You have the right to establish your own languages along with Russian. On the right of republics within the Russian Federation to establish their own state languages
1. The Russian Federation includes the following subjects of the Russian Federation:
Republic of Adygea (Adygea), Republic of Altai, Republic of Bashkortostan, Republic of Buryatia, Republic of Dagestan, Republic of Ingushetia, Kabardino-Balkarian Republic, Republic of Kalmykia, Karachay-Cherkess Republic, Republic of Karelia, Komi Republic, Republic of Crimea, Mari El Republic, Mordovia Republic, Republic of Sakha (Yakutia), Republic of North Ossetia - Alania, Republic of Tatarstan (Tatarstan), Republic of Tyva, Udmurt Republic, Republic of Khakassia, Chechen Republic, Chuvash Republic- Chuvashia;
Altai region, Transbaikal region, Kamchatka Territory, Krasnodar Territory, Krasnoyarsk Territory, Perm Territory, Primorsky Territory, Stavropol region, Khabarovsk region;
Amur region, Arkhangelsk region, Astrakhan region, Belgorod region, Bryansk region, Vladimir region, Volgograd region, Vologda Region, Voronezh region, Ivanovo region, Irkutsk region, Kaliningrad region, Kaluga region, Kemerovo region, Kirov region, Kostroma region, Kurgan region, Kursk region, Leningrad region, Lipetsk region, Magadan region, Moscow region, Murmansk region, Nizhny Novgorod region, Novgorod region, Novosibirsk region, Omsk region, Orenburg region, Oryol region, Penza region, Pskov region region, Rostov region, Ryazan region, Samara region, Saratov region, Sakhalin region, Sverdlovsk region, Smolensk region, Tambov region, Tver region, Tomsk region, Tula region, Tyumen region, Ulyanovsk region, Chelyabinsk region, Yaroslavl region;
Moscow, St. Petersburg, Sevastopol - cities federal significance;
Jewish Autonomous region;
Nenets Autonomous Okrug, Khanty-Mansiysk Autonomous Okrug - Yugra, Chukotka Autonomous Okrug, Yamalo-Nenets Autonomous Okrug.
2. Admission to the Russian Federation and the formation of a new subject within it are carried out in the manner established by federal constitutional law.
1. The status of the republic is determined by the Constitution of the Russian Federation and the constitution of the republic.
2. The status of a territory, region, federal city, autonomous region, autonomous district is determined by the Constitution of the Russian Federation and the charter of the region, region, federal city, autonomous region, autonomous district, adopted by the legislative (representative) body of the corresponding subject of the Russian Federation.
3. According to the proposal of legislative and executive bodies autonomous region, autonomous okrug, a federal law on an autonomous region, autonomous okrug may be adopted.
4. Relations between autonomous okrugs that are part of a territory or region may be regulated by federal law and an agreement between the state authorities of the autonomous region and, accordingly, the state authorities of the territory or region.
5. The status of a subject of the Russian Federation can be changed by mutual consent of the Russian Federation and the subject of the Russian Federation in accordance with the federal constitutional law.
1. The territory of the Russian Federation includes the territories of its subjects, internal waters and territorial sea, and the airspace above them.
2. The Russian Federation has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation in the manner determined by federal law and regulations international law.
3. The borders between the constituent entities of the Russian Federation can be changed with their mutual consent.
1. The state language of the Russian Federation throughout its entire territory is Russian.
2. Republics have the right to establish their own official languages. In government bodies, local government bodies, and government institutions of the republics, they are used along with the state language of the Russian Federation.
Z. The Russian Federation guarantees to all its peoples the right to preserve their native language and create conditions for its study and development.
The Russian Federation guarantees the rights of indigenous small peoples in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation.
1. State flag, coat of arms and anthem of the Russian Federation, their description and order official use are established by federal constitutional law.
2. The capital of the Russian Federation is the city of Moscow. The status of the capital is established by federal law.
The Russian Federation has jurisdiction over:
a) adoption and amendment of the Constitution of the Russian Federation and federal laws, monitoring their compliance;
b) federal structure and territory of the Russian Federation;
c) regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation; regulation and protection of the rights of national minorities;
d) establishing a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; formation of federal government bodies;
e) federal state property and its management;
f) establishing the framework for federal policy and federal programs in the field of state, economic, environmental, social, cultural and national development of the Russian Federation;
g) establishment legal framework single market; financial, currency, credit, customs regulation, money issue, fundamentals of pricing policy; federal economic services, including federal banks;
h) federal budget; federal taxes and fees; federal funds for regional development;
i) federal energy systems, nuclear energy, fissile materials; federal transport, communications, information and communications; activities in space;
j) foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation; issues of war and peace;
k) foreign economic relations of the Russian Federation;
l) defense and security; defense production; determining the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property; production of toxic substances, narcotic drugs and the procedure for their use;
m) determination of status and protection state border, territorial sea, airspace, exclusive economic zone and continental shelf of the Russian Federation;
o) judicial system; prosecutor's office; criminal and penal legislation; amnesty and pardon; civil law; procedural legislation; legal regulation of intellectual property;
n) federal conflict of laws;
p) meteorological service, standards, standards, metric system and timekeeping; geodesy and cartography; names of geographical objects; official statistics and accounting;
With) state awards and honorary titles of the Russian Federation;
r) federal public service.
1. The following are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation:
a) ensuring compliance of the constitutions and laws of republics, charters, laws and other normative legal acts of territories, regions, federal cities, autonomous regions, autonomous districts with the Constitution of the Russian Federation and federal laws;
b) protection of human and civil rights and freedoms; protection of the rights of national minorities; ensuring law, order, public safety; border zone regime;
c) issues of ownership, use and disposal of land, subsoil, water and other natural resources;
d) delimitation of state property;
e) environmental management; environmental protection and ensuring environmental safety; specially protected natural areas; protection of historical and cultural monuments;
f) general issues of upbringing, education, science, culture, physical culture and sports;
g) coordination of health issues; protection of family, motherhood, paternity and childhood; social protection, including social security;
h) implementation of measures to combat disasters, natural disasters, epidemics, and liquidation of their consequences;
i) establishment of general principles of taxation and fees in the Russian Federation;
j) administrative, administrative-procedural, labor, family, housing, land, water, forestry legislation, legislation on subsoil, on environmental protection;
k) personnel of judicial and law enforcement agencies; advocacy, notary;
l) protection of the original habitat and traditional way of life of small ethnic communities;
m) establishing general principles for organizing the system of state authorities and local self-government;
o) coordination of international and foreign economic relations of the constituent entities of the Russian Federation, implementation of international treaties of the Russian Federation.
2. The provisions of this article apply equally to republics, territories, regions, cities of federal significance, autonomous regions, and autonomous districts.
Article 73
Outside the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation have full state power.
1. On the territory of the Russian Federation, the establishment of customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources is not allowed.
2. Restrictions on the movement of goods and services may be introduced in accordance with federal law if this is necessary to ensure safety, protect the life and health of people, protect nature and cultural values.
1. Monetary unit in the Russian Federation is the ruble. Monetary emission is carried out exclusively by the Central Bank of the Russian Federation. The introduction and issue of other money in the Russian Federation is not permitted.
2. Protecting and ensuring the stability of the ruble is the main function of the Central Bank of the Russian Federation, which it carries out independently of other government bodies.
3. The system of taxes levied into the federal budget and the general principles of taxation and fees in the Russian Federation are established by federal law.
4. Government loans are issued in the manner determined by federal law and are placed on a voluntary basis.
1. On the subjects of jurisdiction of the Russian Federation, federal constitutional laws and federal laws that have direct action throughout the Russian Federation.
2. On subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal laws and laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them are issued.
3. Federal laws cannot contradict federal constitutional laws.
4. Outside the jurisdiction of the Russian Federation, the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, republics, territories, regions, cities of federal significance, autonomous regions and autonomous districts carry out their own legal regulation, including the adoption of laws and other regulatory legal acts.
5. Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws adopted in accordance with parts one and two of this article. In the event of a conflict between a federal law and another act issued in the Russian Federation, the federal law shall apply.
6. In the event of a contradiction between a federal law and a regulatory legal act of a constituent entity of the Russian Federation, issued in accordance with part four of this article, the regulatory legal act of a constituent entity of the Russian Federation shall apply.
1. The system of government bodies of republics, territories, regions, cities of federal significance, autonomous region, autonomous districts is established by the constituent entities of the Russian Federation independently in accordance with the fundamentals of the constitutional system of the Russian Federation and general principles organizations of representative and executive bodies of state power established by federal law.
2. Within the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form unified system executive power in the Russian Federation.
1. To exercise their powers, federal executive authorities may create their own territorial bodies and appoint appropriate officials.
2. Federal executive authorities, by agreement with the executive authorities of the constituent entities of the Russian Federation, may transfer to them the exercise of part of their powers, if this does not contradict the Constitution of the Russian Federation and federal laws.
3. The executive authorities of the constituent entities of the Russian Federation, by agreement with the federal executive authorities, may transfer to them the exercise of part of their powers.
4. The President of the Russian Federation and the Government of the Russian Federation ensure, in accordance with the Constitution of the Russian Federation, the exercise of the powers of federal state power throughout the entire territory of the Russian Federation.
The Russian Federation may participate in interstate associations and delegate to them part of its powers in accordance with international treaties, if this does not entail restrictions on the rights and freedoms of man and citizen and does not contradict the fundamentals of the constitutional system of the Russian Federation.
1. The Russian language has the status of the state language in Russia in accordance with the Constitution of the Russian Federation and the Law of the Russian Federation of October 25, 1991 N 1807-1 “On the languages of the peoples of the Russian Federation”. This means that it is used in all areas of government and public life. It publishes laws and other legal acts, writes official documents, minutes and transcripts of meetings, conducts office work in government bodies and official correspondence. It is the main language of education and training in schools and other educational institutions. Official language mainly used on television and radio, in the publication of newspapers and magazines.
2. Part 2 of Article 68 of the Constitution also enshrines the right of republics to establish their state languages. Each republic can determine which language or languages are its official language, what measures are provided to protect the national language, and in what areas of life it can be used. In a number of republics, in connection with giving the status of the state title language, it is declared an object of special concern of the state. For example, Article 18 of the Steppe Code (Basic Law) of the Republic of Kalmykia-Khalmg Tangch states: “The Kalmyk language is the basis of the national identity of the Kalmyk people. Its revival, preservation, development and expansion of the environment for use are the priority tasks of the authorities of the Republic of Kalmykia.” Similar provisions for special attention to the state titular languages can be found in the laws of the republics of Komi, Sakha (Yakutia), Chuvashia, Ingushetia, Mari El and the Kabardino-Balkarian Republic. The law of the Republic of Tuva declares that giving the Tuvan language the status of a state language, along with other positions, will be a legal guarantor for solving personnel prerequisites for encouraging and assisting representatives of other nationalities in learning the Tuvan language. This approach is far from fully consistent, in our opinion, with the norm of the same law on ensuring the free development and equality of all languages in Tyva. Undoubtedly, based on the principles of equal rights of peoples to preserve and develop their languages, the laws of the republics of Adygea, Altai, Buryatia, Tatarstan, Khakassia and the Karachay-Cherkess Republic enshrine the right to state support for all languages of the peoples of these republics.
3. It should be recognized that often it is the giving of special priority to the state titular languages of the republics that serves as the basis for the escalation of tension in interethnic issues. First of all, this should include the requirements for mandatory knowledge of both state languages for a candidate for a position of higher education. official republic, as well as an expanded interpretation of the list of positions, the occupation of which requires knowledge of both state languages. Currently, the requirement for the president of the republic to speak both state languages is enshrined in the constitutions of the republics of Adygea, Bashkortostan (although the titular language is not declared the state language), Buryatia, Ingushetia, Sakha (Yakutia), North Ossetia-Alania, Tatarstan, Tyva.
4. In the State Concept national policy of the Russian Federation, approved by Decree of the President of the Russian Federation of June 15, 1996 N 909, among the basic principles of state national policy, a significant place is given to the protection of linguistic rights of individuals and peoples. Citizens of the Russian Federation have the right to receive basic general education on native language, which is ensured by the creation of the required number of corresponding educational institutions.
On the right of republics within the Russian Federation to establish their own state languages
The importance of language in the life of society is very great. Without exaggeration, it can be stated that language stands next to such components of the life of society as economics, politics, and law. The importance of language lies not only in the fact that it acts as a means of human communication, inextricably linked with thinking, a social means of storing and transmitting information, managing human behavior, as a criterion for a person’s ethnic self-identification, but also in the fact that very often it goes beyond one state and becomes a means of interstate, interethnic communication, acquiring foreign policy overtones. Along with political, economic, social and cultural conditions, linguistic factors can cause interethnic and interethnic disputes and conflicts.
The problem of language becomes particularly acute in federal states. Wherein we're talking about not only about those federations whose subjects are national-state and national-territorial entities, but also about those that are formed from political-territorial units. Often this problem also arises in so-called semi-federal and unitary states.
During the “parade of sovereignties” claims to Union of Soviet Socialist Republics on language issues were presented not only by the union and autonomous republics, but also by autonomous regions and districts. These claims concerned not only the receipt of education in the language of the titular nations of the union republics and autonomous entities, but also the establishment of them as state languages along with the general federal state language - Russian. It was the problem of establishing state languages that, along with other economic and political reasons, became the reason for armed conflicts.
It should be noted that in some autonomous formations within the union republics, Russian was offered as the state language, along with the language of the titular nation of the union republic, and not the language of the people of the autonomy. Such demands were made, for example, by South Ossetia and Abkhazia towards Georgia. At the same time, the political and economic elite of these autonomous formations demanded that this be recorded in the Constitution of Georgia. This demand was not satisfied, which marked the beginning of a confrontation between Georgia, on the one hand, and South Ossetia and Abkhazia, on the other.
What is the concept of “state language”? IN scientific literature The state language is defined as the “native” language of the majority or a significant part of the population of the state and therefore intended to be the most commonly used in it. This is the language in which government authorities communicate with the population, “talk to citizens.”
The state language is also the language used in relations between states, as well as between states and international organizations and other subjects of international law.
In the legal literature, along with the concept of “state language”, other terms are used: “official language”, “working language”, “language of interethnic communication”. However, there are no generally accepted definitions of these concepts either.
Practice shows that the term “state language” is used, as a rule, in intrastate relations. The concept of “official language” is used mainly in international relations, in particular, in the activities international organizations and bodies (conferences). For example, the UN Charter proclaims English, French, Russian, Chinese, and Spanish as official languages. Within the meaning of the UN Charter, this means that the texts of the Charter in the specified languages are equally authentic (Article III of the Charter). At the same time, the working languages of the UN are English and French, that is, the work of the UN is conducted in these two languages. The term “official language” is sometimes also used in intrastate relations along with the state language. For example, Art. 8 of the Irish Constitution defines the state and first official language as Irish, and English is recognized as the second official language. This article, as can be seen, makes a distinction between the state and official languages. The Irish language is both the state and official language, and English is only the official (second) language.
As for the term “working language,” it is, as a rule, not used in domestic legislative acts.
In unitary states, even if some parts of them enjoy broad autonomy, as a rule, the state language is recognized as the language of the titular nation, with whose name the name of the given state is associated (Italy, Spain, etc.). However, as practice shows, autonomous formations in such states often demand that they be given the right to establish their own state languages. But in practice there has never been a case where two or more languages were recognized as the state language in a unitary state.
One state language is established as the state language in many federal states (Germany, Austria, Mexico, Brazil, etc.). At the same time, in those federal states whose subjects are national-state entities, the problem of multilingualism, as a rule, arises. Moreover, history knows of cases when in some federations, in particular in the USSR, the subjects of the federation established the language of the titular nation as the only state language. As for the Russian language, it qualified as a language of interethnic communication. Thus, in the last constitution of Georgia of the Soviet period, the Georgian language was recognized as the only state language. "In the Georgian SSR, free use is ensured in these bodies (meaning state and public bodies, institutions of culture, education, etc.) and institutions of Russian and other languages used by the population." This suggests that the Russian language in Georgia was not recognized as the state language. Similar provisions were contained in the constitutions of Armenia, Azerbaijan and other republics.
In some federal states, two or more languages are proclaimed as state languages. Other options are also possible. For example, the Belgian Constitution proclaims the freedom to use the languages accepted in Belgium, without recognizing any of them as state languages. Regulation of this issue is allowed only in the sphere of public administration and the administration of justice and only on the basis of the law: the use of laws adopted in Belgium is optional.
A special procedure, different from the world practice of establishing state languages, exists in the Russian Federation. According to Art. 68 (Part 1) of the Constitution of the Russian Federation, the state language throughout the entire territory of Russia is Russian. At the same time, part two of the same article gives the right to republics within the Russian Federation to establish their own state languages. It states that in government bodies, local government bodies, and government institutions of the republics they will be used along with the state language of the Russian Federation.
Noteworthy is the fact that the Constitution of the Russian Federation gives only the republics the right to establish their own state languages. The question arises: does the Constitution of the Russian Federation infringe on the rights of other constituent entities of the Russian Federation by giving the right to establish their own state languages only to republics. After all, in accordance with Art. 5 (part 3) all subjects of the Federation have equal rights. As for regions, territories, cities of federal significance, their deprivation of such a right is understandable. These are Russian-speaking subjects and the question of a second state language is unlikely to arise for them.
However, in addition to the republics national entities include two other types of subjects. We are talking about one autonomous region (Jewish) and 4 autonomous districts, which in their legal status are equal to the republics within Russia. Is this not an infringement of their interests as full-fledged subjects of the Russian Federation, as well as the principle of equality of all peoples and nations on the territory of Russia?
It seems to us that the reason for granting the republics the right to establish their own state languages was that the Constitution of the Russian Federation recognizes them as states. However, as mentioned above, republics are not and, in principle, cannot be states in the classical sense of this concept. For this reason, it seems to us that both the autonomous region and the autonomous okrugs can lay claim to establishing their own languages, at least as an official one.
Many republics took advantage of their constitutional right and adopted laws on state languages (Republic of Mordovia, Republic of Komi, etc.). It should be emphasized that not all republics have adopted such laws (Republic of Adygea, Republic of Karelia, etc.). The opinion is expressed that in republics where the titular nation makes up a small percentage of the total population of the republic, it can hardly be considered appropriate to give status to the state language of this nation. In our opinion, one can hardly agree with this opinion. Firstly, the Constitution grants the right to establish their own state languages to all republics within the Russian Federation, regardless of whether the titular nation constitutes the majority of the population. Secondly, limiting the constitutional right of the titular nation in any case will be discrimination against one or another people. Thirdly, whether or not to establish their own language as a state language is the right, not the obligation of each republic, and they can refuse this, but without outside influence. If we follow this principle, then titular nations constitute a majority only in a few republics, and then the Constitution’s provision on state languages may turn out to be unnecessary.
It seems to us that the question should be posed not in the sense that for some republics it is advisable to establish their own state languages, while for others it is not, but about whether the republics actually implement their constitutional rights in practice. This issue is quite complex and requires a detailed study of the actual situation regarding the implementation of the right to establish state languages.
As already mentioned, not all republics have yet adopted their respective laws. But that's not what this is about. It is important to clarify the question of whether in a particular republic office work is conducted in the language of the titular nation, whether work in government bodies is conducted in this language. state language federal nation
In the scientific literature, little attention is paid to the problem of official languages. Issues such as the scope of application of state languages and the functions of the state language have not been studied. For this reason, it would be necessary to analyze in detail the provisions of the Law of the Russian Federation “On the Languages of the Peoples of the Russian Federation” and the corresponding provisions of similar laws of the constituent entities of the Federation.
Part 2 Art. 10 of the Law of the Russian Federation “On the languages of the peoples of the Russian Federation” states that “the Russian language as the state language of the Russian Federation is studied in general educational institutions and educational institutions of vocational education.” According to Part 3 of the same article, the teaching of state and other languages in the republics is carried out in accordance with their legislation.
According to Art. 2 (Part 1) of the Law, work in federal government bodies, government bodies of constituent entities of the Russian Federation and local government bodies is carried out in the state language of the Russian Federation. In government bodies, local self-government bodies, and government institutions of the republics, along with the state language of the Russian Federation, the state languages of the republics may be used.
The language of draft federal constitutional laws, draft federal laws, draft chambers of the Federal Assembly of the Russian Federation submitted for consideration State Duma and submitted to the Federation Council for consideration, is the state language of the Russian Federation.
Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly of the Russian Federation, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, according to Art. 12 of the Law “On the Languages of the Peoples of the Russian Federation” are published in the state language of the Russian Federation.
The state language of the Russian Federation is used in the preparation of elections and referendums in the Russian Federation. Election ballots and referendum ballots are printed in the state language of the Russian Federation. Protocols of voting results, election results and referendums are also printed in the state language of the Russian Federation (Article 14 of the Law).
The state language of the Russian Federation is used in the activities of bodies, organizations, enterprises and institutions of the Russian Federation (Article 15, Part 1).
Official paperwork in government bodies, organizations, enterprises and institutions is conducted in Russian as the state language of the Russian Federation (Part 1 of Article 16).
The texts of documents (forms, seals, stamps, postmarks) and signs with the names of government bodies, organizations, institutions, enterprises are drawn up in the state language of the Russian Federation (Part 2 of Article 16).
Identification documents of a citizen of the Russian Federation, civil records, work books, as well as education documents, military IDs and other documents are issued in the state language of the Russian Federation, taking into account national naming traditions (Part 4 of Article 16).
Official correspondence and other forms of official relationships between government bodies, organizations, enterprises, institutions of the constituent entities of the Russian Federation with addressees in the Russian Federation are also conducted in Russian (Article 17).
Legal proceedings and paperwork are conducted in the state language of the Russian Federation in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, other federal courts, military courts, as well as paperwork in law enforcement agencies (Part 1 of Article 18).
The rules for determining the language of legal proceedings also apply to the language of notarial office work in state notary offices and in other government bodies performing the functions of notarial office work (Part 1, Article 19).
All-Russian newspapers and magazines, all-Russian television and radio broadcasts are published in Russian as the state language (Clause 1, Article 20).
In the fields of industry, communications, transport and energy throughout the Russian Federation, the Russian language is used as the state language (Part 1 of Article 21).
Office work in the service sector and commercial activities conducted in the state language of the Russian Federation (Part 2, Article 22).
The writing of names of geographical objects and the design of inscriptions, road and other signs are carried out in the state language of the Russian Federation.
The activities of foreign representative offices of the Russian Federation, foreign policy, foreign economic and other institutions of the Russian Federation are carried out in the state language of the Russian Federation and in the language of the corresponding country (Part 1, Article 26).
Treaties, agreements and other international acts concluded on behalf of the Russian Federation are drawn up in the state language of the Russian Federation and in the language of the other contracting party, for in other languages by mutual power of attorney of the parties (Part 2 of Article 26).
In negotiations on behalf of the Russian Federation with representatives of other countries and international organizations, the state language of the Russian Federation and other languages are used by mutual agreement of the parties and in accordance with international agreements (Part 3 of Article 26).
In relation to the Russian Federation and the constituent entities of the Russian Federation, the state language of the Russian Federation is used (Article 27).
An analysis of the relevant provisions of the Law of the Russian Federation “On the languages of the peoples of the Russian Federation” shows that the Law defines in some detail the functions and scope of use of the state language of the Russian Federation. At the same time, the Law defines the scope and territorial limits of the use of the state languages of the Russian Federation, as well as the languages of nationalities living compactly on the territory of other constituent entities of the Russian Federation.
The teaching of state and other languages in the republics is carried out in accordance with their legislation (Part 3 of Article 10).
The law gives the republics the right to use their state language along with the state language of the Russian Federation in government bodies, local government bodies, and government institutions.
At the same time, at meetings of the Federation Council and the State Duma, committees and commissions of the chambers, and at parliamentary hearings, members of the Federation Council and deputies of the State Duma have the right to speak in the state languages of the republics or other languages of the peoples of the Russian Federation, provided that the speech is translated into the state language of the Russian Federation in accordance with with the regulations of the chambers of the Federal Assembly of the Russian Federation. This provision equates the state languages of the republics with other languages of the peoples of the Russian Federation.
In republics, federal constitutional laws, federal laws and other federal normative legal acts, along with official publication, may be published in the state languages of the republics (Article 12). This provision does not establish equality between the state languages of the Russian Federation and the state languages of the republics when publishing federal regulations. Apparently, the texts of laws and other legal acts in this case cannot be equally authentic. The publication of such normative legal acts in the state language provides an opportunity for persons who do not speak Russian to become familiar with it in their native language, that is, it has technical significance. With the same success they could be published in the language of any nationalities living on the territory of the constituent entities of the Russian Federation (Part 2 of Article 13).
According to Part 1 of Art. 14 when preparing and conducting elections and referendums in the Russian Federation, the republics, along with the state language of the Russian Federation, have the right to use the state languages of the republics and the languages of the peoples of the Russian Federation in the territories of their compact residence. The same right is granted to other subjects of the Russian Federation. Along with the state language of the Russian Federation, they can also use the languages of the peoples of the Russian Federation in the territories of their compact residence.
Referendum ballots may be printed in the official languages of the Republics, and in necessary cases also in the languages of other peoples of the Russian Federation in the territories of their compact residence (Part 2 of Article 14).
In the activities of state bodies, organizations, enterprises and institutions of the Russian Federation, along with the state language of the Russian Federation, the state languages of the Republics and other languages of the peoples of the Russian Federation are also used (Part 1, Article 15).
Official paperwork in the republics is conducted, along with the state language of the Russian Federation, also in the state languages of the republics. The texts of documents (forms, seals, stamps, postmarks) and signs with the names of government bodies, organizations, enterprises, institutions are drawn up not only in the state language of the Russian Federation, but also in the state languages of the republics and other languages of the peoples of the Russian Federation, determined by the legislation of the republics. In principle, a similar right is granted to other constituent entities of the Russian Federation. According to Part 3 of Art. 16 of the Law, in necessary cases, official paperwork in the constituent entities of the Russian Federation, along with the state language of the Russian Federation, the state languages of the republics, can be conducted in the languages of the peoples of the Russian Federation in the territories of their compact residence.
Identity documents of a citizen of the Russian Federation, civil records, work books, as well as education documents, military IDs and other documents can be issued along with the state languages of the Russian Federation in the state language of the republic (Part 4 of Article 16).
Legal proceedings and records management in courts of general jurisdiction located on the territory of the republics can be conducted both in the state language of the Russian Federation and in the state languages of the republics. The same applies to legal proceedings and paperwork before magistrates and other courts of the constituent entities of the Federation, as well as officework in law enforcement agencies of the constituent entities of the Russian Federation (parts 1 and 2 of Article 18). This rule also applies to the language of notarial office work.
The state languages of the republics, along with the Russian language, are used in the media in the fields of industry, transport and energy communications, in the service sector and commercial activities, etc.
As you can see, the Law on the Languages of the Peoples of the Russian Federation gives the languages of the republics a special status. They are used by the population of the republics, along with the Russian language, in almost all spheres of life of the peoples of these subjects of the Russian Federation.
The law also did not ignore the languages of other peoples who do not have their own national-state or national-territorial entities, but who live compactly on the territories of both republics and other subjects of the Russian Federation. In some cases, the Law grants them equal status with the state languages of the republics.
Of course, it is impossible to completely equate the state languages of the republics with the languages of peoples living compactly in the territories of other constituent entities of the Russian Federation, because these are different forms of self-determination of peoples and nationalities. The fact that the languages of peoples compactly living in the territories of other subjects are placed by the Law at another level of the hierarchical ladder of languages of the Russian Federation does not mean their discrimination. On the contrary, the Law contains a number of guarantees of equality of languages in the Russian Federation.
The equality of the languages of the peoples of the Russian Federation is protected by law. No one has the right to impose restrictions or privileges on the use of a particular language, except in cases provided for by law Russian Federation. There are many situations where, along with the state languages, other languages are used on an equal basis.
The law gives the republics the right to adopt their own laws, provided that they do not contradict federal law. Many republics took advantage of this and adopted their own laws that consolidate the status of the state language. In principle, in some they are devoted specifically to the status of the state language. Such laws were adopted, for example, in Mordovia, the Komi Republic, the Kabardino-Balkarian Republic, the Republic of Bashkortostan, the Republic of Kalmykia, etc.
It should be noted that not all republics have adopted special laws on languages (the Republic of Adygea, the Republic of Karelia, North Ossetia-Alania, etc.). I think that this is not the case urgent need, since the Constitution of the Russian Federation, the Law of the Russian Federation on the languages of the peoples of the Russian Federation and the constitutions of the republics regulate language problems in some detail. However, there are some problems of legislative regulation of the use of the state language of the Russian Federation, as well as the state languages of the republics. Among these problems, one of the most pressing is the problem of legislatively enshrining in the constitutions of some republics the requirement of language proficiency when occupying senior government positions in the republics. So, according to Art. 83 of the Constitution of the Republic of Bashkortostan, a citizen of the Republic of Bashkortostan who is at least 30 years old, has the right to vote and speaks the state languages of the Republic of Bashkortostan can be elected President of the Republic of Bashkortostan. The same provision is contained in the Constitutions of the Republic of Tatarstan, the Republic of North Ossetia-Alania, etc.
The requirement for presidential candidates in republics within the Russian Federation to know state languages is not a purely theoretical problem. In practice, during presidential elections in some republics, serious situations arose on this issue. For example, they did not register as a candidate for the position of President of the Republic of North Ossetia-Alania a person who did not speak the Ossetian language fluently, although he was Ossetian by nationality. Serious disagreements on this issue also arose in the Republic of Adygea during the elections of the President of the Republic in 1997. The Central Election Commission refused to register a candidate living in the city of Moscow and working there, due to ignorance of the second state language - the Adyghe language.
It should be noted that the requirement to know both state languages for a candidate for the post of president of the republic is assessed differently by representatives of the federal center and the republics, as well as by scientists of the republics and everyone else.
Representatives of the federal center recognize the provisions of the constitutions of the republics on the issue of knowledge of state languages by candidates for the post of president of the republic as contradicting the Constitution of the Russian Federation. In doing so, they usually refer to Art. 19, which guarantees equality of rights and freedoms of humans and citizens, regardless of gender, race, nationality, language, and other circumstances. In their opinion, restrictions on the rights of citizens, based, in particular, on linguistic affiliation, are prohibited.
Opponents of the requirement to know state languages also refer to Part 2 of Art. 32 of the Constitution of the Russian Federation, in accordance with which citizens of the Russian Federation have the right to elect and be elected to government bodies.
The provisions on knowledge of state languages by presidential candidates recorded in the constitutions of some republics were also recognized as unconstitutional by the Constitutional Court of the Russian Federation.
So, should a candidate for president of the republic speak both Russian and the state language of the titular nation? Apparently, it is impossible to give a definitive negative answer to this question. Neither the constitution nor federal laws prohibit additional requirements that must be presented to candidates applying for senior positions in the republics, as well as in other constituent entities of the Russian Federation. Those articles of the Constitution of the Russian Federation, which critics of the requirement to know both state languages refer to, do not actually contain any specific provisions against these requirements. The fact that the state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, as well as other circumstances, does not yet mean that we can draw specific conclusions about the inadmissibility of republics establishing a requirement for presidential candidates to know both state languages . If we think like this, then any restriction on passive suffrage can be considered a violation of the rights of citizens: for example, length of residence, age, etc. Requirements for knowledge of state languages are provided for by the constitutions of the republics, and they, as is known, are the basic laws of the republics. For example, no one in the United States of America disputes the constitutional provision that only a citizen by birth can be elected President of the United States, although technically it violates the principle of equal rights of citizens.
Opponents of the requirement to know state languages also refer to Part 2 of Art. 38 of the Constitution of the Russian Federation, according to which citizens of the Russian Federation have the right, in particular, to elect and be elected to government bodies. This right supposedly refers to the fundamental rights and freedoms of man and citizen, which, in accordance with the Constitution of Russia, are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice.
The Constitutional Court twice discussed this issue and came to the conclusion that the Constitutions and electoral law of the republics (Republic of Khakassia, Republic of Bashkortostan) cannot establish additional conditions for candidates for senior government positions. However, not all members of the Constitutional Court shared this opinion. Thus, in the Resolution of the Constitutional Court of the Russian Federation dated June 24, 1997 No. 9-P there is special opinion judge of the Constitutional Court of the Russian Federation N.V. Vitruk in the case of verifying the constitutionality of the provisions of Articles 74 (part one) and 90 of the Constitution of the Republic of Khakassia, which noted that passive suffrage (the right to be a candidate for deputy, a candidate for elected public office) differs from active suffrage, including in that that the constitution and electoral laws may establish additional conditions for candidates: knowledge of the state language, etc.
Based on the above, the following conclusions can be drawn:
- - the use of the term “state language” in relation to the languages of the titular nations of the republics within the Russian Federation is conditional, since the republics are not states in the classical sense of this concept; most likely, other terms should be used, for example, “official language”, “language of office work”, “working language”, etc.;
- - since all subjects of the Russian Federation, according to the Constitution of the Russian Federation, are equal in rights, equality should be achieved between the languages of the titular nations of all autonomous formations;
- - the presence of provisions on the state languages of the republics in the Constitution of the Russian Federation does not indicate the special status of the republics in the system of constituent entities of the Russian Federation;
- - The Law of the Russian Federation “On the Languages of the Russian Federation” does not contain provisions on the difference between the languages of the titular nation of the republics and the languages of the titular nations of other national-state entities.
Notes
- 1. Commentary on the law on the languages of the peoples of the Russian Federation / ed. A.S. Pigolkina. - M., 1993. P. 8.
- 2. Vasilyeva L.N. On the issue of legal regulation of the use of state law // Journal of Russian Law. 2002. - P. 10, 29.
1. The state language of the Russian Federation throughout its entire territory is Russian.
2. Republics have the right to establish their own official languages. In government bodies, local government bodies, and government institutions of the republics, they are used along with the state language of the Russian Federation.
3. The Russian Federation guarantees all its peoples the right to preserve their native language and create conditions for its study and development.
Commentary on Article 68 of the Constitution of the Russian Federation
1. Part 1 of the commented article establishes the state language of the Russian Federation - the Russian language. Such norms are quite typical for multinational states, although the state language is mentioned in the constitutions of most countries * (751). Linguistic relations constitute the natural basis social contacts and information processes. The state language, used by citizens everywhere, is designed to fulfill the consolidating role of the country's population and ensure its integrity.
Analysis foreign experience legal regulation the use of languages shows that in some of them the concept of “official language” is used, moreover, as synonymous with the concept of “state language” (for example, in India). Although UNESCO experts back in the 1950s proposed to distinguish between these concepts, assigning to the state language the status of a symbol of the state performing an integration function, and to the official language the status of the language of legislation, public administration, and legal proceedings * (752). The Model Law on Languages, adopted in 2004 by the Interparliamentary Assembly of the CIS Member States, defines the state language as a language mandatory for use in political, economic, social, cultural and other official spheres, and the official language as a language legally established for use in official spheres along with the state * (753). This is precisely the approach chosen by the Constitution of the Kyrgyz Republic (Article 5), which recognizes the state language Kyrgyz language, and the official language is Russian.
Choosing an official language in multi-ethnic countries is not an easy task. The decision that the language of one group is recognized as the state language can cause conflicts of a national nature. Therefore, in some of them several languages are official (for example, in India, Ireland, Canada, Switzerland).
The Russian language, due to historical and cultural traditions, plays an important role in the consolidation, unity and cultural development of the peoples of the Russian Federation. According to the 2002 All-Russian Population Census, 98.2% of the total population of Russia speaks Russian.
The status of the Russian language as the state language of Russia is regulated by Federal Law dated 01.06.2005 N 53-FZ “On the state language of the Russian Federation”. In order to ensure the effective functioning of state institutions, the legislator has established areas of official language communication, where the mandatory use of only the state language of the Russian Federation is established:
In the activities of state bodies (both the Russian Federation and its constituent entities), local government bodies, organizations of all forms of ownership, including in the activities of record keeping * (754);
During the preparation and conduct of elections and referendums;
In constitutional, civil, criminal, administrative proceedings, legal proceedings in arbitration courts, office work in federal courts, legal proceedings and office work before justices of the peace and in other courts of the constituent entities of the Russian Federation;
When writing names of geographical objects, applying inscriptions to road signs;
When preparing identity documents of a citizen of the Russian Federation, certificates of state registration of acts of civil status, documents on education, addresses of senders and recipients of telegrams and postal items sent within the Russian Federation, postal money transfers;
In the activities of television and radio broadcasting organizations, editorial offices of periodicals, with the exception of the activities of organizations specially established to carry out activities in other languages of the peoples of the Russian Federation or foreign languages;
In advertising and other areas specified by federal laws. Ensuring the right of citizens of the Russian Federation to use the state language of Russia involves, first of all, receiving education in Russian in state and municipal educational institutions. Therefore, in all educational institutions with state accreditation, with the exception of preschools, the study of the Russian language as the state language of the Russian Federation is regulated by state educational standards (Article 6 of the Education Law).
The legislator especially emphasizes that the mandatory use of the state language should not be interpreted as a denial or derogation of the right to use the state languages of the republics that are part of the Russian Federation and the languages of the peoples of the Russian Federation. Therefore, persons, including citizens, who do not speak Russian have the right to use another language. When protecting and realizing their rights and legitimate interests in cases established by law, they should be provided with the services of translators * (755).
The protection of the Russian language as the state language is intended to be ensured by legislative prohibitions on the use of words and expressions that do not correspond to the norms of modern Russian literary language, with the exception of foreign words that have no commonly used analogues in the Russian language. The procedure for approving the norms of the modern Russian literary language when it is used as the state language, the rules of Russian spelling and punctuation, is determined by the Government of the Russian Federation.
2. Part 2 of the commented article allows the republics within the Russian Federation to establish their state languages along with the state language of the Russian Federation. The Constitution indicates two important circumstances. Firstly, only republics have the right to establish state languages. This is one of the features of their constitutional legal status, different from the status of other subjects of the Russian Federation. In the practice of regional lawmaking, there have been cases of establishing state languages by autonomous okrugs * (756). And secondly, the state languages of the republics should be used in government bodies, local governments, and government institutions along with the state language of the Russian Federation - Russian.
Republics use the right granted to them by enshrining state languages in their constitutions. At the same time, the official languages are recognized as the Russian language and the language of the ethnic group that gave its name to the subject of the Russian Federation, which does not always reflect its numerical superiority over other ethnic groups inhabiting the subject of the Russian Federation (for example, according to the 2002 All-Russian Population Census in the Republic of Bashkortostan, Bashkirs make up 29.7%, and Tatars - 24.1%, while Bashkir language speaks 25.8% of the population, and Tatar - 34%). The only republic that has not established an additional state language is the Republic of Karelia, in which Karelians make up less than 10% of the population. The recognition of the Russian language by the republics as their state language seems very controversial, since it has state status at the federal level and confirmation of this status in part of the territory of the Russian Federation is not required.
The status of the state language of the republic is regulated by the Law on the Languages of the Peoples of the Russian Federation and the relevant laws of the republics * (757). In the state language in the republic legal proceedings and paperwork can be conducted by magistrates and in other courts of the constituent entities of the Russian Federation, as well as paperwork in law enforcement agencies of the constituent entities of the Russian Federation. The state language of the republics can be used in the media of the constituent entities of the Federation, along with the state language of Russia - when drawing up documents certifying the identity of a citizen of the Russian Federation, civil records, work records, as well as education documents, military IDs and other documents.
Thus, in accordance with the Regulations on the Passport of a Citizen of the Russian Federation, approved by Decree of the Government of the Russian Federation dated 07/08/1997 N 828 (as amended on 01/05/2001), inserts with an image can be made for passport forms intended for registration in the republics state emblem republic and providing for the entry in the state language (languages) of this republic of information about the identity of the citizen. The shape of the insert is established by the executive authorities of the republics and the Ministry of Internal Affairs of Russia in agreement with the Heraldic Council under the President of the Russian Federation.
The introduction by the republics of state languages on their territory imposes obligations on the authorities of these subjects of the Federation to cover the costs associated with their use and study. For example, in the state languages of the republics, in addition to the Russian version, the texts of official acts, election ballots are printed, official paperwork is conducted in two languages, the texts of documents, forms, seals, stamps, postmarks and signs with the names of government bodies and organizations, etc. require double registration. . Those wishing to master the state language of the republic must be guaranteed training in this language to the required level.
Bilingual presentation of official acts requires compliance with the authenticity (authenticity) of their texts. This problem is also typical for foreign countries, which established several official languages (Canada, India). However, for example, in India, when deciding on the authenticity of the text of a legal act, the English text has priority over the Hindi text. This problem in the Russian Federation requires its legislative resolution, given that texts in the second state language are of an official nature and have the same legal force as Russian-language texts * (758).
Providing the opportunity for republics to establish their own state languages presupposes that state and municipal employees * (759), employees of government bodies and organizations will be proficient in them equally as in Russian. Therefore, in order to ensure the use of their state languages on the territory of the republics in all areas of official relations, legislators of the constituent entities of the Russian Federation have the right - within the meaning of Art. 68 of the Constitution in conjunction with its art. 43 and in accordance with federal legislation - to provide for its study when receiving basic general education, including in educational institutions with Russian as the language of instruction that have state accreditation, by persons, regardless of whether this language is their native language or not.
At the same time, however, regulation of the status of the state language of the republic, its protection and development, study (teaching) within the framework of basic general education as compulsory academic discipline must be carried out without prejudice to the functioning and study of the Russian language as the state language of the Russian Federation in accordance with general federal state standards, taking into account the fact that, unlike the Russian language, the state language of the republic is not an official language in the territories of other subjects of the Federation. The study of the state language of the republics cannot be carried out to the detriment of the federal component of the federal basic curriculum and model curricula for general education institutions of the Russian Federation and impede the realization of the students’ right to in-depth study of other subjects of the curriculum, including the Russian language, elective disciplines, etc. Otherwise, there would be a possibility of violating the principles of equality of rights and freedoms of man and citizen guaranteed by the Constitution and the bearing by citizens of Russia of equal responsibilities throughout its territory, including in relation to the implementation of the right to education and linguistic rights and freedoms (Part 2 of Article 6, Part 2 of Article 19, Articles 43 and 68), and also the restriction of the enshrined Part 1 of Art. 27 of the Constitution the right to freedom of movement and choice of place of stay and residence.
This legal position was set out by the Constitutional Court in Resolution No. 16-P dated November 16, 2004 “In the case of verifying the constitutionality of the provisions of paragraph 2 of Article 10 of the Law of the Republic of Tatarstan “On the Languages of the Peoples of the Republic of Tatarstan”, part two of Article 9 of the Law of the Republic of Tatarstan “On State Languages” of the Republic of Tatarstan and other languages in the Republic of Tatarstan", paragraph 2 of Article 6 of the Law of the Republic of Tatarstan "On Education" and paragraph 6 of Article 3 of the Law of the Russian Federation "On the languages of the peoples of the Russian Federation" in connection with the complaint of citizen S. I. Khapugin and requests from the State Council of the Republic of Tatarstan and the Supreme Court of the Republic of Tatarstan"*(760).
However, the use of the state language of the republics as mandatory for communication in the official sphere should not be absolute. In a number of subjects of the Federation, for example, knowledge of the state language of a subject of the Russian Federation was one of the conditions for election to the post of president of the republic (Adygea, Bashkortostan, Buryatia, Sakha (Yakutia), Tyva). The Constitutional Court of the Russian Federation in Resolution No. 12-P dated April 27, 1998 “On the case of verifying the constitutionality of certain provisions of part one of Article 92 of the Constitution of the Republic of Bashkortostan, part one of Article 3 of the Law of the Republic of Bashkortostan “On the President of the Republic of Bashkortostan” (as amended on August 28, 1997 ) and Articles 1 and 7 of the Law of the Republic of Bashkortostan “On the Election of the President of the Republic of Bashkortostan” * (761) indicated that neither the obligation of republics to establish state languages nor the need for special requirements for knowledge of these languages follows from the constitutional provisions on the right of republics to establish their state languages as a condition for acquiring passive voting rights, including in the election of the highest official of the republic. In the Determination of November 13, 2001 N 260-O “At the request of the State Council - Khase of the Republic of Adygea to confirm the constitutionality of the provision of paragraph 1 of Article 76 of the Constitution of the Republic of Adygea" * (762) The Constitutional Court strengthened its position by finding that even if the necessary form of regulation was observed (federal law), this restriction would be disproportionate to the constitutionally significant goals enshrined in Part 3 of Art. 55 of the Constitution.
As practice has shown, regulation of the use of the state languages of the republics is a rather multifaceted problem. It turned out to be very topical issue establishing the graphic basis of the language. The use of a language as a state language in various spheres of state activity and in official relations presupposes its existence not only in verbal (oral) form, but also in written form. Therefore, the graphic basis of the alphabet is mandatory and an important component legal status of the state language.
There are a variety of forms of writing in the world: hieroglyphic (China, Japan), Arabic script (Saudi Arabia, Kuwait), Latin (most European countries, states of the American continents), Cyrillic (Russia, Bulgaria), etc.
In Russia, this was not the subject of legislative regulation, but in 1999 the Law of the Republic of Tatarstan “On the restoration of the Tatar alphabet based on the Latin script” was adopted (writing in the Republic of Tatarstan has changed several times, last decades Cyrillic alphabet is used). Changes made to the Law on the Languages of Peoples of the Russian Federation in 2002 regulate the graphic basis of the state languages of the Russian Federation and its constituent entities: such languages are based on the Cyrillic alphabet. The constitutionality of the actions of the federal legislator to establish a unified graphic basis for the state languages was subsequently confirmed by the Constitutional Court of the Russian Federation in the said Resolution No. 16-P of November 16, 2004.
The unity of the graphic basis of the language follows from the constitutional requirements of the unity of the state, its economic and legal space. The general graphics in this case are of great importance, including for the economic and cultural relations of various ethnic groups - subjects of the Federation. Such a legislative solution currently ensures - in the interests of preserving state unity - the harmonization and balanced functioning of the common federal language and the state languages of the republics, is aimed at achieving their optimal interaction within the framework of a common linguistic space and does not interfere with the exercise by citizens of Russia of rights and freedoms in the linguistic sphere, in including the right to use their native language. As is known, in China they believe that the unity of the state was formed and strengthened to a large extent thanks to a single (hieroglyphic) writing system, as a result of which people and ethnic groups with different pronunciations found a common language when denoting certain phenomena.
At the same time, the federal legislator did not exclude the possibility of changing the graphic basis of the alphabets of the state languages of the republics, which they used at the time of the adoption of the Constitution. At the same time, he does not have the right to act arbitrarily, at his own discretion - such a change is permissible if only it pursues constitutionally significant goals and meets historical, cultural, social and political realities, as well as the interests of the multinational people of Russia.
3. Considering the multinational composition of the Russian Federation, numbering more than 180 peoples and their members ethnic groups, Part 3 of the article in question establishes the right of all its peoples to preserve their own languages and guarantees the creation of conditions for their study and development. Without this, personal self-identification is impossible.
This approach is consistent with international legal norms. According to the International Covenant on Civil and Political Rights, in countries where linguistic minorities exist, persons belonging to such minorities cannot be denied the right, in community with other members of the same group, to use their own language (Article 27). According to the 1990 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, persons belonging to national minorities have the right to freely express, preserve and develop their linguistic identity and to maintain and develop their culture in all its aspects, without being subject to any attempts at assimilation against your will. In particular, they have the right to freely use their mother tongue in private and public life, to disseminate, access and exchange information in their mother tongue. States will endeavor to ensure that persons belonging to national minorities, whether or not required to learn an official language or official languages of the State concerned, have adequate facilities for teaching their mother tongue or in their mother tongue and, where possible and necessary, for its use in public administration, in accordance with applicable national legislation.
Parties to the European Charter for Regional or Minority Languages undertake to eliminate, if they have not already done so, any unjustified distinctions, exceptions, restrictions or concessions relating to the use of a regional or minority language and intended to inhibit or jeopardize its maintenance or development. However, the parties agreed that the adoption of special measures in relation to regional or minority languages in order to promote the achievement of equality between users of these languages and the rest of the population, or which take due account of their characteristics, is not considered as an activity aimed at discrimination in in relation to people who use more widely spoken languages. States undertake to promote, through appropriate measures, mutual understanding between the linguistic groups of the country, in particular to include respect, understanding and tolerance of regional or minority languages among the objectives of education and training in their countries and to encourage the media in achieving the same goal.
These issues are also regulated in the constitutions of foreign countries. Thus, the Spanish Constitution establishes that “the wealth of languages and the diversity of dialects of Spain is part of its cultural heritage and enjoys special respect and protection" from the state (clause 3 of article 3). The Swiss Constitution requires taking into account the cultural and linguistic diversity of the country (clause 3 of article 69) and encouraging mutual understanding and exchange between linguistic communities (clause 3 of art. 70).
The language problem is very relevant for a number of states. Thus, in New Zealand in 1987, the Maori Language Act was adopted, which gave it the status of a second state language. In 1993, the UK passed the Welsh Language Act, which regulates its use in Wales. The 2005 Spanish Law on the Extension of the Autonomy of Catalonia includes measures to protect the Aranese language used by the inhabitants of the Arana Valley. These acts significantly eased tension in interethnic relations and undoubtedly strengthened state power as a whole.
The Law on the Languages of the Peoples of the Russian Federation is aimed at creating conditions for the preservation and equal and original development of the languages of the peoples inhabiting the Russian Federation, which proclaims and guarantees equal rights and means of protecting languages (social, economic, legal), provides for the development and financing of relevant federal and regional targeted programs, the opportunity to create your own written language, the creation of conditions for education, learning and creativity in your native language, circulation in it in government bodies, participation in court, etc. (see commentary to Part 2 of Article 26). The rights of citizens to use their native language are also regulated by other legislative acts, primarily such as: The Law on Education, which determines the conditions for receiving education in their native language; Fundamentals of the legislation of the Russian Federation on culture, relating languages, dialects and dialects to the field of folk culture; establishing the right of national cultural centers, societies and communities to create national clubs, studios and libraries for the study of the national language; Civil Procedure Code, Code of Criminal Procedure, Arbitration Procedure Code, regulating the use of the native language in court.
One of the laws that regulates in more detail the mechanisms for citizens to exercise their linguistic rights is Federal Law No. 74-FZ of June 17, 1996 “On National-Cultural Autonomy” (as amended on December 1, 2007). In particular, in order to ensure the possibility of receiving basic general education in the national language and choosing the language of education and training, national-cultural autonomies have the rights: to form non-state (public) preschool institutions or groups in such institutions with education in the national (native) language; create non-state (public) educational institutions (general education, primary, secondary and higher vocational education) with instruction in the national (native) language.
In interaction with state and municipal bodies, national-cultural autonomies have the right to: develop with the participation of educational institutions learning programs, publish textbooks, teaching aids, and other educational literature necessary to ensure the right to receive education in the national language; make proposals to executive authorities and local governments on the creation of classes and study groups in educational institutions with instruction in the national language; participate in the development of government educational standards, and sample programs for state and municipal educational institutions with instruction in the national (native) language and other languages; organize training and retraining of teaching and other personnel for non-state (public) educational institutions; conclude agreements with non-governmental organizations outside the Russian Federation on creating conditions for the realization of the right to receive education in the national (native) language and other rights * (763).