EUROPEAN REGULATORY AND LEGISLATIVE PRINCIPLES OF THE STATE AND ADMINISTRATIVE CONTROL OF THE ETHNIC AND NATIONAL SPHERE AND THEIR IMPLEMENTATION IN UKRAINIAN LEGISLATION

2019

Вісник НЮУ імені Ярослава Мудрого: Серія: Філософія, філософія права, політологія, соціологія, Vol 4, Iss 43, Pp 8-22 (2019)

Problem setting. The legal framework for regulating the ethnic and national sphere determines the influence of state authorities on the current ethnic and national model of interaction between the titular Ukrainian ethnic group and national minorities. An objective factor in the ethnic and national modeling of Ukraine’s development is the Ukrainian political nation, whose potential readiness for state-national self-determination is determined by the level of national and regional identity, whose research is extremely in demand in modern science, which begins with the state and determines how it affects poly-ethnic society. Recent research and publications analysis. In the context of the topic under study, the fundamental works of domestic and foreign scholars were used to substantiate the idea of the ethnic core of the nation (A.D. Smith), which constitutes the “foundation” of any ethnic and national model of the state; such ethno-national models are defined: “parallel segmentation” (J. Rothschild), “clan democracy” (O. Kucherenko, O. Lisnichuk), “crossed grid”, which is transformed into “mosaic concept” (S.P. Huntington), “universal democracy” (A. Lijphart), the “cosmopolitan” model of democracy (D. Held), “racial democracy”(P. Mancini), as well as the works of P. Van den Berg, O. Kartunov, O. Kryukov, O. Kucherenko, O. Mayborody, Y. Rimarenko, L. Shklyar and others. In the scientific works of A. Andreev, A. Royce, Y. Bromley, M. Weber, G. Nodi, K. Popper, A. Smith, E. Jan, and others. main stages of ethnic and national development of states are analyzed. Paper objective.The author of the article considers the European experience on protecting national minorities’ rights and possibility of its application in the Ukrainian legislation and sees it as a basis for the ethnic and national modeling of Ukraine development. Paper main body.Author emphasizes that the European Legislation does not ensure the right to self-determination to ethnic and national minorities. Therefore, effective Constitutional and legal security for the national minorities is provided only in case of their getting the citizenship of the country they live in. Besides, their rights do not exceed the range of rights enjoying by all the citizens of the country they reside and the peculiarities of certain ethnic groups (their needs to preserve national identity, traditions, language, cultural heritage etc.) are not reflected in the legislation of the country of their residence. As a subject of the International Law and the equal participant of international communication, Ukraine ratified the majority of conventions and agreements in the field of human rights protection. The crucial issue of Ukrainian society in the legislative adjustment of ethnic and national sphere is its endeavor to respond to the European legal standards. To use the terms “ethnic groups” would be more adequate for both the genuine Ukrainians and the untitled ethnic groups. Application of the terms “native people” or “autochthonal people” could be disputable as for Tatars or Caraims, who are in fact the “pieces” of some other large communities lived in the past. The same situation is in the issue of language functioning. The EU countries’ language policy is carried out in the conditions, which differ from the Ukrainian ones: non-dominant languages in the EU community enjoy protection rights. On the contrary, in Ukraine the language of the titled nation needs every possible support. In this respect, nowadays every attempt to approach the issue of peculiarity of language policy in Ukraine can be criticized by the EU community, which may cause Ukrainian language discrimination. Therefore, just imitating both EU experience and EU legislation in the national issue is not acceptable for development of ethnic and national policy in Ukraine, where there are certain peculiarities. Objective reality of polyethnizm existence in Ukraine as well as some specific national conditions require critical and constructive application of various approaches to interethnic relationships regulation in which EU countries have already been a success. And in Particular, we mean consultative and authority bodies, where national minorities are represented, especially in education, cultural and religious organizations; legislative and executive bodies (formed in the result of free and equal elections); self-government of national minorities as for their authenticity in conditions when territorial autonomy is not provided; bi-lateral and multi-lateral agreements regarding national minorities; ensuring the right of national minorities representatives to be educated on different educational levels in their native language; to create state research centers to improve legislation and spreading information as for their non-discrimination; creation of permanent boards to be in touch with the appropriate border-line areas. Application of all-round approaches mentioned above in conjunction with the peculiarities of ethnic and national modeling of state development must favor harmonization of relationships between the Ukrainian title ethnos and national minorities. Conclusions of the research.The research on regulatory and juridical principles of the valid ethnic and national state building model (title ethnos and national minorities) gives grounds to conclude that all the citizens of Ukraine are equally protected by the state. As for the assuring the human rights of national minorities representatives, the state bases on the fact that this law is an integral part of the generally acknowledged Law on human rights.For the Constitution of Ukraine stipulations’ realization and establishing the procedures of implementation of the abovementioned regulatory Acts, the author proposes to adopt the set of laws, which would regulate not only the status of national minorities, but also the status of the Ukrainian nation as a title nation. In particular, we mean preambles to the Articles 10, 11, 12 of the Constitution of Ukraine, which are fragmentarily accomplished now in the legislative Acts. In order to achieve it, we need to systematize and make codification of the Ukrainian legislation.

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Yaroslav Mudryi National Law University, 2019.

політична нація, національна меншина, етнічна меншина, етнонаціональна сфера, етнополітика, Philosophy (General), B1-5802