Features of the constitutional and legal regulation of the linguistic rights of national minorities in the Russian Federation

Bekova Radima Postgraduate student, Department of Constitutional Law, MP MGIMO 119423, Russia, M oblast', g. Moscow, ul. Vernadskogo, 76 bekovaradima1@gmail.com

Introduction

The relevance of the topic chosen for research is due to the constant reduction in the number of languages of the world, among which, according to UNESCO estimates, more than a third are endangered ^[21]. At the same time, many of these "endangered" languages are the languages of indigenous and small peoples, as a result of which their disappearance can lead to the death of entire cultures and the weakening of the world cultural heritage ^[15].

For our country, the relevant issues are of particular relevance due to the peculiarities of the national composition of Russian society. Russia is currently the world's largest multinational country, with more than 190 nationalities living on its territory ^[14]. As a consequence, the issues of legal regulation of the linguistic rights of national minorities and their protection should be given special importance in the domestic legal order ^[12].

Today, the need to provide additional protection to the linguistic rights of national minorities is recognized at the highest political level. Thus, in accordance with the provisions of the Strategy of the State National Policy of the Russian Federation for the period up to 2025^[4], it is fixed that the preservation of ethno-cultural and linguistic diversity, represented by the totality of all ethnic cultures and languages of the peoples of Russia, is one of the main priorities of the state national policy. Moreover, in accordance with this strategy, even a special category of needs is allocated – national-cultural (ethno-cultural) needs, which represent the needs for the preservation and development of one's own culture and language.

Thus, the object of research in the framework of this article will be the social relations that develop within the framework of the implementation of the linguistic rights of national minorities in the Russian Federation. The subject will be the provisions of the Constitution of the Russian Federation ^[1], which enshrine the legal regime for the implementation and protection of the linguistic rights of national minorities. As an additional subject for analysis, the provisions of individual federal laws that are in connection with the constitutional and legal regulation of the linguistic rights of national minorities will also be used.

The purpose of the study is to identify the key features of the modern constitutional and legal regulation of the linguistic rights of national minorities in the Russian Federation. Also, the article will identify the key problems existing in the analyzed area and suggest ways to eliminate them.

Constitutional and legal regime for the implementation and protection of the linguistic rights of national minorities

The constitutional and legal regime for the exercise and protection of the linguistic rights of national minorities can be conditionally divided into two main components, one of which is represented by the provisions of Chapter 2 of the Constitution of the Russian Federation, which enshrines language rights as fundamental human and civil rights, and the other by the provisions of Chapter 3, which establishes the general principles and features of state regulation of language rights at the federal level. and regional levels.

Among the provisions of Chapter 2 of the Constitution of the Russian Federation, two groups of norms can be distinguished: 1) the first group of norms is aimed at ensuring the protection of language rights and preventing discrimination on the basis of language; 2) the second group of norms enshrines direct language rights.

So, within the first group, first of all, it should be noted Article 19, which enshrines the guarantee of equality of rights and freedoms regardless of language, and also prohibits any restrictions on rights based on linguistic affiliation. The norms of Article 29 of the Constitution of the Russian Federation have a similar orientation, according to which propaganda of linguistic superiority is recognized as unacceptable.

The second group of norms is represented by the provisions of Part 2 of Article 26 of the Constitution of the Russian Federation, which enshrines the basic constitutional language rights, including: the right to use one's native language, as well as the right to freely choose the language of communication, upbringing, education and creativity.

These rights are as general as possible. Thus, in particular, fixing the right to choose the language of communication, the Constitution of the Russian Federation does not specify what should be understood by communication, as a result of which this norm extends its effect to the widest possible range of spheres and forms of public relations ^[11].

However, such a broad approach of the Constitution to the consolidation of language rights has given rise to a discussion in legal science about the possibility of considering as a subject of such rights not only individual citizens (a person), but national minorities as a whole (a group of people). The question of the relationship of the mentioned language rights to individual or collective rights has given rise to two opposing points of view.

According to some authors, the rights established in Article 26 of the Constitution of the Russian Federation should extend their effect not only to a person, but also to communities of people (national minorities). At the same time, with regard to such collective rights, the provisions of Article 26 of the Constitution of the Russian Federation should acquire additional content corresponding to group interests and needs. For example, M.V. Puchkova believes that the collective language rights of national minorities should take into account the peculiarities of their group life and ensure the realization of specific group needs that lie in historical, cultural, religious, ethnic and other spheres ^[18]. In turn, I.M. Ilyin believes that national minorities are actually endowed with their own constitutional and legal status, similar, but not identical with the constitutional and legal status of a person who is a representative of such minorities ^[10].

At the same time, other researchers point out that a national minority cannot be considered as a subject of constitutional rights. As L.V. Andrichenko notes, in particular, with regard to national minorities, the Constitution of the Russian Federation (as well as other normative legal acts) establish only the general duties of state authorities in the field of protecting their linguistic (and other) identity. At the same time, the implementation of these duties allows representatives of national minorities to freely and fully exercise their individual language rights, but does not create special collective rights of national minorities. Thus, L.V. Andrichenko states, national minorities should be considered not as a subject of language rights, but as an independent object of legal regulation in the language sphere. The subjects of such rights are persons who consider themselves to be national minorities ^[6]. A similar point of view is shared by D.S. Teps, who believes that only a special protection regime is being created for national minorities, but they are not being granted collective rights ^[19].

Also in the specialized literature, one can find the opinion that the rights enshrined in Article 26 of the Constitution of the Russian Federation, although they are special (or special) rights, but, nevertheless, are not additional rights that a person is endowed with in connection with his nationality ^[15]. In general, a similar point of view can be found in the writings of S.A. Avakian, who notes that "there are practically no rights and freedoms that citizens possess solely by virtue of nationality" ^[13]. Within the framework of such a position, it becomes impossible in principle to talk about the existence of collective rights of national minorities, since they will always be associated with nationality.

However, it is true that the analyzed provisions of the Constitution of the Russian Federation do not mention the ownership of the relevant rights to representatives of national minorities. The relevant norms consolidate the language rights of all citizens and guarantee universal protection of these rights regardless of nationality. At the same time, the Constitution of the Russian Federation also says nothing about the collective nature of language rights. Moreover, based on the systematic interpretation of Chapter 2, entitled "Human and civil rights and freedoms", it can be concluded that the rights enshrined in part 2 of Article 26 are individual rights.

At the same time, it is important to note that the subjects of linguistic legal relations can be not only citizens, but also their associations, as well as public legal entities. In particular, in accordance with the Law of the Russian Federation "On the Languages of the Peoples of the Russian Federation" ^[3], public and religious associations and organizations are considered as subjects of linguistic legal relations, and in the field of education, local self-government bodies that establish special language educational institutions can act as participants in linguistic legal relations ^[9].

Nevertheless, it does not seem quite correct to talk about the consolidation of collective linguistic rights of national minorities at the constitutional level. These rights are individual. Moreover, the linguistic rights of members of national minorities should be considered as a special case of more general linguistic rights belonging to all people, regardless of their national and ethnic affiliation and self-identification. The specifics here will manifest themselves not in the scope and content of language rights, but in the specifics of their protection and ensuring proper implementation by the State. In turn, the reasons for granting such additional protection will be the special vulnerable position of representatives of national minorities whose language is not used as the State language in the Russian Federation.

In such a context, the provisions of Chapter 3 of the Constitution of the Russian Federation begin to acquire importance within the framework of the constitutional and legal regulation of the linguistic rights of national minorities.

In particular, in accordance with Part 1 of Article 68 of the Constitution of the Russian Federation, it is established that the state language is Russian "as the language of the state-forming people, which is part of the multinational union of equal peoples of the Russian Federation." At the same time, in Part 2 of Article 68, the republics within the Russian Federation are given the right to establish their own state languages, which will be used in public authorities along with the Russian language.

The latter provision became the basis for the formation of a unique model of constitutional and legal regulation of the linguistic rights of national minorities, within the framework of which it becomes possible to simultaneously exist in Russia 34 languages with the status of state ^[7]. At the same time, in the specialized literature, such a constitutional norm meets with quite fair criticism. For example, L.N. Vasilyeva notes that granting national republics within Russia the right to establish their own state languages could potentially lead to the emergence of an uncertain situation around the presence or absence of sovereignty (its share) in the subjects of the Russian Federation ^[8].

Indeed, in many ways, the wording of Part 2 of Article 68 of the Constitution of the Russian Federation goes back to the provisions of the 1992 Federal Treaty ^[2], which was concluded with all subjects of the federation even before the adoption of the Constitution of the Russian Federation and provided for their share of state sovereignty. When the Constitution of the Russian Federation was adopted, the scope of the regions' own powers was significantly narrowed, and the idea of granting them partial sovereignty was abandoned. Thus, the norm on the possibility of establishing their own state languages has become a kind of "curtsey" towards national republics.

However, to date, the existence of such a constitutional provision seems to be a kind of vestige that negatively affects the certainty of legal regulation of the language policy of the Russian Federation. According to their objective characteristics, the languages of the national republics do not meet the criteria of the state language, they are minority languages ^[17] and it is in this regard that they are subject to additional legal protection. At the same time, recognition of the status of state languages for the languages of national republics should deprive them of the status of minority languages ^[17] and, accordingly, equate the legal mechanisms of their protection with the legal instruments of protection of the Russian language.

The amendments to the Constitution of 2020 attempted to eliminate the noted uncertainty by giving the Russian language the status of the language of the state-forming people. As a result, at present it can be said that on the territory of Russia there are: the state language of the state-forming people (Russian); other state languages (languages endowed with such status in national republics); other official languages of the peoples of Russia (languages of indigenous peoples). This situation is still not optimal, but it already establishes a certain language hierarchy, which corresponds to the classical model of the state language – minority languages – autochthonous languages. As a result, the theoretical problem of the impossibility of recognizing the status of state languages for minority languages is eliminated.

However, a more optimal option for distinguishing the state language of the Russian Federation and the state languages of the national republics that make up it is to change the names of the latter to "official languages of the national republics". At the same time, they will retain their essential features, and will also enjoy additional state protection.

In addition to the above provisions, Part 3 of Article 68 of the Constitution of the Russian Federation establishes a guarantee of preserving the native language, as well as creating conditions for its study and development for all peoples of the Russian Federation. Some detail of this provision in relation to the languages of indigenous minorities can be found in Part 2 of Article 69 of the Constitution of the Russian Federation, which establishes the duty of the State to protect "the cultural identity of all peoples and ethnic communities of the Russian Federation", and also establishes a guarantee for the preservation of "ethno-cultural and linguistic diversity". At the same time, Part 1 of Article 69 of the Constitution of the Russian Federation states that the rights of indigenous and small-numbered peoples (including linguistic ones) guaranteed on the territory of the Russian Federation must comply not only with domestic standards, but also with generally recognized principles and norms of international law.

Among the provisions of Chapter 3 aimed at protecting the linguistic rights of national minorities, it should also be noted the rules on the delimitation of powers between the Russian Federation and the subjects of the Russian Federation.

Thus, in accordance with paragraph "b" of Article 71 of the Constitution of the Russian Federation, "regulation and protection of the rights of national minorities" are assigned to the jurisdiction of the Russian Federation. According to paragraph "e" of Article 71, the Russian Federation is also in charge of issues in the field of establishing the foundations of federal policy in the field of national development, as well as forming the legal foundations of the system of upbringing and education (which is of great importance for the implementation of the linguistic rights of national minorities).

In Article 72 of the Constitution of the Russian Federation, the following issues are assigned to the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation: protection of the rights of national minorities (item "b"); upbringing and education (item "e"); protection of the ancestral habitat and traditional way of life of small ethnic communities (item "m").

Thus, the Russian Federation and the subjects of the Russian Federation bear "joint responsibility" ^[10] for observing and ensuring the proper exercise of the linguistic rights of national minorities. This position is also confirmed in the law enforcement practice of the Constitutional Court of the Russian Federation. So, in the Resolution No. 26-P of 15.11.2012. ^[5] The Constitutional Court of the Russian Federation noted that the subjects of the Russian Federation can independently carry out legal regulation on subjects of joint jurisdiction in the absence of federal legislation.

In general, it can be stated that the Constitution of the Russian Federation forms an effective multidirectional mechanism for protecting the rights (including linguistic) of national minorities, which is ensured by the actions of both federal and regional public authorities. In other words, we can agree with S.D. Chentsov, who believes that at the present time a reliable basis has been formed at the constitutional level in Russia "for the linguistic sovereignty of the individual, the sovereignty of the individual in combination with national identity" ^[20].

However, returning to the analysis of the subjects of joint jurisdiction specified in Articles 71 and 72 of the Constitution of the Russian Federation, it is worth noting some uncertainty that has developed in terms of the differentiation of competencies of the Russian Federation and the subjects of the Russian Federation in the field of protection of the rights of national minorities.

Thus, both clause "b" of Article 71 and clause "e" of Article 72 of the Constitution of the Russian Federation contain the identical authority "protection of the rights of national minorities". At the same time, unlike, for example, the powers in the field of upbringing and education (where Article 71 refers to the establishment of uniform legal bases, and Article 72 – on general issues of upbringing and education), in this case there is no differentiation on the principle of general/private, or unified/regional. Both marked items (item "b" of Article 71 and item "e" of Article 72) contain exactly the same subjects of reference.

At the same time, the simultaneous attribution of the same issue to the exclusive jurisdiction of the Russian Federation and to the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation seems impossible.

As a consequence, it seems necessary: either to make adjustments to paragraph "b" of Article 71 of the Constitution of the Russian Federation, adding the phrase "establishment of uniform legal foundations and foundations of federal policy in the field of [regulation and protection of the rights of national minorities]"; or to appeal to the Constitutional Court of the Russian Federation for a systematic interpretation of the relevant provisions of Articles 71 and art. 72 in accordance with the procedure established by the Federal Law "On the Constitutional Court of the Russian Federation".

Conclusion

Thus, at present in the Russian Federation there is a very effective constitutional and legal framework for the protection of the linguistic rights of representatives of national minorities, among which one can distinguish both the population of national republics and indigenous minorities. The provisions of the Constitution of the Russian Federation in the relevant sphere are represented by two large blocks of norms, one of which is located in Chapter 2, and the second in Chapter 3.

At the same time, the provisions of Chapter 2 of the Constitution of the Russian Federation establish common language rights and State guarantees in the sphere of their free exercise. These rights are universal and belong to all citizens regardless of their nationality. The key features of the constitutional and legal regulation of the linguistic rights of national minorities are concentrated in Chapter 3 of the Constitution of the Russian Federation, which establishes the duties of public authorities in the field of protecting the linguistic rights of national minorities, as well as establishes the possibility of giving official status to languages at the level of national republics that are part of the Russian Federation and guarantees the protection of the languages of all peoples of Russia.

However, despite the fact that the constitutional and legal regime for the protection of the linguistic rights of national minorities is multidirectional and quite effective, there are certain uncertainties and contradictions in the relevant provisions of the Constitution of the Russian Federation, which negatively affect the degree of protection of the linguistic rights of national minorities. It seems that these shortcomings can be corrected either by technical revision of individual articles of the Constitution, or by applying to the Constitutional Court of the Russian Federation for a systematic interpretation of the relevant provisions.