Abstract
The purpose of the paper is to justify the need to make amendments to the Criminal Code of the Russian Federation, i.e. providing for exempting those individuals from criminal liability, who have committed acts, set forth formally, sustaining their traditional lifestyle in the North. The paper summarizes key issues of rights protection of indigenous minor peoples of the North (Khanty or Mansi), who sustain a traditional lifestyle, dealing with exploitation of ancestral lands: hunting, fishing, use of other resources. In the Khanty-Mansi Autonomous Okrug, it is very common when individuals are being prosecuted for illegal felling (Article 260, Criminal Code of the Russian Federation), as well as for illegal acquisition, transfer, sale, possession, transportation or carrying of explosives or explosive devices (Article 222.1, Criminal Code of RF). However, using these lands make it possible for the general public to do so too, and it is not only for relatives or friends of the owner of ancestral lands. Following the casework, it has been found that in a significant number of cases the investigation fails to establish either the direct ownership of items limited in circulation (gunpowder, ammunition) or specific individuals who carried out the felling in a particular place. Such being the case, the legal owner of the land or its part is held liable. This new law will protect the indigenous peoples of the North from inconsistent criminal repression and preserve their cultural practices.
Highlights
Unifying trends of modern globalization make a serious impact on a lifestyle and ethnic identity of the indigenous minorities of the North
Article 14 of the Federal law dated 30.04.1999 No 82-FZ "On rights guarantees for indigenous peoples of the Russian Federation" states that "individuals belonging to minority peoples, as well as associations of those peoples have the right to legal protection of their native habitat, traditional lifestyle, economic activities and crafts of minority peoples, enforced in the manner prescribed by Federal laws
The role of the Institute of advocacy remains high, which in accordance with the legislation of the constituent entities of the Russian Federation provides these categories with free legal assistance at the expense of public funds
Summary
This identity blurs over time, transforms, experiences aggressive influence of modern industrial civilization, that prevails and erases features of the traditional lifestyle of the Northern peoples. In the Khanty-Mansi Autonomous Okrug, it is very common when individuals are being prosecuted for illegal felling (Article 260, Criminal Code of the Russian Federation), as well as for illegal acquisition, transfer, sale, possession, transportation or carrying of explosives or explosive devices (Article 222.1, Criminal Code of RF) It is not uncommon when individuals sustaining traditional lifestyle are being prosecuted under these articles at a time. In 2014, authorities brought criminal cases against 275 indigenous individuals, having sentenced 124 of those to actual imprisonment; in 2015, 267 indigenous individuals were prosecuted, with 114 ones imprisoned
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