Principles and norms of law in the constitutional and legal mechanism of ensuring the right to education of children – representatives of indigenous peoples of Ukraine

Abstract

The article focuses attention on the fact that the principles and norms of law are one of the effective components of the constitutional and legal mechanism of ensuring the right to education of children - representatives of indigenous peoples of Ukraine. Attention is focused on the quality of legal norms as a necessary condition for the effectiveness of the constitutional and legal mechanism of ensuring the right to education of children - representatives of indigenous peoples of Ukraine. It has been established that due to the principle of equality and self-determination of peoples enshrined in the UN Charter, the indigenous peoples of Ukraine - Krymchaks, Karaites, Crimean Tatars - are the people of Ukraine, its component; indigenous peoples of Ukraine have the right to carry out their cultural and social development; the right to education of children - representatives of the indigenous peoples of Ukraine - is a guarantee of the realization of the right to cultural and social development of the indigenous peoples of Ukraine and the subjective rights of each child a representative of the indigenous people of Ukraine; the right to self-determination belongs to the Ukrainian people, the indigenous peoples of Ukraine are its component, not a separate and isolated component, but a component that is inseparable from the people of Ukraine; every state of the world must respect the right of the Ukrainian people and its integral component - the indigenous peoples of Ukraine - to realize their economic, social and cultural development. The principles of the state's internal policy in the sphere of education of children - representatives of indigenous peoples of Ukraine are singled out: 1) the principle of state care; 2) the principle of responsibility (paternalism) of the state; 3) the principle of partnership between the state and indigenous peoples. The analysis of the above­mentioned international act made it possible to establish the role of these principles in the formation (planning) and implementation of state policy in the sphere of education of children - representatives of indigenous peoples of Ukraine: the principle of state care and the principle of responsibility (paternalism) of implementation should be combined with the principle of partnership between the state and indigenous peoples. The purpose of the state's activity - it consists in maximally ensuring respect, preservation and development of the identity of the indigenous peoples of Ukraine. The toolkit used for this can also be identified based on the analysis of the Convention of the International Labor Organization on indigenous peoples and peoples leading a tribal way of life in independent countries: 1) correlation of the duties of the state and the rights of the indigenous peoples of Ukraine; 2) stimulation of such an entity as the state by such an entity as the international community to establish partnership forms of interaction with the indigenous peoples of Ukraine; 3) the use of treaties by the international community to stimulate the establishment of partnership forms of interaction with the indigenous peoples of Ukraine; 4) application by the international community of forcing the state to establish partnership forms of interaction with the indigenous peoples of Ukraine in the event that the state violates the rights of the indigenous peoples of Ukraine, or does not establish partnership forms of interaction.