Obligation to know the state language: analysis of legal regulation based on current legislation and decisions of the Constitutional Court of Ukraine

Abstract

The scientific article states that the state language is an important component of national identity and the issue of ensuring the protection and development of the state language in the context of globalization and the diversity of linguistic communities is an important aspect of ensuring the equality of all citizens, regardless of their linguistic and ethnic origin.
 The author points out that a significant role in the process of ensuring the possession and development of the state language, as a basis for full participation of citizens in the life of the country, effective communication in the public and political spheres, is played by the obligation to master the state language. It is proposed to define such an obligation as a type of legal obligation, the established necessity of the behavior of a person and a citizen, which is guaranteed and provided by the state in the interests of the person himself and other persons, society, the state within the limits and order provided by the legislation of Ukraine for the purpose of protecting the Ukrainian language and preservation of national identity.
 The article emphasizes that non-fulfillment or improper fulfillment of the obligation to speak the state language can entail a number of negative consequences both for a specific person and for society as a whole, namely: a) violation of constitutional guarantees of human rights; b) violation of principles of equality and non­discrimination between citizens of Ukraine; c) violation of the principle of linguistic unity and the emergence of inter-ethnic conflicts; d) failure to preserve cultural and national heritage; e) a decrease in the level of trust of citizens in power structures and the system of government bodies as a whole, etc.
 It is proposed in Chapter II of the Constitution of Ukraine to strengthen the provisions of Art. 10 of the Basic Law of Ukraine and in order to implement the relevant decisions of the Constitutional Court of Ukraine to include the duty of a citizen of Ukraine to know and master the state language, which will act as a guarantee of the protection of the Ukrainian language as the state language, ensure its priority use in society and state institutions, and serve to support and affirm linguistic unity and preserving the national identity of society.