Rights Of National Minorities Research Articles

Сучасні глобальні проблеми етнонаціональної політики України: на прикладі правового регулювання статусу національних меншин

The article is devoted to the analysis of the problems of ethno-national policy in modern conditions of the development of statehood and points to the prospects of improving the legislation in the context of ensuring the proper legal status of national minorities. The article examines the main problems in the field of ethno-national policy of Ukraine and legal regulation of the status of national minorities. The author emphasizes the absence of a single strategy for the development of ethno-national relations, which leads to fragmented legislation. The implementation of a comprehensive normative act could determine the direction of the development of statehood and form the ideological basis for future normative acts regarding the status of national minorities, indigenous peoples, and other ethnic groups. It is also emphasized that the issues of national minorities were often ignored in national law, and the legislative framework regarding indigenous peoples and the protection of the status of national minorities was formed mainly as a reaction to external circumstances, such as the occupation of the Crimean peninsula. Gaps in legislation make it difficult to ensure the rights of national minorities, in particular, due to the lack of up-to-date statistical data, since the all-Ukrainian population census was conducted only once in 2001. The author draws attention to the low level of tolerance in Ukrainian society, which is demonstrated by a survey conducted in 2022–2024. Respondents often do not consider their actions illegal or discriminatory towards Roma, but do not wish to have themin their environment. This indicates a lack of education regarding national characteristics as a factor of discrimination and a lack of attention on the part of the state to issues of language moderation and protection of the rights of national minorities. The lack of an effective policy of integration of national minorities is another significant problem. The legislator often considers national minorities as a group of citizens of a different ethnic origin living in Ukraine traditionally, which is a wrong approach. In order to improve ethno-national politics, it is necessary to solve problems in related areas, such as education, political rights, participation in local selfgovernment and the fight against hate speech.

Public governance in national minority rights protection

The article is devoted to the analysis of public administration in the field of national minorities rights protection. The author analyzes the system of authorities aimed at protecting the national minorities interests and nationalities in Ukraine. The Committee on Nationalities under the Cabinet of Ministers of Ukraine was the first ukrainian central state body of the executive power, entrusted with the functions of ensuring ethno-national policy and protecting the national minorities interests. It is emphasized that the structure of public authorities protecting the rights of national minorities was not limited exclusively to the activities of the specialized central executive body. The positions of Advisor to President on ethno-national problems of Crimea and Advisor to President on the affairs of the Ukrainian diaspora were introduced. At the regional (oblast) level, the Republican Committee for Nationalities and Deported Citizens of the Autonomous Republic of Crimea operates, as well as the relevant subdivisions at the local level – nationalities and migration departments of regional state administrations. The situation changed with the switch of the state policy vector from pro-Russian to pro-European. This was not least due to the recommendations of the OSCE and the need to converge with the acquis communautaire of the European Union. National minorities rights protection has been in focus since the independence of Ukraine. Establishing and functioning of the relevant Ministry (Committee) on National Minorities is a direct confirmation of this thesis. This issue was always in focus of the Ukrainian governments besides the period of the rule of the pro-Russian government (2010-2014), when most of the state institutions for the protection of national minorities were liquidated. This fact determined the revolutionary events of the Euromaidan (2014) to some extent. As of today, Ukraine fulfills its obligations regarding the protection of the national minorities rights. The current central authority (State Service of Ukraine for Ethnic Policy and Freedom of Conscience, DESS) was formed in accordance with the recommendations of the OSCE and taking into account the experience of the EU member-states. Its status is lower in the executive power hierarchy. However, its scope of competence and its actual activity best serves the interests of the national minorities.

GENERAL ASPECTS REGARDING THE PROTECTION OF NATIONAL MINORITIES WITHIN THE INTERNATIONAL LEGAL ORDER AND THE CONSTITUTIONAL SYSTEM FROM ROMANIA

The protection of the rights of national minorities has always been a topic of interest at the international level, but more importantly at the national level, still remaining a topical subject in the contemporary legal landscape. Made out of the need to contribute to the continuous promotion of the protection of the rights of national minorities, through the correct understanding of the legal nature and content of the rights specific to this category of persons, present work, structured in three sections, offers the opportunity to respond to concerns in the field of human rights protection, in general, and the protection of the rights of national minorities at the international level and at the level of the Romanian constitutional system, in particular.

When ethnicity is “national”: mapping ethnic minorities in Europe’s framework convention for the protection of national minorities

ABSTRACT Legal and policy categorizations of group belonging play an important role in analysing lived experiences of discrimination, since the scope of minority protection requires individuals to prove their belonging to a minority group. This article maps the existing classifiers of minority identification as they are used in the Framework Convention for the Protection of National Minorities, Europe’s most comprehensive treaty designed to protect the rights of national minorities. I engage with the concept of ethnicity as a “knot of distinction”, looking at which minorities qualify as “national” in different countries. When is ethnicity used as a proxy for religion, when for race, and when for language? What categories are omitted? By inductively analysing the rationales presented by different EU countries of which minorities are “national”, and based on which grounds, this article reveals a messy, historically and politically driven picture, but one that can help us understand some regional patterns.

Causes and consequences of local antı-terrorısm measures ın the Karabakh economıc zone of Azerbaıjan

Purpose: is to analyze the causes of asymmetry between criminal ethnic demands and national state interests, the potential of internationalization and effective preventive measures.
 Method: In this research work, the author preferred two methods: structural-functional and processual-dynamic. The structural-functional method clarifies the main elements of interaction in conflict conditions and the specific roles of each of them. Components related to the conflict: subject, causes, stages, participants, regulation, etc. of the conflict. constitutes the structure of the conflict. The role of those structural elements is considered their function.
 Findings: The fight against dangerous and infectious diseases such as ethnic-separatism is considered to be a very effective way both from the point of view of security and from the point of view of not deepening the crisis of the international legal institution.
 Theoretical implications: Ethno-separatism has become the object of big geopolitical games and mercantilist interests of organized criminal groups in the modern world. It is impossible to treat it as an internal problem of the state. The trend of ethnic-separatism becoming a hybridized threat is taking shape.
 Practical implications: Practitioners should conclude from this article that dual approaches to the dangerous consequences of ethno-separatism such as secession, dangerous chaotic scenarios in polyethnic regions and military interventions under the rights of national minorities are inadmissible. Ethno-separatism cannot promote the principle of indivisibility of security.
 Value: The main innovation in this article is to reveal the association of Armenian ethnic-separatism with destructive and dangerous military-political plans that are against international law. It is justified that the one-day local anti-terrorist measures carried out by Azerbaijan serve to strengthen national sovereignty and international law, to cleanse the region of criminal elements and to ensure the security of international oil and gas projects connecting the South Caucasus with Europe.
 Research limitations: One-day local anti-terror measures against Armenian ethnic-separatism within the framework of international laws can be a retrospective scenario or regulation model for long-term unresolved conflicts in poly-ethnic regions.
 Paper type: theoretical.

Comparative legal analysis of language use regulation in Ukraine and European countries

The article analyses the functioning of the State language in the public authorities and local self-government bodies of Ukraine, pays attention to the ensuring by the Constitutional Court, the Supreme Court, local and appellate courts of the rights of a person who does not know the State language or speaks sign language, considers the implementation of functions by civil servants to ensure fundamental human rights and freedoms, and also examines the issue of observance of the fundamental language rights of national minorities in Ukraine, in particular in the territory of the Autonomous Republic of Crimea, for review. A comparative analysis of the functioning of state languages in European countries was also carried out. The author examines the use of the state language when submitting appeals, emphasising that from now on, the Law of Ukraine «On Administrative Procedure» is the legal act regulating the language of citizens’ appeals, according to which a person may submit the necessary documents for the proceedings in the state or another language, but in this case, the person is obliged to translate the appeal into Ukrainian. Cases of conflicts between the old and new legislation in the field of filing appeals are identified. The author analyses the regulatory and legal ways to ensure the implementation of functions in such public spheres as education, science, culture, sports, labour relations, television and radio broadcasting, print media, book publishing and distribution, advertising, healthcare, office work, and document management.
 The author focuses on the legal framework of the European Charter for Regional or Minority Languages in terms of protection of the rights of national and ethnic minorities. The author examines the issues of language policy in different countries, in particular in Spain, Switzerland and France, and in the context of protection of the rights of national and ethnic minorities, and concludes that the trend in most European countries is to try to balance the protection of minority rights and preserve linguistic diversity in the context of each country. The author emphasises that the State language plays a crucial role in the formation of the nation and the functioning of the State, primarily through its communicative, identification, ethnic and other functions.

Конституционно-правовые основы и проблемы языковой политики Российской Федерации в отношении национальных меньшинств

The article examines the problems associated with the peculiarities and problems of the language policy of the Russian Federation in relation to national minorities. Currently, Russia's language policy is acquiring particular significance in connection with the military-political situation, as well as taking into account the fact that the “language issue” is again reaching the level of political confrontation. The purpose of this article is to understand language policy as a reflection of the fundamental rights of national minorities from the point of view of interaction between the state Russian language and the national languages of the peoples of Russia.

S.N. Maksudi and Russian Masons at the beginning of the XX century

The article investigates little-known facts in the life of the famous Tatar and Turkish public figure S.N. Maksudi – a turkologist, an educator, a deputy of the State Duma of the Russian Empire and the Majlis of the Turkish Republic at different periods of his life. At the beginning of the XX century a graduate of the Sorbonne University, a young lawyer, Sadri Maksudi, found himself at the center of the political life of the Turkic-Muslim world of Russia. He lived in St. Petersburg and was actively engaged in political activities. Just then he met Russian Freemasons and became a participant in the Masonic movement.The attitude towards Masonry in the Russian history is characterized by different assessments, for example, they were credited with participation in conspiracies, possession of secret knowledge, etc. In fact, most Masons were liberals who advocated the introduction of a wide range of democratic freedoms in Russia, including expanding the rights of national minorities. This attracted one of the leaders of Russian Islam, who actively defended the ideas of equality and enlightenment of his people.The article presents the analysis of the history of the opening of Masonic lodges in St. Petersburg after the revolution of 1905-1907 and their activities during the inter-revolutionary period, in which S.N. Maksudi took part.The purpose of the study was to analyze the views of the Tatar politician S.N. Maksudi through the prism of his participation in Masonic organizations of the early XX century. For this purpose the author used biographical, historical-genetic and historical-comparative research methods, as well as general scientific and dialectical methods of analysis. As a result, we came to the conclusion that despite all the objective differences between the social movement of Muslims in Russia and the teachings of the Freemasons, there were common ideological ideas between them, which attracted the Tatar-Muslim leader Sadri Maksudi to the ranks of the masons, which was reflected in his political life.

System and types of minority rights

This article deals with the issue of the protection of national minority rights and the system of human rights protection in general. The author reviews the latest research and publications of scholars from Ukraine and abroad. The author describes the regulatory provisions of the current legislation in this area. It is noted that national minorities are an important component of society and have the right to protect their rights and interests. The author also examines the definition of a national minority and its types, as well as the system of protection of national minority rights in the UN and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The author also emphasizes that the topic of minorities, in particular, LGBT people, is very relevant today and is actively discussed in journalism, special scientific literature, political practice and law- making. The article reveals the scientific approaches to systematization of the main issue of this scientific issue. The author identifies the advantages and disadvantages of scholars’ approaches to the article’s subject matter. Most types of minority rights are analyzed. This topic concerns not only human rights issues but also general stability and peace in society.
 In general, the article concludes that the protection of national minority rights is an important component of human rights protection in general. Society must take measures to ensure equality and protect the rights of minorities, as this has an impact on the preservation of peace and harmony in society as a whole. Various international and national instruments and bodies exist to ensure the protection of national minority rights, such as the Convention for the Protection of Human Rights and Fundamental Freedoms, the Office of the United Nations High Commissioner for Human Rights, the European Court of Human Rights and others. However, further work is needed to improve the system of protection of national minority rights, as problems of discrimination and rights violations still exist.
 Understanding and respect for the rights of national minorities is a prerequisite for any progressive society, as it contributes to the preservation of peace and harmony in society as a whole.

“Hungarian Supremacy Cannot Be Debated”. Hungarian Conservative Sociologists on the Nationalities Question (1908–1918)

Abstract Magyar Társadalomtudományi Szemle (MTSZ), i.e. Hungarian Review of Social Sciences, was published between 1908 and 1918, and it was the highest-toned journal of contemporary Hungarian conservative sociology. At that time, in the last years of the Austro-Hungarian Monarchy, one of the most pressing social issues was the nationalities question: what rights belong to non-Hungarian-speaking nationalities living in the territory of the Kingdom of Hungary? This question was answered by two schools of tender-aged Hungarian social science. In general, liberal-left sociologists following Western scientific patterns believed that the language and cultural rights of national minorities need to be expanded. Conservatives, on the other hand, called for a restrictive policy to maintain the territorial integrity of the Kingdom of Hungary. The analysis of the authors and writings in favour of the extension of rights has been completed (Litván 1978, 2006; Litván–Szücs 1973). Conservative sociologists who support the restriction, however, have so far received almost no attention in the history of sociology. In this writing, I would like to fill this gap. After the short institutional presentation of contemporary conservative sociology, I will focus on their central journal, MTSZ. I will analyse the articles in which the authors have taken a position on the nationalities question. I argue that the articles published in the MTSZ have primarily addressed the nationalities question as a political and demographic issue. Therefore, I will describe these two types of writing. (Beyond that, some articles focused on social theory, culture, or education when writing about the rights of non-Hungarian-speaking minorities.) My basic question is how those aspects of the nationalities question appeared in MTSZ and how those all create a specific political store of knowledge. If we get answers to this, not only will we shed light on one of the forgotten but exciting schools of early Central European social science, but perhaps the history of the first quarter of the 20th century will also be better understood.

Issues of national minorities in the policy of the Eastern Partnership

The peculiarities of implementing the policy of the EU’s Eastern Partnership Initiative in regards to protecting the rights of national minorities have been studied. The issue of national minorities in the EU is considered from the perspectives of security, democracy, and regional integration. Despite contemporary criticism of the EU’s Eastern Partnership Initiative, many initiatives aimed at protecting the rights of national minorities in the region have been implemented, thereby fostering intergovernmental cooperation. It is evident that Ukraine and Moldova are the most proactive in protecting the rights of national minorities amongst the Eastern Partnership countries. These countries have been granted the status of candidate for EU accession. Despite the Russian-Ukrainian war, Ukraine actively works on improving legislation in the field of ethno-policy. Particular emphasis is placed on analysis of the institutional structure of national minorities, communication pathways, and non-discriminatory policies in Eastern Partnership countries. Member states of the Eastern Partnership actively utilize “soft power” techniques through a network of minority organizations. It has been suggested that European integration of Ukraine and Moldova has generated considerable opportunities for the development of national minorities. Loosening of state borders has enabled national minorities to connect more deeply with their ethnic homelands, thereby transforming them into engaged participants of transborder cooperation and significant figures of regional policy. The Eastern Partnership furnishes a platform for minorities to assert themselves in decisions which pertain to their lives, execute grant initiatives, and take part in regional associations of minorities. Nevertheless, certain risks are highlighted, such as particular nations exploiting EU enlargement to tackle minority matters or manipulate minority rights. The EU has analyzed programs supporting national minorities, especially those implemented in the Eastern Partnership countries. While Eastern Partnership countries have developed their policies regarding national minorities, there are common problems faced by minorities in the region. Ukraine, Georgia, Moldova, Azerbaijan, and Armenia are involved in conflicts, being former Soviet Union countries, and face numerous challenges concerning the functioning of the Russian minority, which is numerically significant in this region. It is stated that the EU cooperates with the Eastern Partnership countries on matters regarding national minorities, and it is crucial to develop innovative models for managing ethnic diversity, promoting the involvement of national minorities in making socio-political decisions and integrating them into society.

Transformation of Ukrainian Legislation on National Minorities in the Course of European Integration

The development and improvement of Ukrainian legislation on the protection of the rights of national minorities is an integral part of Ukraine’s state-building as a European, democratic state. Thus the article analyzes the new version of the Law of Ukraine “On National Minorities (Communities) of Ukraine”, which was adopted to meet the requirements of European integration, with a view to improving and enhancing the protection of national minority rights. Comparative and legal analysis has revealed a number of shortcomings that need to be addressed as soon as possible in order for the new law to have a positive impact on the protection of the rights of national minorities in Ukraine. The biggest drawback of the Law of Ukraine “On National Minorities (Communities) of Ukraine” amended in 2022 is that it does not systematically address the full range of problems in ensuring effective protection of the rights of national minorities. In addition to preserving the old problems and challenges related to the status of a national minority (community), the Law of Ukraine “On National Minorities (Communities) of Ukraine” creates a number of new ones. The new version of the law also creates grounds for destructive processes, including the politicization of ethnicity among certain national minorities. These include: narrowing the scope of rights, in particular, the elimination of the right to national and cultural autonomy; declarative and uncertain basic provisions, which creates a field for political speculation and manipulation and makes it impossible to effectively protect national minorities (communities) by exercising the rights enshrined in it; and, as a result, politicization of ethnicity and accumulation of discontent among national minorities (communities). As predicted, the Law of Ukraine “On National Minorities (Communities) of Ukraine” currently looks more like a formal response to the requirements of European integration, which needs to be amended in terms of specification and content, rather than an improvement of Ukraine’s legislation on national minorities. Improving the protection of national minority rights in the course of Ukraine’s European integration should not be limited to the adoption of a new version of the law on national minorities, but should also include the means and procedures for implementing a number of political and legal mechanisms for protecting the rights of national minorities, reforming the institutional structure of ethnic policy, etc. Key words: national minorities, European integration, ethnic group, ethnic policy

Problema respectării drepturilor minoritîților naționale în activitățile politice ale reprezentanților ucrainenilor din Bucovina în anii 1928-1929

The death of King Ferdinand Ist and of the leader of the National Liberal Party I. I. C. Brătianu in 1927 laid the conditions for the change of power in Romania. The meeting in Alba-Iulia in May 1928 played an important role in the National Peasant Party coming to power, because the program of the party’s activities for the near future was announced there. After the government of I. Maniu came to power in November 1928, the representatives of the national minorities of Romania expected changes in the government's attitude towards the observance of the rights of national minorities, as well as the political regime liberalisation. The observance of the rights of national minorities for the Ukrainians of Bukovina was seen primarily in the return of the Ukrainian teaching language to the educational sphere adopted by the government. The resumption of activities was another issue after the abolition of the siege state in northern Bukovina, as well as Ukrainian educational societies, primarily the “Ruska Besida”, which performed tasks in educational activities through reading and amateur theatrical groups. The third issue, which should guarantee the implementation of the first two ones, was to obtain a sufficient number of seats in parliament for representatives of the Ukrainian community. From mid-October 1928 through February 1929, Ukrainian communities of Bukovina filed requests for teaching in Ukrainian. The newspaper “Chas” (Time) also dealt with this issue, publishing reports on the meeting of the communities. As a result, 199 applications were received with 30 thousand signatures, which gave the government grounds to talk about the possibility of introducing the corresponding number of teaching hours in schools of 139 communities. In general, the decision of the government in the field of teaching in the Ukrainian language was not made till December 1929 that caused concerns and statements from the Ukrainian side. Also, V. Zalozetskyi who was elected to the Senate in January 1929 made a statement about the loyalty of the Ukrainians of Bukovina to the authorities and motivated the need to introduce the Ukrainian language of teaching for Ukrainians. A number of statements concerning the need to study the state and Ukrainian languages in equal proportions was made by the communities. V. Zalozetskyi called the national consciousness of the Ukrainians of Bukovina not posing a threat to the Romanian statehood, but it could become a condition for preparing the intelligentsia for the future ‘non-Bolshevik Ukraine’. The restoration of the number of organizations of the “Ruska Besida” society led to the spread of the amateur theatre group activities. Such steps gave grounds, primarily to representatives of national liberals, to make statements about the demands of Ukrainians to remove the Romanian language from school. The active role in presenting the situation was played by the newspapers “Curentul” and “Universul”, describing the position and actions of national minorities too critically. In general, the Ukrainians turned out to be a very quiet minority comparing with the Hungarians’ protests and the situation in Dobrudja, although they were less organized to fight for the observance of their rights.

Problems of ratification of the European Charter of regional or minority languages in Ukraine

The article examines the problems of ratification of the European Charter of Regional or Minority Languages of 1992 and changes in the obligations of Ukraine to fulfill its provisions. The authors came to the conclusion that Ukraine's approach to the ratification of the European Charter was not balanced and did not have sufficient scientific justification. In particular, it has the following conceptual flaws. 1. The idea of the rights of national minorities in the sphere of using their languages is taken as abasis, and not the actual protection of regional and minority languages. This fundamental error distorts the essence of the European Charter. 2. The named national minorities were chosen arbitrarily, partly inadequately. The criteria for classify ingcertain languages as regional or minority are unclear. 3. The fundamental mistake wasthe refusal to distinguish the territories of the traditional distribution of the languages that are planned to be protected. Derived from this and obviously unjustified is the special protection of the most numerous group of speakers of the minority language –Russian – within the whole of Ukraine instead of the few historical communities of its speakers. 4. The temporary, and later the final refusal of special protection of non-territorial languages, which lays the grounds for discrimination of such languages as Yiddish and Romani, is unjustified and discriminatory. 5. The biggest drawback is the equal treatment of all regional or minority languages. In such a case, the main beneficiaries of state support become the most widespread languages, and the least number of speakers in relict languages (for example, Karaim) receive very little protection and cannot stop the process of their decline and disappearance. Key words: minority languages, regional languages, language of minority,national minorities, ethno-cultural policy of the state.

The emergence of an independent Polish state and the problem of national minorities

The main approaches to the regulation of the status of national minorities in the Polish state restored after the First World War were investigated. They were reflected in the relevant provisions of the first Constitution of independent Poland (March 1921), which was a kind of compromise between the views of the Polish right-wing led by Roman Dmowski, who advocated the absolute dominance of ethnic Poles' interests, and the leaders of Polish socialist parties (T. Goluwko, L. Wasilewski), who wanted to support the national and cultural inspirations of minorities in exchange for their loyalty to the Polish state.
 The legal acts used to regulate the situation of national minorities were analysed. Their compliance with the international legal mechanisms for the protection of national minority rights, which began to operate in Europe within the framework of the Versailles-Washington system of international relations, in particular, the provisions of the Treaty of Versailles Minor, was determined. In case of compliance with the proclaimed legal norms, the Polish state had every chance to avoid an open confrontation with representatives of the non-title nation. However, the situation in Poland with regard to national minorities became a classic example of the discrepancy between law-making theory and law enforcement practice.
 It has been proved that due to the lack of mechanisms for monitoring compliance with international norms which were supposed to guarantee the rights of national minorities and imperfections in domestic legislation, the Polish authorities at various levels have repeatedly violated the democratic principles of the March 1921 Constitution and other legal acts designed to ensure equal rights for representatives of national minorities, which, in turn, created constant tension within the Second Polish Republic, destabilising the internal situation in the country.
 This situation was caused by a number of factors: the difficult economic situation, which provoked permanent tensions in society and the Poles' disrespect for members of national minorities. Artificially created borders after the First World War also provoked interethnic conflicts. Finally, it should be considered that the vast majority of Poles were supporters of the concept of the nation-state promoted by the National Democrats, which envisaged the assimilation of national minorities.

Practical challenges and recommendations on the status of national minorities and indigenous peoples: a comparative analysis of the approaches of the European Union

Modern models of social development emphasize the prevalence of positive examples of solving complex national and political problems aimed at finding peaceful ways to conduct dialogue and resolve existing conflicts or misunderstandings. The purpose of the article is to analyze the practical challenges and develop recommendations in defining the statute of national minorities and indigenous peoples in the European Union. The article is based on theoretical methods of analysis and synthesis, comparison, structural-functional and dialectical methods. The article analyzes the current problems of the existence of indigenous peoples in the EU countries, the legal rules governing the mechanism for the realization of the rights of national minorities. The author identifies the main challenges that arise in the process of legal regulation of ethnonational policy in the EU. Among them, in particular, the author identifies the politicization of the issue of national minorities and the denial of their existence. Similarly, the political factor is relevant for the legalization of indigenous peoples, which leads to the weak development of legal instruments. It is proposed to use international UN documents to formulate national legislation, to demand legal prosecution of any manifestations of discrimination at the public level, and to develop a legal framework for terminological aspects of definitions. The conclusions emphasize the importance for the EU candidate states (including Ukraine) to pay leading attention to the problem of indigenous peoples and national minorities.

The Principle of Respecting the Right of the Ukrainian Nation to Self-Determination and Preserving Territorial Integrity in the Face of Russian Aggression

The article provides a comparative analysis of the leading principles of the UN: respect for the nation’s right to self-determination and the territorial integrity of the state, as well as their relationship, conditions of implementation and peculiarities of compliance in the context of gross violation by the Russian Federation of both of these principles in Ukraine. The author proves that the fundamental international legal principles of relations between states provide for respect for the right of nations to self-determination, including for their independent choice of their geopolitical activity, the right to inviolability of territorial integrity. This right is superior to the right of nation’s self-determination (with the exception of colonized countries and countries in which the rights of national minorities are grossly violated on a regular basis).

THE LEGAL STATUS OF NATIONAL MINORITIES IN THE REPUBLIC OF POLAND

The protection of national minorities is one of the salient goals of a modern legal state. In the Republic of Poland, the number of representatives of national minorities is small but growing rapidly. The legal framework regarding this issue has been in place for almost 20 years, which justifies the general review of the current experience. The following paper discusses the main legal acts regulating this issue in the Republic of Poland. The Constitution of Poland contains general provisions, which were specified in the Law „On National and Ethnic Minorities and Regional Language” adopted in 2005. General obligations for the protection of national minorities are also contained in international legal acts adopted by Poland. The abovementioned law defines and establishes a list of national and ethnic minorities in Poland. This paper reveals that the protection of their rights is based on the following elements: the prohibition of discrimination and assimilation of persons belonging to minorities, the right to use minority languages and the regional language in the public sphere, and the education of minority languages. Additionally, the law establishes the Joint Commission of the Government and Minorities, which ensures the cooperation of public administration bodies with representatives of minorities. The provisions of this law are in line with the provisions of other laws, in particular in the Polish language, which is the only state language. In general, the mechanism for protecting the rights of national minorities adopted in Poland comprehensively regulates this issue. The author it is effective and meets expectations and demands of national and ethnic minorities.

THE CONCEPT AND PECULIARITIES OF ACTIVITY OF PUBLIC ASSOCIATIONS OF NATIONAL MINORITIES (COMMUNITIES) OF UKRAINE

The article is devoted to the study of the concept of «public association of a national minority (community) of Ukraine». The relevance of the study is due to the process of reforming the legislation on national minorities of Ukraine, which is one of the conditions for granting Ukraine the status of a candidate for accession to the European Union. It is noted that public associations of national minorities (communities) are a means of realizing the collective rights of national minorities (communities) of Ukraine, as well as an external form of exercising individual rights to the development of ethnic, cultural, linguistic and religious identity by persons belonging to national minorities (communities) of Ukraine. The author suggests that the public association of the national minority (community) of Ukraine is a voluntary non-profit association of persons who belong to the relevant national minority (community) of Ukraine and/or relevant legal entities under private law, the main purpose of which, according to the charter, is to implement and protect the rights and freedoms of a certain national minority (community) of Ukraine, satisfy its public needs and interests, integrate into Ukrainian society. The Law of Ukraine «On National Minorities (Communities) of Ukraine» has certain shortcomings with regard to public associations of national minorities (communities). The Law does not contain a definition of the concept of “public association of the national minority (community) of Ukraine”, i.e. the formal legal features of such a public association are not defined. The Law does not define the types of public associations of national minorities (communities) that can be formed and carry out their activities in Ukraine. The Law does not give any idea about the procedure for the formation of public associations of national minorities (communities) of Ukraine. The author analyses the rights of public associations of national minorities (communities) defined by the Law and describes some of them, in particular «ceremonial». Taking into account various aspects of the activities of public associations of national minorities (communities), the author proposes criteria by which the effectiveness of such public associations and their reputation can be assessed. The author concludes that the Law of Ukraine «On National Minorities (Communities) of Ukraine» has brought the protection of the rights and freedoms of national minorities (communities) of Ukraine to a new level, and has become another step towards bringing Ukraine’s national legislation in line with international human rights standards, but shortcomings such as legal uncertainty necessitate the improvement of the Law by introducing certain amendments to it.

Typology of parliamentary control bodies in democratic constitutions of the world

The article reveals the most characteristic features of the democratic constitutions of the world of parliamentary control over the observance of human and citizen rights by the state administration. Various types of bodies of parliamentary control over the practical implementation of the rights and freedoms of man and citizen declared by the constitutions are shown. Their list includes parliamentary or constitutional commissions for their protection, commissions for the protection of the rights of national minorities, representatives of non-traditional religions, in matters of castes, tribes, territory management and improvement of tribes, backward classes, official language, commissions for the development and protection of cultural, religious and linguistic rights communities, commissions on gender equality, commissions on petitions, commissions on motions, boards of people's human rights protection, radio broadcasting and television councils, councils for the protection of citizens' rights. It was concluded that the idea of control of compliance by officials with laws or simply customs and rules of behavior in society originated in the ancient world and continued its development during the Middle Ages. The division of laws into secular and ecclesiastical led to the emergence of the «law of justice» and the position of «lord chancellor», which turned out to be the prototype of the modern position of the ombudsman. With the adoption of democratic constitutions, a system of parliamentary standards for law enforcement by government officials was established. It covers general declarations of human and citizen rights and freedoms, guarantees of their protection by various state bodies, collective bodies, general or narrowly profiled, personal positions elected by parliaments, appointed by governments, monarchs, presidents, single or multiple, combined, with or without deputies , as well as regional and international organizations. At the current stage of the development of humanity and international legal science and political culture, universal legal values are actively developed ‒ generally recognized legal standards, models, benchmarks, principles, norms, procedures, etc., which have a global character and influence the development of all legal systems of the world to varying degrees. On the other hand, the identity of national law, the style of popular thinking, traditions, motives and approaches to legal regulation, as well as the distinctiveness of the legal culture of each country, are preserved.