Implementation of the principle of equal rights and self-determination of the peoples in the Republic of Crimea and Sevastopol

Abstract

The article gives a legal evaluation of the mechanism of realization of the constitutional principle of equal rights and self-determination of the peoples in the newly adopted constituent entities of the Russian Federation - the Republic of Crimea and Sevastopol - the city of Federal Significance. The principle of equal rights and self-determination of peoples is understood in two ways: as political and cultural self-determination. The content of political self-determination amounts to the right of peoples to choose the form of their national statehood. The author concludes that the realization of this right is possible only within the Russian Federation. In the framework of the existing constitutional regulation this right can be implemented by the peoples inhabiting the Republic of Crimea and Sevastopol in several ways: by means of territorial separation of a any compactly living people and creating a separate constituent entity of the Russian Federation; by means of using the possibility to change the status of a constituent entity of the Russian Federation; by means of changing the name of the constituent entity of the Russian Federation; by means of combining two or more bordering constituent entities of the Russian Federation and the formation of a new constituent entity of the Russian Federation; by changing the borders between constituent entities of the Federation. The article analyses the mechanisms of realization of the right to cultural self-determination of peoples inhabiting the newly formed entities of the Russian Federation, the content of which is the right to maintain and develop their culture and language, traditions and customs. Particular attention is paid to the problem of cultural self-determination of the Crimean Tatars. Given the political activity of the Crimean Tatar ethnos, the article draws a conclusion that the regulation of inter-ethnic relations at the constitutional level in the Republic of Crimea requires a larger number of rules-guarantees in respect of its representatives. From the author's point of view, it is necessary to adopt a special law of the Republic of Crimea on the status of the Crimean Tatars. Also, the legal regulation in the sphere of circulation of the official languages of the Republic of Crimea, in particular the status of the Tatar language, remains insufficient. The author suggests other ways of addressing the issue of Crimean Tatars. The solution to the problem of their political selfdetermination is possible by means of reforming electoral systems. At the local government level, according to the author, the experience of constituent entities of the Russian Federation in the establishment of administrative-territorial units with special status can be employed.