Ethno-Regional Independence and Autonomy as Ways to Exercise the Right to Self-Determination

Abstract

The paper attempts to demonstrate (on the basis of international and national experience) that it is the federal structure that contributes to the successful resolution of the ethnical issue, the convergence of numerous ethnic groups on the basis of comprehensive understanding of their historical, socio-economic, cultural-linguistic and spiritual-religious features. Based on the study of best practices of institutional and management structures’ activities of federal states, the analysis of scientific works of domestic and foreign authors, a number of reports of the Venice Commission, the author concludes that there is no single model of federalism; each state has its own characteristics due to pecularities of historical and modern stages of development. In this regard, there can be no single, unified approach to resolving issues of self-determination of the peoples of constituent entities of the federation.The author pays special attention to Prof. Oleg Е. Кутафafin ideas devoted to the problems of federalism and the Russian statehood.The paper substantiates the statement concerning the need, in the conditions of the asymmetry of the federal structure of Russia, to pay attention to the proportional development of the regions while unconditionally maintaining the unity and integrity of the country. According to the author, the essence of the modern correct interpretation of the right to self-determination lies in the fact that each territorial community creates such a model for the development of its economic and socio-cultural life, such a management system that would comply with the democratically expressed will of the majority of the population, would meet its needs, guarantee individual human rights and would not contradict the general interests of the state. This is the only approach that can ensure implementation of the interests of ethnic, religious and other groups claiming self-determination within the mother state.The main factors of exercising the right to self-determination are described depending on the number of relevant ethnic groups, the compactness of their location, the level of socio-economic and cultural development, national self-identification and spirituality. At the same time, based on the principle of the state sovereignty that constitutes the foundation of modern international law, it is the prerogative of a State to resolve problems of the internal structure, to grant autonomous status to territorial units.