Basic research. Modern problems of science and education Development of indigenous peoples

DEVELOPMENT OF LEGISLATION ON PROTECTION OF RIGHTS

INDIGENOUS PEOPLES IN THE RUSSIAN FEDERATION

Although the indigenous peoples Russian Federation make up a small part of the population of our vast country, they fully enjoy the rights that all the peoples of Russia have, regardless of their number and place of residence. This follows from the preamble to the Constitution of the Russian Federation, which enshrined the universally recognized principle of equal rights and self-determination of peoples. Proceeding from the fact that each people is original, all the peoples of Russia have the right to preserve and develop their national language, their culture, and the preservation of their ethnicity.

Most indigenous small peoples traditionally live in hard-to-reach areas with a harsh climate and limited natural resources for personal consumption. Extreme conditions predetermine for the representatives of these peoples the choice of practical activities that make it possible to maintain human life only at a level that is sufficient only to ensure the possibility of his survival. The features of the traditional way of life of representatives of indigenous peoples are such that they do not allow them to fully enjoy all the constitutional rights of Russian citizens without providing special guarantees. Therefore, the state should pay special attention to the indigenous peoples.

In the Constitution of the Russian Federation, a separate article is devoted to guarantees of the rights of small peoples. 69, establishing that the rights of these peoples are guaranteed in accordance with generally recognized principles and norms international law and international treaties Russian Federation. Although this article does not directly indicate or define the specific rights of persons belonging to indigenous peoples, nevertheless, its significance lies in the fact that it obliges our state to address the issue of the rights of these peoples and guarantee them so that there is no gap between the real rights of indigenous peoples and the rights of the rest of the country's population. Protection of the rights of the indigenous peoples of the Russian Federation is one of the important constitutional tasks of our state as a democratic and social state. Inclusion in the Constitution of Art. 69 was a reflection of the democratization of Russian society and its desire to accept all the most progressive of the international legal documents in the field of human rights and freedoms.

It should be emphasized that the need to take additional measures to regulate the rights and legitimate interests of the indigenous peoples of our country is due to the fact that for a long time the legal status of the indigenous peoples, especially the indigenous peoples of the North, Siberia and Far East The Russian Federation was not given sufficient attention, which in practice led to the deprivation of their habitual and traditional living conditions, the deterioration of its quality, the impossibility of preserving and developing by these peoples of their culture and language. Industrial expansion in the areas of traditional residence of indigenous peoples has put some of them on the brink of extinction. Per last years In our country, there has been a trend, still very unstable, of creating the economic foundations for maintaining the traditional types of economic activity of these peoples and preserving the original environment of their settlement and life.

Of particular note is the importance of the experience of indigenous peoples in the conservation and protection of the environment. Unfortunately, the present, and even more so the future value of the personnel potential of indigenous peoples, whose representatives have centuries-old experience of survival and work in extreme climatic conditions, is underestimated. Far North.

Indigenous peoples constitute a special group of the population of our country, which is reflected in the legislative consolidation of the relevant concept (Article 1 of the Law on Guarantees of the Rights of Peoples). This definition then it was actually reproduced in the Federal Law "On the General Principles for Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation", but already in relation to indigenous peoples living in a certain region.

From the wording given in the Law on Guarantees of the Rights of Peoples, it follows that, firstly, only those peoples who live in the territories of the traditional settlement of their ancestors and, secondly, preserve the traditional way of life, economic management and crafts, belong to the indigenous peoples. .

Speaking of the "territory of traditional settlement", it should be noted that almost all peoples, in whatever region they live and whatever their number, under the influence of various circumstances (both objective and subjective) during their history changed their areas of residence . Obviously, taking this into account, the legislator did not consider it necessary to specify the provision on the traditional nature of settlement used in the Laws, thereby giving the right to evaluate it to the state authorities of those subjects of the Federation on whose territory these peoples currently live. It would be correct, in our opinion, to consider this provision on the traditional nature of settlement as aimed at preventing a further reduction in the territories used by indigenous peoples and thereby preserving the natural conditions they need.

Often these days, one nation does not live compactly, but in groups on the territories of several subjects of the Federation. Thus, the majority of Vepsians live in Karelia, but some live in the Leningrad and Vologda regions. The Nenets live in the Nenets, Yamalo-Nenets, Khanty-Mansiysk, Taimyr (Dolgano-Nenetsky) Autonomous Okrugs, Arkhangelsk Region. Selkups - in the Yamal-Nenets Autonomous Okrug, as well as in the Tomsk Region and the Krasnoyarsk Territory. Naturally, it can be quite difficult to determine the area of ​​traditional settlement of these peoples, especially in relation to nomadic peoples. It seems that in this case one should be guided, first of all, not so much by the traditional nature of settlement, as by the definition of territories that, over the foreseeable historical period of time, have moved to current generation from one or two previous generations.

The law on guarantees of rights classifies as indigenous peoples only those peoples who have preserved their traditional way of life, forms of management and types of crafts. However, the preservation of the traditional way of life, forms of management does not at all imply a simple copying of them from the past. It is quite natural that the development of technology, the introduction of new technologies and other circumstances that make life easier for a person inevitably have an impact on the methods of management and the nature of crafts, and they, in turn, make some changes to the traditional way of life. But at the same time (and this is significant) representatives of indigenous peoples do not lose their traditional skills aimed at protecting their habitat, which is facilitated by the preservation of their traditional way of life and traditional economic foundations. So, reindeer herders accompany reindeer herds and direct them along paths that provide the deer with the necessary food, but do not lead to the irreversible death of the vegetation. Anglers seek to protect fish spawning grounds from predatory fishing and thereby preserve water resources where they live for future generations.

The traditional way of life and management of indigenous peoples should be considered unchanged precisely because today, as in the past, they maintain a spiritual unity with nature, the meaning of which is to ensure human life and preserve the natural environment. Therefore, the traditional way of life and management of indigenous peoples cannot be reduced to their occupation by reindeer herding or fishing. It is hardly reasonable to always consider the occupation of the population as a sign of its nationality. National affiliation and way of life does not change along with a change in occupation. A Nenets or Mansi living in a city, if he maintains a spiritual connection with his people, remains a Nenets or Mansi, although he lives in a multi-storey building, and neither reindeer herding nor fishing is the source of his livelihood. His belonging to an indigenous small people is based not so much on the way of life as on the national self-consciousness of a person.

When considering the characteristics of indigenous peoples, the most questionable is the provision of the Law on Guarantees of the Rights of Peoples on the extension of guarantees only to peoples "numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities" (Article 1 of the Law). Is such an approach to the definition of indigenous peoples justified based on their numbers? The Constitution of the Russian Federation does not divide peoples on the basis of their numbers; its preamble states that it proceeds from "generally recognized principles of equal rights and self-determination of peoples."

At present, the 50,000 threshold for recognizing a people as small, established by the Law on Guarantees of the Rights of Peoples, does not create difficulties, since the majority of the indigenous peoples covered by the said Law do not exceed this limit. It should also be borne in mind that small peoples do not always live compactly. Their settlement and areas of their nomadism are often determined by finding sources of livelihood, for example, forests for hunters, pastures for deer by reindeer herders, water areas rich in fish for fishermen, etc. As a result, often compactly living persons belonging to one small people number only a few hundred and even tens.

DEVELOPMENT OF LEGISLATION ON PROTECTION OF RIGHTS

INDIGENOUS PEOPLES IN THE RUSSIAN FEDERATION

Despite the fact that the indigenous peoples of the Russian Federation make up a small part of the population of our vast country, they fully enjoy the rights that all the peoples of Russia have, regardless of their number and place of residence. This follows from the preamble to the Constitution of the Russian Federation, which enshrined the universally recognized principle of equal rights and self-determination of peoples. Proceeding from the fact that each people is original, all the peoples of Russia have the right to preserve and develop their national language, their culture, and the preservation of their ethnicity.

Most indigenous peoples traditionally live in hard-to-reach areas with a harsh climate and limited natural resources for personal consumption. Extreme conditions predetermine for the representatives of these peoples the choice of practical activities that make it possible to maintain human life only at a level that is sufficient only to ensure the possibility of his survival. The features of the traditional way of life of representatives of indigenous peoples are such that they do not allow them to fully enjoy all the constitutional rights of Russian citizens without providing special guarantees. Therefore, the state should pay special attention to the indigenous peoples.

In the Constitution of the Russian Federation, a separate article is devoted to guarantees of the rights of small peoples. 69, which establishes that the rights of these peoples are guaranteed in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation. Although this article does not directly indicate or define the specific rights of persons belonging to indigenous peoples, nevertheless, its significance lies in the fact that it obliges our state to address the issue of the rights of these peoples and guarantee them so that there is no gap between the real rights of indigenous peoples and the rights of the rest of the country's population. Protection of the rights of the indigenous peoples of the Russian Federation is one of the important constitutional tasks of our state as a democratic and social state. Inclusion in the Constitution of Art. 69 was a reflection of the democratization of Russian society and its desire to accept all the most progressive of the international legal documents in the field of human rights and freedoms.

It should be emphasized that the need to take additional measures to regulate the rights and legitimate interests of the indigenous peoples of our country is due to the fact that for a long time the legal status of the indigenous peoples, especially the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, has not been given sufficient attention. which led in practice to the deprivation of their habitual and traditional living conditions, the deterioration of its quality, the impossibility of preserving and developing by these peoples of their culture and language. Industrial expansion in the areas of traditional residence of indigenous peoples has put some of them on the brink of extinction. In recent years, there has been a tendency in our country, still very unstable, to create economic foundations for maintaining the traditional types of economic activities of these peoples and preserving the original environment of their settlement and life.

Of particular note is the importance of the experience of indigenous peoples in the conservation and protection of the environment. Unfortunately, the present, and even more so the future value of the human resources potential of indigenous peoples, whose representatives have centuries-old experience of survival and work in the extreme climatic conditions of the Far North, is underestimated.

Indigenous peoples constitute a special group of the population of our country, which is reflected in the legislative consolidation of the relevant concept (Article 1 of the Law on Guarantees of the Rights of Peoples). This definition was then actually reproduced in the Federal Law "On the General Principles for Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation", but already in relation to indigenous peoples living in a certain region.

From the wording given in the Law on Guarantees of the Rights of Peoples, it follows that, firstly, only those peoples who live in the territories of the traditional settlement of their ancestors and, secondly, preserve the traditional way of life, economic management and crafts, belong to the indigenous peoples. .

Speaking of the "territory of traditional settlement", it should be noted that almost all peoples, in whatever region they live and whatever their number, under the influence of various circumstances (both objective and subjective) during their history changed their areas of residence . Obviously, taking this into account, the legislator did not consider it necessary to specify the provision on the traditional character of settlement used in the Laws, thereby giving the right to evaluate it to the state authorities of those subjects of the Federation on the territory of which these peoples live today. It would be correct, in our opinion, to consider this provision on the traditional nature of settlement as aimed at preventing a further reduction in the territories used by indigenous peoples and thereby preserving the natural conditions they need.

Often these days, one nation does not live compactly, but in groups on the territories of several subjects of the Federation. Thus, the majority of Vepsians live in Karelia, but some live in the Leningrad and Vologda regions. The Nenets live in the Nenets, Yamalo-Nenets, Khanty-Mansiysk, Taimyr (Dolgano-Nenetsky) Autonomous Okrugs, Arkhangelsk Region. Selkups - in the Yamal-Nenets Autonomous Okrug, as well as in the Tomsk Region and the Krasnoyarsk Territory. Naturally, it can be quite difficult to determine the area of ​​traditional settlement of these peoples, especially in relation to nomadic peoples. It seems that in this case one should be guided, first of all, not so much by the traditional nature of settlement, as by the definition of territories that, over the foreseeable historical period of time, passed to the current generation from one or two previous generations.

The law on guarantees of rights classifies as indigenous peoples only those peoples who have preserved their traditional way of life, forms of management and types of crafts. At the same time, the preservation of the traditional way of life and forms of management does not at all imply a simple copying of them from the past. It is quite natural that the development of technology, the introduction of new technologies and other circumstances that make life easier for a person inevitably have an impact on the methods of management and the nature of crafts, and they, in turn, make some changes to the traditional way of life. But with all this (and this is significant), representatives of indigenous peoples do not lose their traditional skills aimed at protecting their habitat, which is facilitated by the preservation of their traditional way of life and traditional economic foundations. Thus, reindeer herders accompany the reindeer herds and guide them along the paths that provide the reindeer with the necessary food, but do not lead to the irreversible death of the vegetation. Anglers strive to protect fish spawning grounds from predatory fishing and thus preserve water resources in their places of residence for the next generations.

The traditional way of life and management of indigenous peoples should be considered unchanged precisely because today, as in the past, they maintain a spiritual unity with nature, the meaning of which is to ensure human life and preserve the natural environment. Therefore, the traditional way of life and management of indigenous peoples cannot be reduced to their occupation by reindeer herding or fishing. It is hardly reasonable to always consider the occupation of the population as a sign of its national identity. National affiliation and way of life does not change along with a change in occupation. A Nenets or Mansi living in a city, if he maintains a spiritual connection with his people, remains a Nenets or Mansi, although he lives in a multi-storey building, and neither reindeer herding nor fishing is the source of his livelihood. His belonging to an indigenous small people is based not so much on the way of life as on the national self-consciousness of a person.

When considering the characteristics of indigenous peoples, the most questionable is the provision of the Law on Guarantees of the Rights of Peoples on the extension of guarantees only to peoples "numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities" (Article 1 of the Law). Is such an approach to the definition of indigenous peoples justified based on their numbers? The Constitution of the Russian Federation does not divide peoples on the basis of their numbers; its preamble states that it proceeds from "generally recognized principles of equal rights and self-determination of peoples."

At present, the 50,000 threshold for recognizing a people as small, established by the Law on Guarantees of the Rights of Peoples, does not create difficulties, since the majority of the indigenous peoples covered by the said Law do not exceed this limit. It should also be borne in mind that small peoples do not always live compactly. Their settlement and areas of their nomadism are often determined by finding sources of livelihood, for example, forests for hunters, pastures for deer by reindeer herders, water areas rich in fish for fishermen, etc. As a result, often compactly living persons belonging to one small people number only a few hundred and even tens.

INTRODUCING a numerical criterion into the definition of an indigenous people, which, according to the Law, are subject to special guarantees, seems to be unsuccessful, it does not meet the social purpose of the legislation on guarantees of the rights of indigenous peoples. After all, the purpose of these laws is to create conditions under which the indigenous peoples, including the indigenous peoples of the North, would not only have equal rights with all other peoples of Russia, but also get the same opportunity to use them. Most of the factors that led to the need for state assistance to indigenous peoples are not directly related to their numbers. The fact is that these peoples from generation to generation live in extreme climatic conditions that have a negative impact on the human body. The labor activity of representatives of these peoples in the traditional and practically the only possible areas of economic activity for them is significantly and constantly hampered by the reduction of the natural resources at their disposal and being the source of their existence.

And finally, one of the most important goals of guaranteeing the rights of indigenous peoples is to provide them with an equal opportunity with other Russian peoples to self-determine, primarily in the national and cultural sphere, to give them the opportunity freely, based on their own ideas, to preserve and develop their traditions and customs. , their native languages. This largely determines the awareness of the indigenous peoples of themselves as independent ethnic communities. In accordance with the Law on Guarantees of the Rights of Peoples, the guarantees established by it apply to those indigenous peoples who recognize themselves as an independent ethnic community.

From what has been said above about the conditions for recognizing a particular people as an indigenous people, it follows that these conditions have both objective (for example, traditional crafts, the presence of common traditions) signs, and such signs that can be attributed to a certain extent to subjective (for example, self-awareness as an independent ethnic community). It can be stated with confidence that persons belonging to the indigenous peoples of Russia, including the peoples of the North, are very clearly aware of their belonging to a particular people, each of which has its own, only inherent features. This does not exclude the realization of a certain commonality of all the indigenous peoples of the country, largely determined by their living in complex natural conditions, the need for collective labor to earn a livelihood, common traditions and a number of other circumstances.

The inclusion of people in the "Unified List of Indigenous Minorities", approved by Decree of the Government of the Russian Federation of March 24, 2000 N 255, is the basis for the extension of the guarantees established by the Law on Guarantees of the Rights of Peoples and other federal laws defining the rights of indigenous minorities. If any specific nation was not included in the "Unified List...", this should be considered as a mistake and should not lead to the deprivation of this people of their rights and state guarantees. The state authorities of the subject of the Federation, in whose territory the given people lives, are obliged to accept all necessary measures to remove obstacles to the free development of the people, in particular, by raising the question of including this people in the "Unified List ..." before the Government of the Russian Federation.

In our opinion, it would be useful to include in the Law on Guarantees of the Rights of Peoples a legal norm establishing the procedure for determining the number of small peoples living, as is often the case, in several subjects of the Federation. The obligation to inform the Government of the Russian Federation about generalized data on the number of specific small-numbered peoples living in several subjects of the Federation should be placed on the federal statistical authorities. But here the problem arises of the correlation of the information provided by the statistical authorities, based on personal and uncontrolled data on the applications of citizens, with the obligation of the state to provide the guarantees of rights established by the Law to persons classified as indigenous peoples. This issue is of significant importance for citizens, since their national affiliation with indigenous peoples means that they are specifically covered by a number of state guarantees, and it must be resolved, in particular, by establishing procedures for resolving conflict situations when providing guarantees in connection with belonging of a person or group of persons to an indigenous small people.

It is necessary to legally establish the main objective signs that give a person a reason to demand that the established federal guarantees of the rights of indigenous peoples be extended to him. It seems that the proof of a person's belonging to a particular indigenous people is, first of all, his personal participation in the traditional economy of the indigenous people, the preservation of moral customs and traditions characteristic of this indigenous people. Moreover, participation in traditional management should not be a one-time action, it should be based on the way of life of this person.

The concept of "indigenous peoples", contained in federal legislation, includes the definition of the original habitat of indigenous peoples. The primordial habitat of peoples should be understood from ancient times, "from time immemorial for them", the territory they occupy (area of ​​distribution, range), within which a small people carry out their cultural and everyday life and which determines or at least affects their way of life. and self-identification. Living in a particular area predetermines the need to use the only possible means of life support in these natural conditions, for example, reindeer herding or fishing.

Analyzing the Law on Guarantees of the Rights of Peoples, one should consider another concept that is especially important for the situation of indigenous peoples living in the harsh Arctic climate. We are talking about the traditional way of life of indigenous peoples. This is a historically established way of life support for small peoples, based on the historical experience of their ancestors in the field of nature management, a kind of social organization, original culture, and the preservation of customs and beliefs. Although this concept can be considered as an addition to the definition of the concept of "indigenous peoples", which was mentioned above, it has, in our opinion, an independent meaning. It is especially significant that it uses the concepts of "life support" and "life activity", which are the main ones in granting rights to indigenous peoples in the field of nature management.

Life support includes almost everything necessary for normal life human, reproduction and preservation of the ethnic community, first of all, the opportunity to have food, clothing, housing, etc. The historically established means of subsistence of the indigenous peoples of the North are essentially all the main areas of economic activity of these peoples, who today, as in previous centuries, are engaged in fishing, hunting, reindeer herding, collecting wild plants, making clothes that are accepted in everyday life and convenient for work. housekeeping, and other trades.

The fact that economic activity carried out by historically established traditional methods is precisely the main source of life support is important for determining whether a person belongs to an indigenous people and for extending the guarantees established by federal laws to him. This is important for separating people belonging to indigenous peoples from people who live in the same territory as indigenous peoples, but for whom traditional ways of managing are neither basic nor essential.

At the same time, one cannot ignore the fact that, in essence, the forcible withdrawal of natural resources from the use of indigenous peoples often forces their representatives to abandon their traditional places of residence and look for other ways to meet their vital needs and, accordingly, change their habitual way of life. As a result, there is a real threat of loss of identity inherent in these peoples.

For centuries, the economic activity of indigenous peoples was carried out in such a way that nature did not lose the opportunity to restore itself, they took care of its preservation and restoration. It is these circumstances, as already mentioned, that determine the originality of the social organization of small peoples, relationships in the family, clan, relations between clans, etc. Analyzing the spiritual values ​​of indigenous peoples, one should pay attention to the fact that they were formed under the influence of the need to survive in harsh natural conditions, which obligated peoples to develop traditions of mutual assistance to the weaker and to protect, along with man, nature, which in their ideas also requires care and protection.

Only taking into account all the above features of indigenous peoples, taken in aggregate, it is possible to single out indigenous peoples as a separate group of peoples who can quite reasonably enjoy special protection from the state. At the same time, it must be remembered that the centuries-old fragmentation of these peoples, associated, in particular, with the sparsely populated vast territories in which they lived and live, severe natural climatic conditions led to the fact that each individual nation, and sometimes its individual branches, has only its own inherent features and characteristics that are difficult to express in the language of law.

Guarantees of the rights of indigenous peoples, established by the named Federal laws and other regulatory legal acts, are a visible stage on the way to full and equal, as required by the Constitution of the Russian Federation, social protection of indigenous peoples. At the same time, the obligations of the Russian Federation in the field of protecting the rights of indigenous peoples in accordance with the principles and norms of international law are still far from being fulfilled in full. As a result, persons belonging to these peoples, although they are equal citizens of our country, sometimes do not have an equal opportunity to enjoy all the constitutional rights and freedoms of man and citizen. This was especially evident in the deviations from existing legal guarantees that have taken place in recent years.

So, for example, a step back from the established federal guarantees of the rights of indigenous peoples should be recognized as the exclusion from the Law on Guarantees of the Rights of Peoples of provisions relating to ensuring guaranteed representation of indigenous peoples in the legislative (representative) bodies of state power of the subjects of the Federation and representative bodies of local self-government. According to the previous Art. 13 of this Law, in order to most consistently address the issues of socio-economic and cultural development of small peoples, protect their original habitat, traditional way of life, management and crafts, the laws of the constituent entities of the Federation could establish quotas for the representation of small peoples in the above-mentioned representative bodies of power. It should be noted that such a guarantee was previously implemented in the form of quotas for the representation of indigenous minorities in the legislative (representative) bodies of state power in autonomous regions, since autonomous regions have certain features associated with the national composition of the population. V.A. Kryazhkov writes on this occasion that "on the territory of each of them (autonomous okrugs. - S.Kh.), with the exception of the Evenk Autonomous Okrug, the absolute majority of people living in Russia of the indigenous nationality that gave the name to the subject of the Federation live. Representatives of these nationalities retain originality of language, culture, way of life and economic activity.

The process of unification of autonomous regions that has begun and at the same time the exclusion of the corresponding provision on quota representation of indigenous peoples in the legislative (representative) bodies of state power of the constituent entities of the Federation actually deprives these peoples of the opportunity to have guaranteed representation in these bodies.

The unification of the Komi-Perm Autonomous Okrug and the Perm Region into the Perm Territory, as well as the unification of the Taimyr (Dolgano-Nenets) Autonomous Okrug, the Evenk Autonomous Okrug and Krasnoyarsk Territory just leads to such a situation. It is little changed by the consolidation in the Federal constitutional law of October 14, 2005 N 6-FKZ "On the formation of a new subject of the Russian Federation as part of the Russian Federation as a result of the unification of the Krasnoyarsk Territory, the Taimyr (Dolgano-Nenetsky) Autonomous Okrug and the Evenk Autonomous Okrug" provisions, according to which 22 deputies of the Legislative Assembly of the new subject of the Federation are elected in single-member districts, and 4 deputies in multi-member districts (part 3 of article 11).

Under the majoritarian electoral system, the voters of the former autonomous regions and the former region will have an equal number of votes. At the same time, a similar procedure for holding elections is established by the said Constitutional Law only for the elections of the Legislative Assembly of the first convocation. It does not guarantee that in the future the population of each of the administrative-territorial units with a special status will not be deprived of their representation in the legislative (representative) authority of the region.

One cannot but agree with O.E. Kutafin, which points to the emergence of a new type of autonomy in Russia - an autonomous okrug that is not a subject of the Russian Federation. In favor of such a statement, in his opinion, is the argument that the very reasons that led to the creation, in particular, of the Komi-Permyatsk Okrug as an autonomous entity, have not disappeared. Such a reason is precisely the need to ensure the protection of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation. This is evidenced by the provisions of the Federal Constitutional Law of March 25, 2004 N 1-FKZ "On the formation of a new subject of the Russian Federation as part of the Russian Federation as a result of the unification of the Perm Region and the Komi-Permyak Autonomous Okrug", according to which the Perm Region and Komi-Permyatsky Autonomous Okrug cease to exist, and the Komi-Permyatsky Okrug is part of Perm Territory as an administrative-territorial unit of the region with a single territory and a special status determined by the Charter of the Perm region in accordance with the legislation of the Russian Federation (Article 4).

At the same time, the federal legislation today does not say anything about the special status of such administrative-territorial units. It should also be noted that the Agreement between Perm region and the Komi-Permyak Autonomous Okrug about the legal status of the Komi-Permyatsky Okrug as part of the Perm Territory refers to the status of the Okrug as a single municipality. At the same time, Federal Law No. 131-FZ of October 6, 2003 "On the General Principles of Organization of Local Self-Government in the Russian Federation" does not provide for such municipalities, nor does it establish appropriate status features for certain possible categories of already fixed types of municipalities (settlements, municipal districts, etc.), including when determining issues of local importance and the powers arising from them for any types of municipalities. Given the importance of this issue for ensuring the guarantees of the rights of indigenous peoples, it would be advisable to establish the foundations for such a special status in the text of the Federal Constitutional Law on the Association of the Named Subjects of the Russian Federation or to determine the specifics of the status of the relevant municipalities that have an additional set of powers of local governments in the field of protecting rights indigenous peoples.

One has to regret that the Federal Law “On the Territories of Traditional Nature Management of the Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation”, adopted back in 2001, does not actually work. In practice, communities of indigenous peoples cannot secure land plots with hunting and fishing grounds, reindeer pastures and fishing grounds in the territories of traditional nature management. Without documents for the right to use land in these territories, representatives and communities of indigenous peoples engaged in such traditional nature management also do not have the opportunity to obtain long-term licenses for the right to use wildlife objects, one-time licenses for hunting fur-bearing animals, as well as quotas for fishing . This deals a serious blow to the viability of indigenous peoples, since the very existence of these peoples as independent ethnic groups without traditional nature management is hardly possible at all. At the same time, it should be noted that, in general, the content of the mentioned Law corresponds to the principle laid down in Art. 69 of the Constitution of the Russian Federation.

Summing up, one should state the unstable nature of the development of federal legislation in the field of protecting the rights of indigenous peoples. Despite the multiplicity of legislative acts in this area, it is necessary to continue the search for the most effective model of legislative regulation of these relations: legislation in the XXI century. should serve not the survival, but the prosperity of the indigenous peoples, as well as all the peoples of Russia. The Constitution of Russia contains all the prerequisites for the successful solution of this problem.

Literature

Land Code of the Russian Federation of October 25, 2001 N 136-FZ; Forest Code of the Russian Federation of January 29, 1997 N 22-FZ;

Federal Law No. 191-FZ of December 17, 1998 "On the Exclusive Economic Zone of the Russian Federation"; Federal Law No. 7-FZ of January 10, 2002 "On Environmental Protection";

Federal Law No. 187-FZ of November 30, 1995 "On the Continental Shelf of the Russian Federation", etc.

Kryazhkov V. Status of Autonomous Okrugs: Evolution and Problems // Russian Federation. 2006. N 2. S. 49.

SZ RF. 2005. N 42. Art. 4212.

See: Kutafin O.E. Russian autonomy. M., 2006. S. 450 - 451.

See: SZ RF. 2004. N 13. Art. 1110.

The Russian Federation includes a considerable number of the most various 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 describe 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. Yes, in 1993 General Assembly The UN adopted a resolution, according to which small and indigenous communities should be given special attention. 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 Wars, etc. In the early 90s, the question 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, acting as an independent factor, thanks to which the revival of the once great Russian statehood. 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 characteristics among the indigenous and small peoples of Russia, a number of legal norms were enshrined proclaiming the principle of identity and preservation 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 a we are talking about the political sphere, 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, may be subject to privatization manufacturing enterprises. 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 is 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 timely receive from the Russian Federation funds or material allowances 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. Here it is also worth highlighting the replacement of military service with an alternative civilian one, 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 government controlled on 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 are not in the best way affected 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. On the this moment 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 only 200 thousand of 472 thousand people in 1991 are left 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.

In May 2012, New York hosted the 11th UN Permanent Forum on Indigenous Issues. At this forum, among others, the report of the Government of the Russian Federation “On the implementation of the policy sustainable development Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation”.

On the implementation of the policy of sustainable development of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation

The Russian Federation is one of the largest multinational states established on a federal basis. The peoples of Russia, for the most part, historically formed on its territory, in this sense, all of them, regardless of their number and place of residence, are the indigenous peoples of Russia, who played a significant role in the formation of Russian statehood.

According to the latest All-Russian population census of 2010, representatives of 194 ethnic communities live in Russia.

In accordance with Federal Law No. 82-FZ of April 30 “On Guarantees of the Rights of Indigenous Minorities of the Russian Federation”, 47 Indigenous Minorities are singled out among them, according to four criteria for classifying the peoples of the Russian Federation as Indigenous Minorities, namely:

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

— preservation of the traditional way of life and management;

— self-awareness as independent ethnic communities;

— the number in the Russian Federation is less than 50 thousand people,

Indigenous peoples have a special status enshrined in the Constitution of the Russian Federation. They live compactly in more than 30 subjects of the Russian Federation, speak 47 languages ​​and dialects.

40 of the 47 peoples make up a special group, live in the extreme conditions of the circumpolar zone, are under the patronage of the state and have the legal status of the indigenous peoples of the North, Siberia and the Far East (hereinafter referred to as the indigenous peoples of the North). The list of these peoples was approved by the order of the Government of the Russian Federation of April 17, 2006 No. 536-r.

At present, the indigenous peoples of the North are settled on the territory of 28 constituent entities of the Russian Federation (the republics of Altai, Buryatia, Karelia, Komi, Sakha (Yakutia), Tyva, Khakassia; Altai, Transbaikal, Kamchatka, Krasnoyarsk, Primorsky, Khabarovsk Territories; Amur, Vologda, Irkutsk, Kemerovo, Leningrad, Magadan, Murmansk, Sakhalin, Sverdlovsk, Tomsk, Tyumen regions; Nenets, Khanty-Mansiysk, Chukotka and Yamalo-Nenets autonomous regions). Due to the special vulnerability of the traditional way of life and habitat, they are guaranteed a special legal status and priority use of natural resources in accordance with Russian legislation.

7 other small peoples (Abaza, Besermen, Vod, Izhors, Nagaybaks, Setos (Seto), Shapsugs) do not live in the circumpolar zone, but also enjoy special rights in the field of preserving ethnic identity, social security, preserving the traditional way of life and activities.

During the period between the two All-Russian population censuses (2002-2010), the total number of indigenous peoples increased from 306.7 thousand people. up to 316.0 thousand people (i.e. by 9.3 thousand people, or by 3.0%), including the number of indigenous peoples of the North increased from 244 thousand people. up to 257.9 thousand people (i.e. by 13.9 thousand people, or by 5.7%). At the same time, the number of a number of indigenous peoples of the North grew at a much higher rate (for example, Telengits - by 55%, Soyots - by 30%, Chelkans - by 38%, Tubalars - by 26%, Evens (Lamuts) - by 14%, Dolgans - by 9%, Evenks - by 8%, Khanty - by 8%, Mansi - by 7%).

The vulnerability of the traditional way of life of each of the indigenous peoples, especially the indigenous peoples of the North, the harsh climatic conditions in which they live, the processes of urbanization and globalization make it very relevant and necessary for the systematic activity of the state to preserve their culture and traditional way of life.

2. State policy of Russia towards the indigenous peoples of the North

2.1. Main purpose and principles public policy regarding the indigenous peoples of the North.

The Russian state policy towards indigenous peoples, including the indigenous peoples of the North, is focused on ensuring their sustainable development and is based on the provisions of national legislation, which largely coincide with the provisions of the UN Declaration on the Rights of Indigenous Peoples.

The transition from the Soviet planned to a market economy and the need for state support for the indigenous peoples of the North in modern conditions required the formation of a new state policy of the Russian Federation in relation to indigenous peoples.

The Concept for the Sustainable Development of the Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation (hereinafter referred to as the Concept) is a key document that defines the main principles of the Russian state policy to protect the rights of the minority peoples of the North. This Concept was approved by the Decree of the Government of the Russian Federation dated February 4, 2009 No. 132-r.

The main goal of the policy of sustainable development of the indigenous peoples of the North is to strengthen their socio-economic potential, preserve their original habitat, traditional way of life and cultural values, both on the basis of targeted support from the state, and by mobilizing the internal resources of the peoples themselves.

The principles on which the sustainable development policy is based are:

— Guaranteeing the rights of the indigenous peoples of the North in accordance with the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation;

- the complexity of solving the problems of socio-economic and ethno-cultural development of the indigenous peoples of the North;

- coordination of actions of state authorities and local governments in resolving issues of their socio-economic and ethno-cultural development;

— ensuring the effective participation of the indigenous peoples of the North in achieving their sustainable development;

- recognition of the importance of land, other natural resources, including biological ones, and the well-being of the natural environment as the basis of the traditional way of life and traditional economic activities of the indigenous peoples of the North;

— rational use of land and other natural resources in places of traditional residence and traditional economic activity;

— recognition of the right of indigenous peoples of the North to priority access to fishing grounds and hunting grounds, to biological resources in the places of their traditional residence and traditional economic activities;

— participation of representatives and associations of indigenous peoples of the North in decision-making on issues affecting their rights and interests in the development of natural resources in places of traditional residence and traditional economic activity;

— the need to assess the cultural, environmental and social consequences of the projects and works proposed for implementation in places of traditional residence and traditional economic activities of the indigenous peoples of the North;

— compensation for damage caused to the original habitat, traditional way of life and health of the indigenous peoples of the North.

2.2. Implementation of the policy of sustainable development in relation to the indigenous peoples of the North in priority areas.

In modern conditions of active industrial development of natural resources in the places of traditional residence of the indigenous peoples of the North, the policy of sustainable development is based on the need to preserve the original habitat and traditional nature management of these peoples, the development of their traditional way of life while ensuring equal opportunities for access to basic social services.

2.2.1. FROM creating conditions for improving the health care system and medicine in the areas of residence of the indigenous peoples of the North, increasing their demographic indicators, including by reducing child mortality and increasing life expectancy.

In 24 of the 28 subjects of the Russian Federation, where the indigenous peoples of the North live, regional programs for the modernization of healthcare are being implemented. New standards of medical care are being introduced for representatives of the indigenous peoples of the North for such common diseases among them as diseases of the circulatory system, digestive organs, respiratory organs, and malignant neoplasms. Particular attention is paid to the development of the service for the protection of motherhood and childhood, the introduction of remote telecommunication technologies for the provision of medical care (currently being actively tested in the Yamalo-Nenets and Khanty-Mansi Autonomous Okrugs). Dentistry services are provided.

The implementation of these programs is carried out in 2011-2012 in accordance with the Federal Law of November 29, 2010 No. 326-FZ "On Compulsory Medical Insurance in the Russian Federation" in order to improve the quality and accessibility of medical care provided to insured persons, including from the number of representatives of the indigenous peoples of the North.

In total, more than 1,000 medical institutions are included in the implementation of activities within the framework of regional programs for the modernization of healthcare in the places of residence of the indigenous peoples of the North.

In all 28 constituent entities of the Russian Federation, where representatives of the indigenous peoples of the North live, special measures are being taken to reduce the scale of alcohol abuse and to prevent alcoholism among the indigenous population, and in 7 constituent entities of the Russian Federation (Vologda Oblast, Krasnoyarsk region, Chukotka Autonomous Okrug, Republic of Altai, Kemerovo Region, Tyumen Region, Trans-Baikal Territory) there are special programs aimed at reducing the level of alcohol consumption.

As a result of ongoing activities in the health sector, the situation in the field of health protection of the indigenous peoples of the North is generally improving. Thus, from 2005 to 2010, in most regions in which these peoples live, there is a tendency to increase natural population growth (decrease in natural decline).

Thus, the provision of indigenous peoples of the North with doctors and paramedical personnel in 2009 compared to 2008 increased by 6.4% and 4.2%, respectively.

In general, the provision of paramedical personnel in the places of residence of the indigenous peoples of the North is everywhere higher than the average Russian indicator by 31.3%, and the provision of doctors exceeds the average Russian level in 4 subjects of the Russian Federation (the Chukotka Autonomous Okrug - by 76.9%, the Komi Republic - by 67 .3%, the Khanty-Mansiysk Autonomous Okrug - by 49.4% and the Tyumen Region - by 42.4%).

2.2.2. Increasing access to educational services for the indigenous peoples of the North, taking into account their ethnic and cultural characteristics, including by expanding the use of native languages ​​in the educational process.

One of the steps to increase the access of the indigenous peoples of the North to educational services is the modernization of regional systems general education. Educational institutions are being equipped with modern equipment in places of traditional residence and traditional economic activities of the indigenous peoples of the North, vehicles for the transportation of students; replenishment of school libraries. The total amount of subsidies provided from the federal budget in 2011 for these purposes amounted to 20 billion rubles.

In general, in Russia, according to the 2010 census, 277 languages ​​and dialects are used, while 89 languages ​​function in the school education system, including 39 languages ​​where all education is conducted, and 50 languages ​​of the peoples of Russia are studied only as an academic subject.

The languages ​​of the indigenous peoples of the North are characterized by limited use, mainly within the family or small production teams. The languages ​​of the indigenous peoples of the North, in which the entire educational process is conducted at the school, are Chukchi, Evenki, Even and Yukagir (that is, non-linguistic subjects such as mathematics or physics are taught in them).

17 languages ​​are taught as separate subjects in Russian schools - Dolgan, Itelmen, Ket, Koryak, Mansi, Nanai, Nganasan, Nenets, Nivkh (2 dialects), Sami, Selkup, Tofalar, Ulch, Khanty (3 dialects), Shor, Eskimo languages. Since 2005, schools in the Okinsky district of the Republic of Buryatia began to study the Soyot language, which until recently was unwritten.

In order to develop the native languages ​​of the indigenous peoples of the North, regional targeted programs are being adopted. Such programs operate in the republics of Altai, Sakha (Yakutia), Yamalo-Nenets and Khanty-Mansi Autonomous Okrugs, Khabarovsk Territory, Magadan and Kemerovo regions.

In the languages ​​of these peoples, educational, scientific and fiction, including on electronic media, for use in the educational process.

For example:

– in the Magadan region, textbooks on the Evenki language, literature of the peoples of the North-East of Russia and on history were published and republished native land, as well as a Russian-Evenki phrasebook;

— schools of the Republic of Sakha (Yakutia) in 2009-2011. received about 12 thousand copies educational literature in Even, Evenki, Chukchi and Yukaghir languages;

- in the Khanty-Mansiysk Autonomous Okrug - Ugra, 36 sets of textbooks and teaching aids on the Mansi language, 128 - on the Khanty language in the context of dialects were published and delivered to educational institutions.

Scientific and practical conferences and training seminars are regularly held in general educational institutions in places densely populated by indigenous peoples of the North on the organization of the study of native languages ​​and national cultures of small peoples (in the republics of Buryatia, Sakha (Yakutia), Krasnoyarsk Territory, Arkhangelsk Region and others). In institutes for advanced training and professional retraining of educators and higher educational institutions x there are advanced training courses (in the republics of Buryatia, Khakassia, Khabarovsk, Krasnoyarsk Territory, Kemerovo, Murmansk, Tomsk, Sakhalin regions, Yamalo-Nenets Autonomous Okrug, etc.).

Modules on the history and culture of the indigenous peoples of the North, as well as project activity on educational work with students.

Targeted admission of representatives of the indigenous peoples of the North to educational institutions of secondary and higher education vocational education is carried out in accordance with the agreements of educational institutions with state authorities and local governments.

So, targeted training of specialists with higher education from among the indigenous peoples of the North, at the request of the constituent entities of the Russian Federation, the Russian State Pedagogical University named after A.I. Herzen, North-Eastern Federal University named after M.K. Ammosov, Yugorsky, Gorno-Altaisky, Buryatsky public universities. The Khanty-Mansiysk Technological and Pedagogical College is implementing the project “Training of National Teachers with Additional Training in the Field of the Native Language and Literature” (85 students annually). In the Nikolaev-on-Amur Pedagogical College of the Indigenous Peoples of the North, additional training of students in the Ulch, Nivkh and Evenki languages ​​is carried out. Naryan-Mar Social and Humanitarian College named after I.P. Vyucheisky provides additional training for students in teaching their native (Nenets) language. The educational programs of the Northern National Lyceum (Murmansk region) are aimed at preserving the original culture of the Saami.

A separate area of ​​work is the development educational program professional retraining in the specialty "Management of ethno-cultural projects". Education in this specialty has been conducted since the 2010-2011 academic year on the basis of the Moscow Higher School of Social and Economic Sciences.

This specialty is the first in Russia master's program in the field of ethnocultural management and is aimed at specialists from local governments, representatives of regional executive authorities, public associations whose activities are associated with traditional cultural communities, ensuring the sustainable development of indigenous peoples.

The goal is to improve the skills of managers from among indigenous peoples in the field of ethnocultural management, including in places of traditional residence and traditional economic activities of indigenous peoples.

2.2.3. Increasing the degree of employment of the indigenous peoples of the North through the development and modernization of their traditional economic activities, promotion of entrepreneurship and self-employment.

The best results in the development of employment among the indigenous peoples of the North can be achieved through the promotion of entrepreneurship and self-employment of unemployed citizens.

In all the constituent entities of the Russian Federation, on the territory of which the indigenous peoples of the North live, regional programs are being implemented, within the framework of which the self-employment of unemployed citizens is promoted and the unemployed citizens who have opened their own business are stimulated to create additional jobs for the employment of unemployed citizens. Unemployed citizens from among the indigenous peoples of the North, who were assisted in organizing entrepreneurial activities, carry out their business mainly in the field of folk crafts and crafts, production and sale of agricultural products, animal husbandry, and logging.

For example, in the constituent entities of the Russian Federation, on the territory of which the indigenous peoples of the North live and carry out traditional economic activities, in 2011 1.9 thousand unemployed citizens opened their own business, which created 1223 additional jobs for the employment of unemployed citizens.

In the Arkhangelsk region, representatives of the indigenous peoples of the North opened their own business for the repair of shoes and leather goods, dressing and dyeing fur, and the production of fur products.

In the Khanty-Mansiysk Autonomous Okrug, a reindeer breeding business was organized to obtain meat products and animal skins for sale, including in the market of Khanty-Mansiysk.

In the Nizhneudinsky district of the Irkutsk region, unemployed citizens from among the Tofalars organized their own business for breeding horses and mules, and in the Katangsky district, unemployed Evenks are logging.

Purposeful work at the state level is being carried out in the Russian Federation through the creation of workshops in the places of residence of these peoples for the primary and deep processing of reindeer products and other traditional crafts, including using modern technologies.

2.2.4. Improving the quality of life of the indigenous peoples of the North through the construction of housing, communication facilities, infrastructure, etc.

To monitor the quality of life of the indigenous peoples of the North at the federal level, a special system of indicators of the quality of their life and social status, as well as the well-being of communities has been developed (currently under consideration by the federal government).

Given the vastness of the territory inhabited by the indigenous peoples of the North, the low population density and the undeveloped areas of the circumpolar zone, special attention is paid to efforts to provide representatives of the indigenous peoples of the North in their places of traditional residence and traditional economic activities with high-quality communication services, including mobile communications and network Internet. In particular, between the Federal Communications Agency and the universal service operators Sakhatelecom OJSC, Chukotkasvyazinform OJSC, Sibirtelecom OJSC, Dalsvyaz OJSC, KB Iskra OJSC, North-West Telecom OJSC, agreements were concluded to ensure the provision of universal communication services in areas densely populated by indigenous peoples of the North.

A promising direction is to address the issue of developing integrated social development of residential areas in places of traditional residence and traditional economic activities of the indigenous peoples of the North. To this end, it is planned to use the technology for the rapid construction of low-rise buildings of increased factory readiness using energy-efficient and environmentally friendly thermostructural panels.

Appropriate measures, as well as the construction of social infrastructure facilities, etc., are carried out as part of the provision of special subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation, in which the indigenous peoples of the North live, to support these peoples. The provision of subsidies is carried out in accordance with the Decree of the Government of the Russian Federation dated March 10, 2009 No. 217. The amount of subsidies provided was 600 million rubles in 2009, 240 million rubles in 2010, in the federal budget for 2011-2013 gg. - 240 million rubles. annually.

2.3. Ethnocultural and economic rights of the indigenous peoples of the North.

The guarantee of respect for the rights of indigenous peoples is enshrined in Article 69 of the Constitution of the Russian Federation, in the development of which the Russian Federation ensures, among other things, the protection of the original habitat and traditional way of life of this population group.

The preservation and protection of the original habitat is understood not so much in an ecological sense as the conservation of ecosystems, but rather as the preservation of the maximum free access to natural resources as the “basis of life and activity” (clause 1, article 9 of the Constitution of the Russian Federation), the natural habitat of peoples leading a traditional way of life. The preservation of the traditional way of life, in turn, depends not only on the preservation cultural heritage and language, self-identification of representatives of indigenous peoples, but also from the preservation of the economic base of the life of communities, that is, the development of traditional economic sectors (hunting, fishing, reindeer husbandry) and traditional crafts.

It is necessary to separate the fact that representatives of the indigenous peoples of the North have special rights of an ethno-cultural and economic nature.

2.3.1. Implementation of the ethno-cultural rights of the indigenous peoples of the North.

Ensuring the rights of the ethno-cultural nature of representatives of the indigenous peoples of the North (satisfaction of ethno-cultural needs, preservation of cultural heritage, popularization and wide dissemination of ethnographic knowledge in society, development of ethno-tourism in the places of their traditional residence) in accordance with the current Russian legislation can be carried out throughout the territory of the Russian Federation. It has an extraterritorial basis and applies to all indigenous peoples, regardless of the climatic or other characteristics of their habitats.

Support for the ethno-cultural development of the peoples of Russia, along with the strengthening of civil unity, constitutes two key goals for the implementation of the state national policy.

In particular, within the framework of the Second International Decade of the World's Indigenous Peoples, at the federal and regional levels, the implementation of appropriate sets of measures is being carried out, which involves the implementation of activities aimed primarily at the development of the traditional ethnic culture of the indigenous peoples of the North, the preservation and enhancement of their cultural heritage. At the federal level in 2008-2010. A set of priority measures was implemented to prepare and hold the Second International Decade in the Russian Federation (the amount of funding was 80 million rubles).

In 2010-2011 Only through the Ministry of Regional Development of the Russian Federation, which is responsible for protecting the rights of indigenous peoples and ensuring their ethno-cultural development, more than 40 major international and all-Russian events of this direction were held. Among them are international scientific conferences, congresses of indigenous peoples, festivals of cultures, exhibitions, fairs, seminars, etc.

As the most striking events that contribute to the development of the culture of the indigenous peoples of the North, one can note the All-Russian School of Youth of the Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation "Workshop of the Future", designed to promote the development of leadership and managerial qualities among young representatives of the indigenous peoples of the North, their social mobility; the Berengia project (dog sled racing, which has been held in the Kamchatka Territory since 1990 and in 2010 received the status of an official holiday in the region); seminars on the preservation of the native languages ​​of the indigenous peoples of the North, etc.

As part of the interaction with World Organization Intellectual Property Organization (WIPO) On October 31-November 3, 2010, St. Petersburg hosted the International Symposium on Intellectual Property, Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources for the Sustainable Development of Indigenous Peoples.

The purpose of this symposium was to discuss key policy and legal issues related to the protection traditional knowledge and traditional cultural expressions as intellectual property.

On the other hand, activities aimed at popularizing knowledge about the indigenous peoples of Russia in Russian society generally. The popularization of the traditions and customs of the indigenous peoples of the North, the development of interest in the study of their language and national culture among representatives of other nationalities is facilitated by such events as competitions, festivals, theatrical performances, competitions, exhibitions, master classes for teachers, summer specialized camps, excursions , practical exercises on the study of national folk crafts.

In a number of regions, for example, in the Tomsk region, the Khanty-Mansiysk Autonomous Okrug - Yugra, multifunctional ethnocultural centers, including children's centers, are successfully operating. In addition, ethnographic museums operate in educational institutions in the places of residence and traditional activities of the indigenous peoples of the North, which conduct both training sessions in the native language and national culture, and extracurricular activities, in school libraries exhibitions dedicated to national creativity are organized.

A series of documentaries and animated films about the indigenous peoples of Russia, telling about the Evenki, Saami, Tuvans-Todzhins, Eskimos, Chukchi and Koryaks, have been released on national television. In 2008, 2010, 2011 Three editions of the fundamental illustrated Atlas of Cultures and Religions of the Peoples of Russia were published, including a multimedia supplement. In addition, a photo album “Culture of Indigenous Peoples of the North, Siberia and the Far East” was published, dedicated to the traditional culture of indigenous peoples.

The supplement "National Accent" to the newspaper "Arguments of the Week" is published twice a month. In 2011, the circulation of the newspaper that includes this supplement exceeded 550,000 copies, and the audience of each issue of the newspaper, according to Gallup Media, was over 950,000 people. The materials of these issues cover the issues of ethno-cultural and socio-economic development of the peoples of Russia, including the indigenous peoples of the North, the preservation of their culture and languages, the interaction of state authorities of the Russian Federation with national public associations.

The development of ethnographic tourism in the places of their traditional residence also contributes to the spread of knowledge about the indigenous peoples of the North.

The most accelerated development of ethno-tourism occurs in the Yamalo-Nenets, Khanty-Mansi Autonomous Okrugs, the Republic of Sakha (Yakutia), etc. For example, in the Yamalo-Nenets Autonomous Okrug, ethnographic tours are offered that involve visiting sacred places, where tourists, in addition to getting to know the life of the indigenous peoples of the North, are given the opportunity to hunt and visit sacred “ancestral” places. According to experts, with the proper organization of business, ethnographic tourism in the district surpasses traditional types of tourism in terms of profitability. In addition, its development will contribute to strengthening the economic situation of the communities of the indigenous peoples of the North.

2.3.2. Implementation of the economic rights of the indigenous peoples of the North.

The economic rights of the indigenous peoples of the North imply priority access to the use of land resources, including farmland, forest resources, aquatic biological resources, fishing grounds and hunting grounds, land tax exemption, etc.

In particular, the Land Code of the Russian Federation establishes that in relation to lands “in places of traditional residence and economic activity of 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 bodies local self-government, a special legal regime for their use may be established” (clause 3, article 7).

The Land Code of the Russian Federation also enshrines the right of indigenous peoples to use agricultural land by their communities for the preservation and development of their traditional way of life, management and crafts (Articles 68, 78, 82).

The rights of indigenous peoples to the priority use of natural resources are also fixed in the Forest Code of the Russian Federation, which guarantees, when using forests in places of traditional residence of indigenous peoples, ensuring the protection of their traditional way of life (Art. 48) and free logging for their own needs (Art. thirty).

The Water Code of the Russian Federation, as one of the principles, establishes the right to use water bodies in the places of traditional residence of indigenous peoples for the implementation of their traditional nature management (Articles 3, 54). The use of water bodies by indigenous peoples does not require the conclusion of water use agreements (Article 11). In order to ensure the participation of indigenous peoples in decision-making, the Water Code of the Russian Federation provides for the mandatory inclusion of their representatives in basin councils that develop recommendations on the use and protection of water bodies within the boundaries of a basin district (Article 29).

According to Article 19 of the Federal Law of July 24, 2009 No. 209-FZ “On Hunting and the Preservation of Hunting Resources and on Amendments to Certain Legislative Acts of the Russian Federation”, hunting in order to ensure the maintenance of a traditional lifestyle and the implementation of traditional economic activities is carried out freely ( without any permits) in the volume of extraction of hunting resources, which is necessary to satisfy personal consumption.

In accordance with paragraph 2 of Art. 333.2 of the Tax Code of the Russian Federation, objects of the animal world and objects of aquatic biological resources, obtained in the amount necessary to meet personal needs, in places of traditional residence and traditional economic activities of small peoples, are exempt from taxation. Indigenous peoples are also exempt from paying land tax (Article 395).

Thus, according to the current Russian legislation, the economic rights of indigenous peoples are inextricably linked with the types of traditional activities and are provided only in the so-called places of traditional residence and traditional economic activities of these peoples.

In 2009 Russian government special lists were approved - a list of places of traditional residence and traditional economic activities of the indigenous peoples of the Russian Federation, as well as a list of types of traditional economic activities of the indigenous peoples of the Russian Federation. The lists were approved by the Decree of the Government of the Russian Federation dated May 8, 2009 No. 631-r.

The corresponding lists were approved in order to resolve the problem of confirmation by the indigenous peoples of the North of their ethnicity in order to obtain the rights to priority use of land, forest, water resources, etc.

Ethnic self-identification of representatives of the indigenous peoples of the North is difficult due to the large number of mixed marriages, blurred areas of settlement and other reasons.

In the Soviet period, the indigenous peoples of the North enjoyed benefits based on the entry in the passport of their nationality (ethnicity). However, at present, there is no column on national (ethnic) affiliation in the passport of a citizen of the Russian Federation, based on the norm of Article 19 of the Constitution of the Russian Federation, which guarantees the observance of the principle of equality of citizens, regardless of the nationality of a person. The passport of a citizen of the Russian Federation was put into effect in accordance with the Decree of the President of the Russian Federation dated March 13, 1997 No. 232 "On the main document proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation."

In addition, some representatives of the indigenous peoples of the North live in large cities where they do not conduct traditional economic activities. And vice versa, representatives of other nationalities, formally not related to the indigenous peoples of the North, live in the places of their traditional residence and lead a traditional way of life.

The lists approved by the Government of Russia provide an opportunity for priority use of natural resources not so much on the basis of ethnicity, but on the basis of belonging to the number of people leading a traditional way of life and living in places of traditional settlement. For example, the situation is excluded when a representative of the indigenous people of the North living in Moscow or other large centers receives preferential quotas for fishing in the Far East. This approach meets not only the letter, but also the spirit of the norms of legislation in relation to indigenous peoples.

Currently, work is underway to improve the mechanisms for implementing the special legal status of the indigenous peoples of the North.

So, in order to protect the original habitat and traditional way of life of small peoples, to preserve and develop the original culture of small peoples, it was supposed to create special territories for traditional nature management (hereinafter - TTP), in which only the traditional economic activities of the indigenous peoples of the North would be allowed (Federal Law No. May 7, 2001 No. 49-FZ "On the territories of traditional nature management of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation").

TTPs are categorized as specially protected natural areas for which a legal regime has been established that restricts their use. In fact, nature is protected in these territories, but any economic activity is limited, including hunting, fishing, and logging traditional for the indigenous peoples of the North.

Currently, a draft law has been developed that introduces a differentiated regime for the use and protection of TPPs. The bill significantly simplifies the procedure for their formation, contains an exhaustive list of types of economic activity that may be limited or prohibited within the borders of the TPP. In particular, the development of mineral deposits, the performance of other works that prevent the indigenous peoples of the North from conducting traditional economic activities and maintaining their traditional way of life may be limited or not allowed.

There is an improvement in the approach to ensuring access of the indigenous peoples of the North to aquatic biological resources classified as objects of fishing.

At present, the interests of the population, for which fishing is the basis of existence, are taken into account only through preferential (extraordinary) provision of fishing areas and the allocation of quotas for fishing to ensure the livelihoods of communities (in accordance with Federal Law No. 104-FZ of July 20, 2000 "On the general principles of organizing communities of indigenous peoples").

Since fishing is the basis of existence for most of the indigenous peoples of the North, it seems important to secure the right to carry out traditional fishing not only to meet personal, but also family, household and other needs not related to entrepreneurial activities. At the same time, it is proposed to do this freely, free of charge, without restrictions on the volume of production (catch) aquatic biological resources and without providing a fishing area, but exclusively by the traditional method. The Government of the Russian Federation has prepared a draft of the relevant federal law.

2.3.3. Corporate social responsibility of industrial companies that develop natural resources.

Decision-making on issues affecting the rights and interests of the indigenous peoples of the North, especially when industrial companies develop natural resources in the territories where they live, is carried out with their participation, including through the mechanism of public-private partnership.

Thus, in the Russian Federation, the practice of concluding agreements between corporations (engaged in the development of minerals in close proximity to the places of traditional residence of indigenous peoples) by regional authorities and indigenous peoples on the support of various cultural, educational and other projects of indigenous peoples has developed. Among the large enterprises that conclude such agreements and provide targeted support to indigenous communities are TNK-BP OJSC, Gazprom Neft OJSC, Lukoil OJSC, Novatek OJSC, Surgutneftegaz OJSC, Sakhalin Energy and others. .

Such examples of corporate social responsibility are supported at the state level. Corporations traditionally build relationships with indigenous peoples in different forms and with varying degrees of efficiency. Now industrial companies recognize the need to create uniform rules for such relationships.

In this regard, the Methodology for calculating the amount of losses caused to associations of indigenous peoples as a result of economic and other activities of organizations of all forms of ownership and individuals in places of traditional residence and traditional economic activities of indigenous peoples of the Russian Federation was developed and approved at the end of 2009. The methodology was approved by order of the Ministry of Regional Development of the Russian Federation dated December 9, 2009 No. 565. It is advisory in nature and approves a standard bilateral agreement between industrial enterprises and the population leading a traditional way of life.

Work has already been carried out to calculate the amount of losses to farms of traditional nature management, in particular, in the Nenets Autonomous Okrug, the Yamalo-Nenets Autonomous Okrug, the Amur Region, the Trans-Baikal Territory, the Republic of Sakha (Yakutia).

The issues of approbation and implementation of the Methodology were repeatedly discussed with the participation of representatives of state authorities, mining companies, representatives of the indigenous peoples of the North and the expert community, including February 28, 2012 with the involvement of industrial companies (OAO Novatek, OAO Gazprom, OAO RusHydro, OJSC Surgutneftegaz, OJSC LUKOIL, OJSC TNK-BP, etc.).

3. Institutions of civil society.

3.1. communities. Self management.

In Russia, one of the types of non-profit organizations of indigenous peoples of the North are communities. Communities are a form of self-organization of persons belonging to the indigenous peoples of the North and united by consanguinity (family, tribal) and (or) territorial-neighborly signs. The status of communities is regulated by the norms of the Federal Law of July 20, 2000 No. 104-FZ “On the General Principles for Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation”. Communities are created in order to protect the original habitat of the indigenous peoples of the North, to preserve and develop their traditional way of life, management, crafts and culture.

Unions (associations) of communities are interregional, regional and local associations of communities of indigenous peoples.

In the Russian Federation, as of December 31, 2011, 1,172 communities of indigenous peoples of the North were registered. One of the structures representing the interests of these peoples at the international and federal levels is the Association of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation, which includes 35 regional associations and ethnic associations, which include representatives of communities. The Commonwealth of Communities of Indigenous Peoples of the North, Siberia and the Far East and the Llyoravetlian Society are actively working.

The Russian Federation is consistently implementing the practice of self-government and regulation of the economic activities of the indigenous peoples of the North, including in terms of ensuring priority access to natural resources, based on the principle of community self-government. At the same time, there is a need to improve the regulatory framework governing the activities of communities.

According to the current Federal Law “On the General Principles of Organizing Communities of the Indigenous Peoples of the North, Siberia and the Far East”, one individual from among the Indigenous Peoples of the North can create not one, but several communities, and also apply for several quotas for the production (catch) of aquatic bioresources and several fishing grounds. In addition, this Federal Law allows persons who do not belong to the indigenous peoples of the North and do not lead a traditional way of life to be the founders of communities with the receipt of appropriate preferences.

Therefore, in order to streamline the process of creating and functioning of communities at the federal level, in 2011 a draft federal law “On Amendments to the Federal Law of July 20, 2000 No. Far East”, according to which the founders of a community cannot be founders of other communities at the same time, and members of a community also cannot be founders and members of other communities at the same time.

The adoption of the draft law will create the basis for the conflict-free implementation of the rights of the indigenous peoples of the North to traditional use of natural resources.

3.2. Mechanisms of interaction between non-governmental organizations (NGOs) of the indigenous peoples of the North with state authorities, industrial companies.

In the Russian Federation in the 2000s, various forms of constructive cooperation were formed between national public associations of indigenous peoples of the North (this includes not only communities) with federal government authorities, government authorities of the constituent entities of the Federation, local governments, and industrial companies.

In addition, given the low number of indigenous peoples, the legislation (Federal Law of February 7, 2003 No. 21-FZ "On temporary measures to ensure the representation of indigenous peoples of the Russian Federation in the legislative (representative) bodies of state power of the constituent entities of the Russian Federation") provides for them the opportunity to be elected to representative bodies on special conditions. On this basis, a part of the subjects of the Russian Federation introduced norms for guaranteed representation of indigenous peoples in regional elected bodies of power. So, for example, in accordance with the Charter (basic law) of the Khanty-Mansiysk Autonomous Okrug No. 4-oz of April 26, 1995, one of the deputy governors of the Okrug is a representative of the indigenous peoples of the North. Three deputies represent indigenous peoples in the legislative (representative) body of state power of the Khanty-Mansiysk Autonomous Okrug - Yugra. Deputies of the Autonomous Okrug Duma, elected from a multi-member constituency, make up the Assembly of Representatives of the Indigenous Peoples of the North, its chairman is the Deputy Chairman of the Autonomous Okrug Duma.

In the Yamalo-Nenets Autonomous Okrug, the Nenets Autonomous Okrug, the Krasnoyarsk Territory and other northern regions of the Russian Federation, there are special units in the structure of the regional government responsible for providing for the indigenous peoples living in the region.

According to 2005 data, 44 representatives of indigenous peoples worked in the executive authorities of the Khabarovsk Territory, including 3 Evenks, 1 Udege, 6 Evens, 1 Negidal, 27 Ulchi.

In a number of constituent entities of the Russian Federation, measures are being taken to expand the right of participation of indigenous peoples in the socio-political life of the region. So, in accordance with the law of the Khabarovsk Territory in 81 locality authorized representatives of indigenous peoples were elected, and Councils of authorized representatives were formed under the Governor of the krai and the heads of 15 districts of the krai.

Representatives of the indigenous peoples of the North are members of the Expert Advisory Council under the Interdepartmental Working Group on interethnic relations under the leadership of the Deputy Prime Minister of the Russian Federation. The Expert Advisory Council is an effective form of participation of representatives of the indigenous peoples of the Russian Federation in decision-making on issues of their ethno-cultural development.

Also, representatives of indigenous peoples are members of the National Organizing Committee for the preparation and holding in the Russian Federation of the Second International Decade of the World's Indigenous Peoples. The organizing committee carries out planning and control over the implementation of a whole range of specific measures for the socio-economic and ethno-cultural development of the indigenous peoples of Russia.

Under the Plenipotentiary Representative of the President of the Russian Federation in the Siberian Federal District, there is an Expert Advisory Council for Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation. In the Far Eastern Federal District, issues of interaction with organizations of indigenous peoples are considered within the framework of the Interdepartmental Commission on Public and Religious Associations under the Plenipotentiary Representative of the President of the Russian Federation in the Far Eastern Federal District.

Representatives of indigenous minorities are members of the Working Group Public Council under the Ministry of Regional Development of the Russian Federation on ethno-cultural policy and human potential.

4. International cooperation of the Russian Federation in the field of protecting the rights of the indigenous peoples of the North.

The Russian Federation is a member of the UN Permanent Forum on the Rights of Indigenous Peoples, complies with international obligations regarding the protection of the rights of indigenous peoples within the framework of the implementation of the provisions of the UN International Convention on the Elimination of All Forms of Racial Discrimination, the Framework Convention for the Protection of the Rights of National Minorities of the Council of Europe, the International Covenant on Economic, social and cultural rights, the European Social Charter.

Based on the UN resolution of December 20, 2004 No. A / RES / 59/174 on holding in 2005-2014. Second International Decade of the World's Indigenous Peoples The Government of the Russian Federation is celebrating this decade in its own country.

By order of the Government of the Russian Federation dated May 27, 2006 No. 758-r, the National Organising Committee on the preparation and holding in the Russian Federation of the Second International Decade of the World's Indigenous Peoples, which is headed by the Minister of Regional Development of the Russian Federation. In 16 constituent entities of the Russian Federation, where representatives of the indigenous peoples of the North live, regional organizing committees have also been formed to hold events within the framework of the Second International Decade.

As part of international aspect implementing the policy of sustainable development of the indigenous peoples of the North, Russia is actively cooperating with Canada to address topical issues in the field of ethno-cultural and socio-economic development of these peoples.

Based on the Memorandum of Understanding between the Ministry of Regional Development of the Russian Federation and the Ministry of Indian Affairs and Northern Development of Canada on cooperation in the development of indigenous peoples and northern territories, signed at the end of 2007 in Ottawa (Canada), action plans are being implemented that among other things, they provide for holding joint Russian-Canadian round tables on strengthening international cooperation between state authorities, civil society institutions, and industrial companies in the field of development of indigenous peoples; development of a Code of Corporate Ethics to protect the rights of indigenous peoples, development of indicators of the quality of life of indigenous peoples.

Discussion of the socio-economic development of the regions of the Far North is also taking place during the meetings of the special working group on the Arctic and the North, created within the framework of the Intergovernmental Russian-Canadian Economic Commission.

An example of Russia's international cooperation with border countries in the field of ensuring the rights of the indigenous peoples of the North is the interaction with the Kingdom of Norway and Finland.

Russian-Norwegian cooperation is developing within the framework of the activities of the Intergovernmental Russian-Norwegian Commission for Economic, Industrial, Scientific and Technical Cooperation. Interaction is carried out through the implementation of the Action Plan to create favorable legal, trade, economic and other conditions for the intensification of Russian-Norwegian border cooperation for 2011-2015. The Plan includes activities related to the deepening of cooperation between the Russian and Norwegian sides in relation to support for the indigenous peoples of the North, including the implementation of joint projects.

As a follow-up to the agreements between the Russian side and the Government of Finland in 2011, an interstate working group has been created to coordinate the implementation of joint projects and programs to support the ethnocultural development of the Finno-Ugric peoples of Russia and Finland, some of which belong to the indigenous peoples of the North (Veps, Mansi , Saami, Khanty).

MF-inform

- head. Department of Organization of Scientific Relations of the Institute of Economic Research Far Eastern Branch Russian Academy of Sciences (Khabarovsk). E-mail: *****@***ru

Features of the development of human potential of the indigenous peoples of the North

The article deals with sociological aspects state of the art Indigenous peoples of the North, traditionally living in the Amur River basin on the territory of the Khabarovsk and Primorsky Territories, analyze their health status, income level, education level, and the preservation of cultural traditions. Based on the analysis of these factors, an index of human development of these peoples is derived.

Keywords: human potential, human potential index, national-ethnic communities, indigenous peoples of the North, social well-being of the individual.

In modern society, the real wealth of a country is determined not only by the gross national product, but also by the development of human capital. This concept is both an economic and a social category. The main components of human capital include a combination of the following components: cultural and ethnic characteristics; education and training, physiological and psychological characteristics of the individual; health status; driving needs, motivation, values.

The assessment of human capital is quite difficult, since this category has an integrative character. The Human Development Index (HDI) is used to assess and compare the level of socio-economic status of different countries. This universal comparable meter was introduced into international political and scientific circulation by the United Nations.

According to the structural components of human potential, it is possible to characterize both a social group and a country as a whole. Within the framework of our study, we will try to apply this index to the national communities of the indigenous peoples of the North.

The development of human potential depends on the following factors: physical, mental, material and social well-being of the individual, civil, public and state security of citizens. The system of these factors forms the sociosphere that ensures the development of the individual, and on the scale of society - the development of human capital.

Let us consider each of these factors in the national-ethnic communities of the indigenous peoples of the North.

The physical and mental well-being of a person is determined, first of all, by the state of health, the level of medical care, and the environmental safety of life.

The health status of indigenous peoples is a major concern today. According to the Arctic Monitoring and Assessment Program (AMAP) and the United Nations environment(UNEP), in recent years, the life support system of the indigenous peoples of the North has undergone a sharp and negative transformation. Serious destruction and pollution of natural complexes, reduction of territories of traditional nature management, depletion of resources, social and economic changes have led to the weakening and even destruction of anatomical and physiological adaptations that have developed over the centuries, a reduction in life expectancy and an increase in diseases.

Table 1

The state of health of the indigenous peoples of the North

Source: The second AMAP International Symposium on Environmental Pollution of the Arctic: Extended abstracts. AMAP report 2002:2, Rovaniemi, Finland. - 2002. (Arctic Monitoring and Assessment Program (AMAP), report 2002.

Tuberculosis is one of the socially conditioned diseases. Over the past decade, there has been a deterioration in the epidemiological situation of tuberculosis in the Russian Federation as a whole. Tuberculosis prevalence rate among indigenous peoples of the Khabarovsk Territory for 1997-2006 increased by almost 2 times, morbidity in children - by 1.4 times, mortality increased by 45%.

High rates of mental illness. The prevalence of mental disorders has tripled in the last 10 years. The structure of diseases suggests that a significant part of the indigenous population has difficulty adapting traditional, historically established forms of behavior to the modern requirements of life, dictated by industrialization and commercialization. The reaction of the organism to a sharp change in external conditions and the inability to quickly develop an adequate line of behavior lead to a feeling of social inferiority. All this leads to mental disorders.

Socially dangerous for the peoples of the North is the problem of alcoholism. In terms of the incidence of alcoholism and alcoholic psychosis in the population, almost all northern peoples occupy leading positions in the Russian Federation. Even the term "northern alcoholism" appeared in the literature.

A professor at the International Independent Ecological and Political University explains the specific nature of alcoholism among indigenous peoples as a genetic condition. But in recent years, there has been an earlier onset of drinking alcohol (12-14 years) and a rapid loss of control over alcohol consumption. Alcoholization is also the cause of high mortality from random causes (drowned, froze, etc.). Injuries and poisoning are in the first place among the causes of death among indigenous peoples of the Khabarovsk Territory.

table 2

Morbidity structure in the Khabarovsk Territory

Source: Suleimanov, Health of the indigenous peoples of the Amur region: pharmacogenetic aspects. Report at the Scientific-practical conference "The impact of pollution of the Amur River on the traditional way of life and health of the indigenous peoples of the North of the Khabarovsk Territory." May 29, 2007, Khabarovsk.

The following reasons for the deterioration of health among indigenous peoples can be identified:

Socio-economic:

Ø destruction of the traditional way of life;

Ø destruction of traditional habitat;

Ø loss of social reference points;

Ø decrease in living standards;

Ø violation of intra-family relations;

Ø lack of demand for personality.

Biomedical:

Ø genetic features of the functioning of the body;

Ø low adaptive resources of the body;

Ø Unavailability of adequate medical care.

The material well-being of the individual representatives of indigenous peoples is the level of income, the availability of jobs, the opportunity to engage in traditional activities and sell the products of this activity. What happens in this area of ​​life of the natives?

The ethno-social situation in the places of traditional residence of the indigenous peoples of the North is determined by common problems: the curtailment of unprofitable local production and the associated unemployment, the insufficient amount of state appropriations for the development of social infrastructure.

The process of reducing people employed in social production has affected almost all peoples. The actual level of unemployment in national villages is at least 40-50% of the economically active population. At the same time, profound shifts are taking place in the structure of employment. According to the All-Russian Population Census of 2002, only 14% of the Nivkhs and Nanais are employed in traditional industries, the participation of the indigenous population in construction has decreased to 1%, and in transport and communications - to 2.5%.

In Primorsky and Khabarovsk Territories, income from labor activity have about one third of the indigenous population (29%) (Fig. 1). A large number of people have either a seasonal nature of work, or receive income from personal subsidiary plots. A significant part of the population lives on benefits, as well as on pensions and scholarships. Among the Nanais, for example, the number of such people is almost half of the total population (48.5%).

A catastrophic situation has developed in remote villages, where, with the liquidation of state farms, there were no industries left. In the village of Gvasyugi, Khabarovsk Territory, of the interviewed representatives of the indigenous population, 74% had an income of less than 3,000 rubles. At the same time, the value of the monthly subsistence minimum in the Khabarovsk Territory at the time of the survey (May - June 2006) was 4785 rubles.

Secondary education" href="/text/category/srednee_obrazovanie/" rel="bookmark">secondary education (Table 3). However, compared to the national average (77.5%), this figure is quite low.

Table 3

The level of education of the indigenous peoples of the North

Source: Results of the All-Russian population census of 2002, Vol. 13 // Statistical of Russia. - M. - 2005.

Currently, there are several universities that train specialists from among indigenous peoples. In the Khabarovsk Territory, several educational institutions have been training specialists from among the indigenous peoples of the North since the 1930s. Currently, professional training of national personnel is carried out by the Far Eastern State Humanitarian University, the Far Eastern State Medical University, the Nikolaev-on-Amur Pedagogical School of the Indigenous Minorities of the North, the Nikolaev-on-Amur Medical School of the Indigenous Minorities of the North.

Among today's indigenous peoples of the Amur region, up to 10% of people have higher, incomplete higher and postgraduate education, up to 20% - with secondary specialized.

Source: Results of the All-Russian Population Census 2002. Vol. 13 // Statistical of Russia. - M. - 2005.

Rice. 2. The level of education of the indigenous peoples of the Amur region

The most important role in the process of reproduction of human capital is played by culture (including ethnic culture), affecting, first of all, its social component. Ethnic culture largely determines and social structure national community.

The traditional culture of the indigenous peoples of the Amur region is not only exceptionally original, but also very ancient, incorporating layers of the Mohe and Bohai cultures, arts and crafts of the Golden Empire of the Jurchens and neighboring peoples of ancient China, Korea and Japan.

The main components of the traditional culture of the indigenous peoples of the North are animistic ideas about the world around them, a complex of various maternity, wedding, funeral, fishing rituals and prohibitions similar to all indigenous peoples, cults of various animals and rocks. An important niche in the culture of the indigenous peoples of the North was occupied by shamanism, which served as the spiritual core of traditional society.

The historical and socio-economic processes of the 20th century radically influenced the culture of indigenous peoples, caused its transformation and the loss of many rituals, ceremonies, holidays - all those elements that determine the unique spirituality of this culture and the identity of indigenous ethnic groups.

According to the survey, about half of the indigenous inhabitants of the ethnic villages of the Khabarovsk Territory know and observe the traditions of their people. Basically, trade ceremonies are observed.

Sociological research" href="/text/category/sotciologicheskie_issledovaniya/" rel="bookmark"> in the study of sociological aspects of the life of the indigenous peoples of the Amur region, we have identified:

a) extremely low indicators of the health status of the indigenous peoples;

b) low income;

c) a fairly high level of education;

d) preservation of cultural traditions and a high degree interest in continuing these traditions.

The available data allow us to try to determine the human development index of the indigenous peoples of the Amur region, which is the sum of the life expectancy index, the education index and GDP per capita.

x - min (x)

x-index= ------

max (x) - min (x)

where min(x) and max (x) are the maximum and minimum values ​​that the variable has reached X respectively.

LE - 25

Ø Life expectancy index =

where LE is the average life expectancy of the indigenous peoples. According to Table. 1, the average life expectancy of the SIM is 48.6 years for men, 57.2 for women. The median will be 53 years.

= 0,46

Ø Education index = ---- x ALI + ----- xGEI

3 3

Ø Adult Literacy Index (ALI) =

Literacy of the adult population of the indigenous peoples of the Amur region is

= 0,994

Ø Gross Enrollment Index (GEI) =

The total student share is the ratio of the number of students in schools, secondary and higher educational institutions to the total number of young people aged 15 to 24 years. Unfortunately, we do not have such data among the indigenous peoples of the Amur region, but we consider it acceptable to use the indicator of the total share of students in the Khabarovsk Territory. As of January 1, 2006, the number of young people studying was 270,916 people; the total number of people aged 15 to 24 for the same period was 271,000 people. Thus, the proportion of young people studying is 0.999%, and accordingly

index GEI = -- = 0,009

Having determined the literacy indices (ALI) and the cumulative share of students (GEI), we calculate the education index

---- x 0.994 + ---- x 0.009 = 0.665

3 3

log(GDPpc)-log(100)

Ø GDP Index =

log(40000)-log(100)

where GDPpc is GDP per capita at purchasing power parity in US dollars, $40,000 is the maximum income per capita, $100 is the minimum income.

With the GRP of the Khabarovsk Territory per capita in 2005 of 113,897 rubles, which in dollar terms was $ 3,996.3 at that time, the GDP index will be:

= 0,0976

The calculation of the HDI will be as follows:

0,465 + 0,665 + 0,0976

HDI = = 0.409

Thus, we have determined (albeit with some degree of approximation) the human development index for the indigenous peoples of the Amur region. An HDI index of less than 0.5 is considered to be "low development". According to the UN Human Development Report 2007, the index we obtained corresponds to the level of the HDI of the African countries of the Republic of the Congo (0.411) and Ethiopia (0.406). Russia's HDI in 2007 is 0.802, which allowed it, albeit with difficulty, to enter the group of countries with a high level of development (above 0.8).

Table 4

List of countries by Human Development Index

Sierra Leone