Advanced Search

Rights Of Small Indigenous Minorities Of The Russian Federation

Original Language Title: О гарантиях прав коренных малочисленных народов Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On guarantees for the rights of small indigenous peoples Russian Federation adopted by the State Duma on 16 April 1999 Approved The Federation Council, on 22 April 1999,(In the wording of the federal law of 22.08.2004). N 122-FZ; dated 26.06.2007 N 118-FZ; dated 13.05.2008 N 66-FZ; of 30.12.2008 N 309-FZ; 05.04.2009 N 40-FZ; dated 13.07.2015. N 256-FZ This Federal Law, in accordance with the Constitution of the Russian Federation, generally accepted OF THE PRESIDENT OF THE RUSSIAN FEDERATION traditional habitat, traditional lifestyles, economic management and fisheries. Article 1. The basic concepts of this Federal Act are: 1) the small indigenous peoples of the Russian Federation (hereafter referred to as numerically small peoples)-peoples living in traditional territories The resettlement of their ancestors, the persistence of traditional ways of life, economic management and fisheries, which have fewer than 50,000 people in the Russian Federation and realize themselves as distinct ethnic communities. The Unified List of Indigenous Peoples of the Russian Federation is approved by the Government of the Russian Federation on the submission of the State authorities of the constituent entities of the Russian Federation in the territories of which these peoples live. In view of the uniqueness of the ethnic composition of the population of the Republic of Dagestan, the State Council of the Republic of Dagestan defines the quantitative and other characteristics of its small indigenous peoples, as well as establishing a list of these peoples, followed by its inclusion in the Single List of the Small Indigenous Peoples of the Russian Federation; (2) the traditional way of life of small indigenous peoples (hereinafter-the traditional way of life)- the historic way of sustenia of small peoples, Based on historical experience of their ancestors in the field of natural resource management, original social organization of residence, original culture, preservation of customs and beliefs; 3) native habitat of small peoples-historical The existing range within which small peoples carry out cultural and everyday life and influence their self-identification, lifestyle; (4) communities and other forms of community self-government (hereinafter referred to as the community) (numerically small-numbered peoples)-forms of self-organization of persons belonging to minorities peoples and united under the blood (family, clan) and (or) neighbourhood principles established to protect their ancestral habitat, preserve and develop traditional ways of life, management, fisheries and culture; 5) authorized representatives of small peoples-natural persons or organizations which in accordance with the legislation of the Russian Federation represent the interests of these peoples; 6) ethnological expertise-scientific research Research on the impact of habitat changes in the small of the people and the sociocultural situation of the development of the ethnic group. Article 2. Russian legislation on guarantees of the rights of small peoples The legislation of the Russian Federation on guarantees of the rights of small peoples is based on the relevant norms The Constitution of the Russian Federation consists of this Federal Act, other federal laws and other normative legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation. Article 3. Scope of this Federal Law 1. This Federal Act applies to persons belonging to small indigenous peoples who are permanently resident in traditional and traditional economic activities of small indigenous peoples Traditional livelihoods that engage in traditional livelihoods and traditional fisheries. (In the wording of the Federal Law of 05.04.2009) N 40-FZ) This Federal Law applies also to persons who are small peoples, who live permanently in areas of traditional residence and economic activities of small peoples and for which traditional farming and traditional fields are sub-collected activities in relation to the main activity in other sectors of the national economy, the social and cultural sphere, the public authorities or the local authorities. 2. This Federal Act applies to the State authorities of the Russian Federation, the State authorities of the constituent entities of the Russian Federation, the local authorities and officials. 3. The provisions of this Federal Act may apply to persons who are not members of small minorities but who are permanently resident in traditional and traditional economic activities. In accordance with the law of the constituent entities of the Russian Federation. (In the wording of the Federal Law of 05.04.2009) N 40-FZ) Article 4.(Unused-Federal Law of 22.08.2004) N 122-FZ) Article 5. Powers of the federal organs of state Power for protection of the native habitat, traditional ways of life, [ [ housekeeping]] and [ [ fisheries]] of small peoples (In the wording of Federal Law of 22.08.2004) N 122-FZ 1. In order to protect the native habitat, traditional ways of life, economic management and fisheries of small peoples, the federal authorities have the right to: (In the wording of federal laws from 22.08.2004. N 122-FZ; 05.05.2009 N 40-FZ) 1) to adopt federal laws and other normative legal acts of the Russian Federation on the protection of the native habitat, traditional ways of life, economic management and fisheries of small peoples. The competent representatives of small peoples; (2) to receive federal programs may be involved in the elaboration and appraisal of the draft federal laws and other regulatory legal acts of the Russian Federation; 2) The social, economic and cultural development of small peoples, development, preservation and revitalization of their languages, protection of their ancestral habitat, traditional ways of life, management, use and protection of lands and other natural resources. Implementation of these programmes is provided from the federal budget and from extrabudgetary sources. The authorities of the constituent entities of the Russian Federation, local self-government bodies, with the transfer of the necessary material and financial resources, as well as the competent authorities may be involved in the implementation of these programs. Representatives of small peoples; 3) to provide special support to small peoples in the established Government of the Russian Federation from the federal budget for social, economic and cultural activities The development of small peoples and the protection of their ancestral habitat, traditional ways of life, management and fisheries, control over the use of these funds; 4) establish procedures for the establishment, reorganization and liquidation of federal-owned organizations in the field The traditional living of and traditional economic activities of small peoples; (In the wording of the Federal Law dated 05.04.2009 N 40-FZ 5) to establish, in coordination with the State authorities of the constituent entities of the Russian Federation and authorized representatives of numerically small peoples, the restrictions on the economic and commercial interests of small minorities The activities of organizations in federal property, in the place of traditional residence and the traditional economic activities of small peoples; (In the wording of Federal Law dated 05.04.2009. N 40-FZ) 6) solve the issues of compensation for losses caused by the damage caused to the native habitat of the small peoples by the activities of organizations in federal ownership; 7) To establish the responsibility of the State authorities of the Russian Federation and their officials for violation of the legislation of the Russian Federation on guarantees of the rights of small peoples; 8) to provide jointly with the authorities of the Russian Federation class="doclink " href=" ?docbody= &prevDoc= 102059473&backlink=1 & &nd=102027595" target="contents"> the Constitution of the Russian Federation and the federal laws on minority peoples and other regulatory legal acts of the constituent entities of the Russian Federation Protection of the native habitat, traditional ways of life, economic management and fisheries of small peoples; 9) to improve the legislation of the Russian Federation on measures to prevent the actions of State authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION individuals and legal entities aimed at forced assimilation, genocide and ethnocide of small peoples, their ancestral habitat; 10)(Federal law from 22.08.2004. N 122-FZ) 11) to adopt a unified policy for the development and implementation of federal and regional programmes for the use and protection of the traditional natural resources of small indigenous peoples and the assessment of natural resources; Land management and monitoring of these lands; (In the wording of Federal Law of 13 May 2008) N 66-FZ) 12)(Spconsumed by Federal Law 26.06.2007) N 118-FZ) 2. The Government of the Russian Federation for the protection of the traditional habitat, traditional way of life, economic management and fishing of small peoples states: 1) a list of places of traditional residence and of the traditional economic activities of the small indigenous peoples of the Russian Federation on the submission of the State authorities of the constituent entities of the Russian Federation in whose territories these peoples live; (2) the list of species traditional economic activities of small indigenous peoples Russian Federation. (Part added-Federal Law of 05.04.2009) N 40-FZ) Article 6. Powers of State Authorities Subjects of the Russian Federation for the Protection of the Native Environment, Traditional Lifestoring, and Fisheries of the small minorities (In the wording of the Federal Law of 22 August 2004) N 122-FZ ) State authorities of the constituent entities of the Russian Federation for the protection of the ancestral habitat, traditional ways of life, economic management and fisheries of small peoples have the right: 1) class="ed"> (Overtaken by Federal Law of 22.08.2004) N 122-FZ) (2) Participate in the implementation of federal programmes for the social, economic and cultural development of small peoples and to adopt regional programmes of socio-economic and cultural development the use and protection of the lands of the traditional use of natural resources of small peoples and other natural resources; (3) within the limits of their authority to restrict the economic activities of organizations of all forms of ownership in traditional place of residence and traditional The number of small peoples ' economic activities; (In the wording of the Federal Law of 05.04.2009) N 40-FZ) 4) to participate in the regulation of relations between the budgets of the constituent entities of the Russian Federation and the budgets of local self-government bodies for the allocation of funds for socio-economic and cultural development of small peoples, protection of native habitat, traditional ways of life, economic management and fisheries of small peoples; 5) regulate the transfer of property of the subjects of the Russian Federation to the communities of small peoples and individuals, peoples; 6) class="ed"> (Overtaken by Federal Law of 22.08.2004) N 122-FZ) 7)(Spconsumed by Federal Law 26.06.2007) N118-FZ ) (8) to establish, on a voluntary level, by the executive authorities of the constituent entities of the Russian Federation, councils of representatives of small peoples to protect the rights and legitimate interests of these peoples; 9)(Spconsumed by Federal Law of 22.08.2004) N 122-FZ) 10) empower local authorities with separate powers to protect the native habitat, traditional ways of life, economic management and fisheries of small peoples, with transfer to designated authorities the necessary material and financial resources; 11)(Spil-out-Federal Law of 22.08.2004). N 122-FZ ) 12)(Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 7. Powers of local governments on protection of native habitat, traditional lifestyle, management and fisheries of small smaller peoples Federal Law of 22.08.2004 N 122-FZ ) Local governments in accordance with federal legislation, the legislation of the constituent entities of the Russian Federation and within the limits of their powers to the right: 1) Federal Law of 22.08.2004 (n 122nd FZ) (2) take part in the implementation of federal and regional programmes for the socio-economic and cultural development of small peoples and the monitoring of the use of material and financial resources; allocated according to these programs, as well as for the use and protection of lands in the traditional place of residence of and traditional economic activities of small peoples; Federal Act dated 05.04.2009. N 40-FZ ) (3) to control the supply, use and protection of persons belonging to small populations, land needed to maintain a traditional way of life and occupation the traditional fisheries of small peoples; (In the wording of the Federal Law of 26.06.2007) N 118-FZ) 4)(Federal Act of 22.08.2004) N 122-FZ) 5)(Federal Act of 22.08.2004) N 122-FZ) 6) establish general principles for the organization and activity of the territorial public self-government of small peoples in their traditional place of residence and traditional economic activities. Activities; (Paragraph is amended by the Federal Act of 22 August 2004. N 122-FZ; in the wording of the Federal Law of 05.04.2009. N 40-FZ) 7) create in public at the heads of municipalities in traditional areas and traditional economic activities of small peoples ' councils Small peoples to protect the rights and legitimate interests of these peoples. (Paragraph amended by the Federal Law of 13 July 2015). N 256-FZ) Article 8. The rights of small peoples, associations of small peoples and persons belonging to the small peoples of small peoples to the protection of their traditional habitat, traditional way of life, 1. The small peoples, the associations of small peoples in order to protect their ancestral habitat, traditional ways of life, economic management and fisheries have the right: 1) to use free of charge in traditional residentis class="ed"> and traditional economic activities of the small peoples of the land of the various categories necessary for their traditional economic management and the occupation of traditional and common mineral resources in accordance with the procedure established by federal law and OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 118-FZ; 05.05.2009 N 40-FZ ) 2) to participate in the monitoring of the use of lands of various categories necessary for the exercise of traditional economic management and the occupation of traditional fisheries of small peoples, and of common mineral resources in traditional and traditional economic activities of small peoples; (In the wording of Federal Law from 05.04.2009 N 40-FZ) 3) to participate in the enforcement of the federal laws and the laws of the constituent entities of the Russian Federation on the protection of the environment in the industrial use of land and natural resources, construction and Renovation of economic and other facilities in traditional and traditional economic activities of small peoples; (In the wording of federal laws from 30.12.2008 N 309-FZ; 05.04.2009 N 40-FZ 4) to receive from the State authorities of the Russian Federation, State authorities of the constituent entities of the Russian Federation, bodies of local self-government, organizations of all forms of property and international organizations. organizations, voluntary associations and individuals, the material and financial resources necessary for the social, economic and cultural development of small peoples, the protection of their ancestral habitat, traditional ways of life, and crafts; 5) to participate through commissioners Representatives of small peoples in the preparation and adoption by the State authorities of the Russian Federation, the State authorities of the constituent entities of the Russian Federation and the local authorities of decisions on the protection of the native environment traditional ways of life, economic management and fisheries of small peoples; 6) to participate in environmental and ethnic studies in the development of federal and regional State programmes for the development of natural resources and environmental protection in the traditional and traditional economic activities of small peoples; (In the federal laws , 30.12.2008 g. N 309-FZ; 05.04.2009 N 40-FZ ) 7) delegate authorized representatives of small peoples to the councils of representatives of small peoples in the executive bodies of the constituent entities of the Russian Federation and local authorities; 8) for damages caused to them as a result of damage to the original environment of the indigenous peoples by the economic activities of organizations of all forms of ownership, as well as by natural persons; 9) obtain from State assistance for the reform of all forms of education and training The growing generation of small peoples in the light of traditional ways of life and the management of small peoples. 2. Persons belonging to small peoples for the protection of the ancestral habitat, traditional ways of life, economic management and fisheries of small peoples have the right: 1) to use the traditional residentilum free of charge class="ed"> and traditional economic activities of the small peoples of the land of the various categories necessary for their traditional economic management and the occupation of traditional and common mineral resources in accordance with the procedure established by federal law and OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 118-FZ; 05.05.2009 N 40-FZ) 2) to participate in the formation and activity of councils of representatives of small peoples under the executive authorities of the constituent entities of the Russian Federation and local authorities; 3) losses caused by the damage to the original habitat of the small peoples in the economic activity of all forms of ownership, as well as by natural persons; 4) to use the small peoples for the protection of their ancestral habitat, traditional ways of life, economic management and benefits of land use and environmental management as established by federal legislation, the legislation of the constituent entities of the Russian Federation and the regulatory legal acts of the local government bodies; 5) to prioritize employment in the organization of traditional economic sectors and traditional fisheries of small indigenous peoples, established in their traditional place of residence and traditional operations; Federal Law of 05.04.2009. N 40-FZ ) 6) in the manner prescribed by civil law, establish economic partnerships and societies, production and consumer cooperatives that engage in traditional economic activities small peoples ' fisheries with non-small-numbered peoples, provided that at least half of the jobs created by the organizations are provided to persons belonging to small populations; 7) priority acquisition by organizations of traditional The economic sectors and traditional handicrafts of small peoples in their traditional place of residence and traditional economic activities; (In the wording of the Federal Law dated 05.04.2009. N 40-FZ) 8) to receive social services in the order established by the legislation of the Russian Federation; (In the wording of Federal Law from 22.08.2004. N122-FZ) 9) receive free medical care in state and municipal health care institutions under the Mandatory Health Insurance Scheme. class="ed"> (In the Federal Law of 22.08.2004) N 122-FZ) Article 9. The right of persons belonging to minorities to replace military service with alternative civil service Persons belonging to small peoples who are traditional and traditional economic management and traditional fisheries have the right to replace military service with alternative civilian service in accordance with the Constitution OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 10. The rights of those belonging to small peoples to preserve and develop their own culture Persons belonging to small peoples, associations of small peoples for the purpose of preserving and developing their own identity Russian Federation has the right: 1) to preserve and develop native languages; (2) to establish voluntary associations, cultural centres and ethnic and cultural autonomy Development Fund for Small Peoples Funds and financial assistance funds peoples; (3) to establish, in accordance with the legislation of the Russian Federation and with their material and financial possibilities, study groups composed of persons belonging to small peoples for their education traditional housekeeping and washing of small peoples; 4) to receive and disseminate information in their native languages, to create mass media; 5) to observe their traditions and perform religious rites, not OF THE PRESIDENT OF THE RUSSIAN FEDERATION Contain and protect places of worship; 6) to establish and develop ties with representatives of small peoples living in the territories of other constituent entities of the Russian Federation, as well as outside the territory of the Russian Federation. Article 11: Territorial Public Self-Government Small Peoples For the purpose of socio-economic and cultural development, protection of native habitat, traditional ways of life, management and In the case of small indigenous peoples, as well as their own initiatives on matters of local importance to small peoples, in areas where they are small, they are entitled to territorial public service with federal laws The self-government of small peoples, taking into account national, historical and other traditions. (Article as amended by the Federal Law of 22 August 2004). N 122-FZ Article 12. The communities of small peoples and other associations of small peoples 1. Persons belonging to small peoples have the right to establish, on a voluntary basis, communities of small peoples and other associations of small minorities, in accordance with their national, historical and cultural traditions for the purpose of The social, economic and cultural development of small peoples, the protection of their ancestral habitat, traditional ways of life, management and fisheries. 2. The special features of the organization and activities of small peoples ' communities and other associations of small peoples are governed by federal laws and the laws of the constituent entities of the Russian Federation. Article 13.(Spconsumed by force-Federal Law of 22.08.2004) N 122-FZ) Article 14. Judicial protection of the rights of small peoples Persons belonging to small peoples as well as associations of small peoples have the right to judicial protection of native habitat, traditional ways of life, management and fisheries of minorities, which is carried out in accordance with the procedure provided for by federal laws. When dealing with cases in which persons belonging to small peoples serve as plaintiffs, defendants, victims or accused persons, the traditions and customs of these peoples, which are not contrary to the law, may be taken into account. OF THE PRESIDENT OF THE RUSSIAN FEDERATION " In order to effectively protect the rights of small peoples, representatives of small minorities may participate in the said judicial protection. Article 15. Bringing legal acts into conformity with this Federal Law Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring its legal acts into conformity with the present Federal law. Article 16. This Federal Law enters into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 30 April 1999 N 82-FZ