legal status of the small peoples of Russia.

Problems of small Russian peoples

Before proceeding to a story about the features of the life of the most famous indigenous ethnic groups of our state, it is worth identifying the main problems that these ethnic groups often have to face.

The first and probably the most important problem is the identification of national minorities. The identification process can be group and individual. Difficulties arise in the search for appropriate criteria and procedures. The second issue concerns the rights of minorities. As you know, indigenous peoples require special rights. To do this, it is necessary to qualitatively determine the conditions under which the implementation of special rights would be possible. Difficulties can arise in ensuring that rights are targeted and properly enforced in private or public legal areas.

The third problem of the indigenous peoples of the North of Russia can be called the difficulty of self-determination of such ethnic groups. The fact is that in this area there are problems of the expediency of forming territorial entities, granting rights or building guarantees of these rights. This implies another problem closely related to the system of legal regulation and security. Here, the issues of correlation between the beginnings of the regional and federal levels, the conclusion of agreements between ethnic groups, the application of customary law, etc. are extremely relevant. By the way, the problem of state administration for the affairs of small peoples of the Russian Federation is also quite acute. If we are talking about the levels of the relevant state institutions, about the delegation of powers to local governments, then some organizational difficulties may arise here.

It is also worth highlighting the problem of the status of public organizations of national minorities. The fact is that such organizations could be granted fairly large and voluminous rights regarding the electoral process, protection of interests, control over the exercise of powers, etc. Difficulties here may arise, again, when it comes to the question of the appropriateness of such actions.

Influence on the culture of small peoples

Various international treaties and national regulations establish rules that should never be violated. They also concern the centuries-old cultural traditions of a particular people. Still, Soviet times did not have the best effect on individual small peoples. So, it is worth paying attention to the Izhorians, who decreased several times between 1930 and 1950. And this is just a single example. State paternalism, chosen as a priority vector of cultural development in the Soviet era, had a very bad effect on almost all the original peoples of Russia. It must be said that a certain form of paternalism is present today, contrary to all established laws and regulations. And this is another problem of the small peoples of Russia, which should be paid close attention.

The thing is that in many peoples of the North there is an uncompromising struggle against shamanism. At the same time, it is shamanism that has the greatest influence on the traditions and culture of national minorities. All-Russian clericalization also contributes to the struggle to some extent. So, in the Republic of Sakha, the local Orthodox diocese set the task of completely eradicating paganism in the surrounding territories. Of course, one can refer to history, because such a struggle was fought back in the days of tsarist Russia. But is it good today? In the context of maintaining secularism and the priority of cultural customs, such actions of the church should be regarded as forceful pressure on the traditions of certain peoples.

List of Indigenous Peoples of Russia

From the Kola Peninsula, located in the Murmansk region, up to the Far Eastern regions, there are many different national minorities. The list of the small peoples of Russia, although established quite a long time ago, is nevertheless supplemented from time to time. It is worth mentioning the most famous national minorities in Russia:

  • Republic of Karelia and Leningrad Region: Vepsians, Izhors, Vods and Kumadins;
  • Kamchatka: Aleuts, Alyutors, Itelmens, Kamchadals, Koryaks, Chukchis, Evenks, Evens and Eskimos;
  • Krasnoyarsk region and Yakutia: Dolgans, Nganasans, Nenets, Selkups, Teleuts, Enets;
  • Sakha and Magadan region: Yukagirs, Chuvans, Lamuts, Orochs, Koryaks.

Naturally, the list is not complete. It can be constantly supplemented, because some peoples are still being discovered, while others are completely "dying out". A description of the small peoples of the North of Russia will be presented below.

About the largest and smallest peoples of the North of Russia

The list of small peoples of the Russian Federation is constantly updated. This is due to the discovery of new, hitherto unknown settlements. For example, not so long ago, the Vod group, consisting of only 82 people, acquired the status of an ethnic minority. By the way, it is Vod that is the smallest people in Russia. This ethnic group lives in the Leningrad region, and therefore is part of the Finno-Ugric group. Vod representatives speak the Estonian dialect. Until now, the main occupation of this people is agriculture, handicrafts and forestry. At the moment, the Vod is engaged in the supply of products to the capital of the Leningrad Region. It must be said that the spread of Orthodoxy and multiple mixed marriages had a noticeable effect on the national group in question. This was expressed in the almost complete loss of the national language and centuries-old culture.

It is worth telling a little more about the rest of the small peoples of the North of Russia. So, in contrast to the smallest people of a small type, there is also the largest. At the moment it is a group of Karelians. On the territory of the Vyborg and Leningrad regions, there are about 92 thousand people. The Karelian ethnos was formed by the beginning of the 13th century. Surprising is the fact that the mass baptism in Novgorod territory had practically no effect on the culture of the Karelians. In this group, few people understood the Russian language, and therefore the propaganda of Orthodoxy did not touch such an original group and could not influence the traditions of this people. The main occupation of the Karelians is fishing and reindeer herding. To date, the woodworking industry is well developed in the Karelian Republic.

Peoples of Chukotka

Many people know that it is on the territory of the Chukotka Autonomous Okrug that the largest number of national minorities live. Chuvans, for example, there are about one and a half thousand people. This is an Arctic race of a large Mongoloid group. Most of the Chuvans speak the Chukchi language with a small Russian dialect. Another such group is known to all Russians: the Chukchi. There are about 15 thousand of them. The Chukchi live in Yakutia.

In total, about 90 thousand people live in Chukotka. Although 30 years ago this figure was much higher. What is the reason? Why has the number of representatives of national minorities decreased noticeably since the beginning of the 1990s? Even the most prominent experts find it difficult to answer this question. After all, a similar situation is happening in Kamchatka, where from 472 thousand people as of 1991, only 200 thousand people remain today. Perhaps the whole thing is in urbanization, although statistics do not show any high indicators in this area. In fairness, it should be noted that the problems are solved by pursuing a quality policy to preserve the small peoples of Russia.

Dear friends! Before answering this question, I would like to note that in modern legislation in relation to indigenous peoples there is no concept of "benefit", but there is RIGHT A, enshrined in the Constitution and legislative acts.

The special rights granted to the indigenous peoples of the North are not privileges and privileges. This is one of the forms of action aimed at ensuring that indigenous peoples can preserve their characteristics and traditions.

The main measures of social support, rights for persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation are established at the regional level (legislative and other regulatory legal acts of the subjects of the Russian Federation).

On the federal level separate rights are established, which are provided for by the following federal laws.

I. Federal Law No. 82-FZ of April 30, 1999 “On Guarantees of the Rights of Indigenous Minorities of the Russian Federation”:

Article 8 they have a right:

2) participate in the exercise of control over the use of lands of various categories necessary for the implementation of traditional management and traditional crafts of small peoples, and common minerals in places of traditional residence and traditional economic activities of small peoples;

3) participate in monitoring compliance with federal laws and laws of the subjects of the Russian Federation on environmental protection in the industrial use of land and natural resources, construction and reconstruction of economic and other facilities in places of traditional residence and traditional economic activities of small peoples;

4) to receive material and financial resources necessary for the socio-economic and cultural development of small peoples, the protection of their original habitat, traditional way of life, management and crafts;

5) to participate through authorized representatives of small peoples in the preparation and adoption by the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments of decisions on the protection of the original habitat, traditional way of life, management and crafts of small peoples;

6) to participate in the conduct of environmental and ethnological expertise in the development of federal and regional state programs for the development of natural resources and environmental protection in places of traditional residence and traditional economic activities of small peoples;

7) to delegate authorized representatives of small peoples to the councils of representatives of small peoples under the executive authorities of the constituent entities of the Russian Federation and local governments;

8) for compensation for losses caused to them as a result of damage to the original habitat of small peoples by the economic activities of organizations of all forms of ownership, as well as by individuals;

9) to receive assistance from the state to reform all forms of education and training of the younger generation of small peoples, taking into account the traditional way of life and management of small peoples.

Persons belonging to small peoples, in order to protect the original habitat, traditional way of life, management and crafts of small peoples they have a right:

1) to use gratuitously in places of traditional residence and traditional economic activities of small peoples lands of various categories necessary for the implementation of their traditional management and traditional crafts, and common minerals in the manner established by federal legislation and the legislation of the constituent entities of the Russian Federation;

2) participate in the formation and activities of councils of representatives of small peoples under the executive authorities of the constituent entities of the Russian Federation and local governments;

3) for compensation for losses caused to them as a result of damage to the original habitat of small peoples by the economic activities of organizations of all forms of ownership, as well as by individuals;

4) to use the privileges for land use and nature management necessary for the protection of their original habitat, traditional way of life, management and crafts, established by federal legislation, the legislation of the constituent entities of the Russian Federation and regulatory legal acts of local governments;

5) for priority employment in their specialty in the organization of traditional industries and traditional crafts of small peoples, created in the places of their traditional residence and traditional economic activity;

6) in accordance with the procedure established by civil law, create economic partnerships and companies, production and consumer cooperatives that carry out traditional management and engage in the crafts of small peoples together with persons who do not belong to small peoples, provided that at least half of the jobs in the organizations being created will be provided to persons belonging to small peoples;

7) for the priority acquisition of the ownership of organizations of traditional industries and traditional crafts of small peoples in the places of their traditional residence and traditional economic activity;

8) receive social services in the manner established by the legislation of the Russian Federation;

9) receive free medical care in state and municipal health care institutions within the framework of the Program of State Guarantees of Compulsory Medical Insurance.

Article 9 The right of persons belonging to small peoples, to replace military service with alternative civilian service

Persons belonging to small peoples, leading a traditional way of life, carrying out traditional economic activities and engaged in traditional crafts, have the right to replace military service with alternative civilian service in accordance with the Constitution of the Russian Federation and federal law.

Article 10

Persons belonging to small peoples, associations of small peoples in order to preserve and develop their original culture and in accordance with the legislation of the Russian Federation has the right:

1) preserve and develop native languages;

2) create public associations, cultural centers and national-cultural autonomies of small peoples, funds for the development of small peoples and funds for financial assistance to small peoples;

3) to create, in accordance with the legislation of the Russian Federation and with their own material and financial capabilities, training groups consisting of persons belonging to small peoples to teach them the traditional management and crafts of small peoples;

4) receive and disseminate information in native languages, create mass media;

5) observe their traditions and perform religious rites that do not contradict federal laws, the laws of the constituent entities of the Russian Federation, maintain and protect places of worship;

6) establish and develop ties with representatives of indigenous peoples living in the territories of other constituent entities of the Russian Federation, as well as outside the territory of the Russian Federation.

II. Forest Code of the Russian Federation

Article 30

2. In the places of traditional residence and economic activity of persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation and leading a traditional way of life, these persons have the right to harvest wood for their own needs free of charge based on the standards established in accordance with part 5 article 30 of the Forest Code of the Russian Federation.

III. tax code Russian Federation

1) Communities of small peoples are exempt from taxation land tax(Article 395 of the Tax Code of the Russian Federation).

2) Income tax is not subject to personal income tax (with the exception of wages employees), received by members of duly registered tribal, family communities of the small peoples of the North, engaged in traditional sectors of management, from the sale of products obtained as a result of their traditional types of fishing (Article 217 of the Tax Code of the Russian Federation).

3) The obligation to pay a fee for the use of objects of aquatic biological resources does not arise when communities of small peoples harvest (catch) aquatic biological resources to meet personal needs within the established limits (quotas), regardless of the fact that a fishing area is provided for use (Article 332.2 of the Tax Code of the Russian Federation) .

In other cases, when extracting (catching) aquatic biological resources by communities of small peoples for sale, the taxation of a fee for the use of objects of aquatic biological resources is carried out in accordance with the generally established procedure.

Chapter 25.1. FEES FOR THE USE OF WILDLIFE SITES AND FOR THE USE OF WATER BIOLOGICAL RESOURCES

Article 333.2. Objects of taxation

2. For the purposes of this chapter, objects of the animal world and objects of aquatic biological resources, the use of which is carried out to meet personal needs by representatives of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation (according to the list approved by the Government of the Russian Federation) and persons not belonging to indigenous peoples, but permanently residing in the places of their traditional residence and traditional economic activities, for which hunting and fishing are the basis of existence. Such right applies only to the number (volume) of objects of the animal world and objects of aquatic biological resources, extracted to meet personal needs, in places of traditional residence and traditional economic activity of this category of payers. Limits on the use of wildlife and limits and quotas on the extraction (catch) of aquatic biological resources to meet personal needs are established by the executive authorities of the constituent entities of the Russian Federation in agreement with the authorized federal executive authorities.

IV. Water Code of the Russian Federation

Article 54

2. Persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, and their communities in the places of their traditional residence and traditional economic activity entitled use water bodies for traditional nature management.

V. Federal Law of July 24, 2009 No. 209-FZ “On hunting and on the conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation”.

Article 19. Hunting for the purpose of maintaining a traditional lifestyle and carrying out traditional economic activities

1. Hunting in order to ensure the maintenance of a traditional way of life and the implementation of traditional economic activities is carried out by persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, and their communities, as well as persons who do not belong to these peoples, but permanently reside in the places of their traditional residence and traditional economic activity and for which hunting is the basis of existence.

2. Hunting in order to ensure the maintenance of a traditional way of life and the implementation of traditional economic activities is carried out freely (without any permits) in the amount of extraction of hunting resources necessary to satisfy personal consumption.

3. Hunting products obtained in the course of hunting in order to ensure the maintenance of a traditional way of life and the implementation of traditional economic activities, are used for personal consumption or sold to organizations engaged in the purchase of hunting products.

VI. Federal Law No. 166-FZ of December 20, 2004 “On Fishing and Conservation of Aquatic Biological Resources”.

Article 25

1. Fishing for the purpose of ensuring the traditional way of life and carrying out traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation is carried out by persons belonging to these peoples and their communities with or without the provision of a fishing site.

2. Fishing in order to ensure the traditional way of life and carry out traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation without the provision of a fishing site is carried out without a permit for the extraction (catch) of aquatic biological resources, with the exception of the extraction (catch) of rare and under threat of extinction of species of aquatic biological resources.

3. The procedure for fishing in order to ensure the traditional way of life and the implementation of traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation is established by the federal executive body in the field of fishing.

VII. Federal Law No. 255-FZ of December 29, 2006 “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood”.

Article 2. Persons subject to compulsory social insurance in case of temporary disability and in connection with motherhood

3. Lawyers, individual entrepreneurs, members of peasant (farm) households, individuals who are not recognized as individual entrepreneurs (notaries engaged in private practice, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), members of family (clan) communities of indigenous peoples of the North are subject to compulsory social insurance in case of temporary disability and in connection with motherhood in if they have voluntarily entered into a relationship on compulsory social insurance in case of temporary disability and in connection with motherhood and pay for themselves insurance premiums in accordance with Article 4.5 of this Federal Law.

Article 2.1. Policyholders

2. For the purposes of this Federal Law, lawyers, individual entrepreneurs, members of peasant (farmer) households, individuals who are not recognized as individual entrepreneurs (notaries engaged in private practice, other persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation), members of family (tribal) communities of the indigenous peoples of the North who voluntarily entered into relations on compulsory social insurance in case of temporary disability and in connection with motherhood in accordance with Article 4.5 of this Federal Law. These persons shall exercise the rights and bear the obligations of policyholders provided for by this Federal Law, with the exception of the rights and obligations associated with the payment of insurance coverage to insured persons.

VIII. Land Code RF

Article 7. Composition of lands in the Russian Federation

3. In places of traditional residence and economic activity of the indigenous peoples of the Russian Federation and ethnic communities, in cases provided for by federal laws, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, a special legal regime for the use of the lands of these categories.

Article 78. Use of agricultural land

1. Agricultural lands may be used for agricultural production, creation of protective forest plantations, research, educational and other purposes related to agricultural production:

Communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation for the preservation and development of their traditional way of life, management and crafts.

Article 82 East of the Russian Federation

Terms of Service land plots from agricultural lands to business partnerships and companies, production cooperatives, state and municipal unitary enterprises, other commercial organizations, religious organizations, Cossack societies, research organizations, educational institutions of an agricultural profile, communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation for the implementation of agricultural production, the creation of protective forest plantations, research, educational and other purposes related to agricultural production, as well as for the preservation and development of the traditional way of life, management and crafts of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation are established by federal law on the turnover of agricultural land.

Article 97

5. In the places of traditional residence and economic activities of indigenous peoples of the Russian Federation and ethnic communities, in cases provided for by federal laws on indigenous peoples, territories of traditional nature management of indigenous peoples may be formed. The procedure for the use of natural resources in these territories is established by federal laws, their boundaries are determined by the Government of the Russian Federation.