Rights Of Small Indigenous Minorities Of The Russian Federation

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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102059473

RUSSIAN FEDERATION FEDERAL LAW on guarantees of the rights of small indigenous minorities of the Russian Federation adopted by the State Duma April 16, 1999 the year approved by the Federation Council of the year April 22, 1999 (as amended by the federal laws from 22/08/2004, no. 122-FZ;
from 26.06.2007 N 118-FZ; from 13.05.2008 N 66-FZ;
from 30.12.2008 N 309-FZ; from 05.04.2009 N 40-FZ;
from 13.07.2015 N 256-FZ) this federal law in accordance with the Constitution of the Russian Federation, the generally recognized principles and norms of international law and international treaties of the Russian Federation establishes the legal foundations for guarantees of distinctive social, economic and cultural development of the small-numbered indigenous peoples of the Russian Federation, protection of their indigenous habitat Wednesday, traditional way of life, husbandry and cropping.
Article 1. Basic concepts in this federal law applies the following concepts: 1) the indigenous small peoples of the Russian Federation (hereinafter referred to as the small peoples)-peoples living on the territories of traditional settlement of their ancestors, preserving the traditional way of life, management and fisheries of the Russian Federation numbering less than 50 thousand people and conceive themselves separate ethnic communities.
A single list of small-numbered indigenous peoples of the Russian Federation approved by the Government of the Russian Federation for presenting bodies of State power of constituent entities of the Russian Federation in the territories inhabited by these peoples.
Given the uniqueness of the ethnic composition of the population of the Republic of Dagestan, according to the number of peoples living on its territory, the State Council of Dagestan specifies quantitative and other characteristics of its small-numbered indigenous peoples and establishes a list of these peoples followed by its inclusion in the single list of small-numbered indigenous peoples of the Russian Federation;
2) traditional life of the small-numbered indigenous peoples (hereinafter referred to as the traditional way of life)-historically way of sustenance of the small-numbered peoples, based on the historical experience of their ancestors in the area of environmental management, indigenous social organization of residence, cultural identity, the preservation of customs and beliefs;
3) native habitat of the small-numbered indigenous peoples Wednesday-historically area, within which small peoples are implementing cultural and household livelihoods and which affects their identity, lifestyle;
4) communities and other forms of public authorities (hereinafter referred to as the community of minority peoples) forms of self-organization of persons belonging to such minorities and aggregated on the communes were now being established (family, genus) and (or) geographically neighbouring principles created in order to protect their native habitat Wednesday, preservation and development of traditional ways of life, economy, arts and culture;
5) authorized representatives of the small-numbered peoples-individuals or organizations that are in accordance with the legislation of the Russian Federation represent the interests of those peoples;
6) ethnological expertise-scientific study of the influence of changes of original habitat of the small-numbered indigenous peoples Wednesday and socio-cultural situation on development of ethnos.
Article 2. The legislation of the Russian Federation on guarantees of the rights of numerically small peoples of the Russian Federation Legislation on guarantees of the rights of minority peoples is based on the relevant provisions of the Constitution of the Russian Federation and consists of this federal law and other federal laws and other regulatory legal acts of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
Article 3. The scope of this federal law 1. The effect of this federal law applies to persons belonging to such minorities permanently residing at places of traditional residence and traditional economic activity of the smallnumbered peoples, embodying traditional lifestyles, exercising traditional housekeeping and traditional crafts. (As amended by the Federal law dated 05.04.2009 N 40-FZ) this federal law shall also apply to persons who belong to small populations permanently reside at places of traditional residence and economic activity of the smallnumbered peoples for whom traditional housekeeping and traditional crafts are ancillary activities vis-à-vis the main type of activity in other sectors of the economy, socio-cultural sphere, bodies of State power and local self-government bodies.
2. The effect of this federal law applies to the State authorities of the Russian Federation, governmental bodies of Russian regions, local government bodies and officials.

3. the provisions of this federal law may be distributed to persons not belonging to such minorities, but residents at places of traditional residence and traditional economic activity of the smallnumbered peoples, in the manner prescribed by laws of the constituent entities of the Russian Federation. (As amended by the Federal law dated 05.04.2009 N 40-FZ), Article 4. (Repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 5. The powers of the federal authorities for protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered peoples (as amended by federal law from 22/08/2004, no. 122-FZ dated December 30, 2008) 1. Federal State authorities aiming at protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered indigenous peoples have the right to: (as amended by the federal laws from 22/08/2004, no. 122-FZ; from 05.04.2009 N 40-FZ) 1) to federal laws and other regulatory legal acts of the Russian Federation on protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered indigenous peoples.
To the development and review of these projects of federal laws and other regulatory legal acts of the Russian Federation may be the authorized representatives of the smallnumbered peoples;
2) to federal programs of socio-economic and cultural development of minority peoples, development, preservation and revival of their languages, protection of their indigenous habitat Wednesday, traditional ways of life, management, use and protection of lands and other natural resources.
The implementation of these programmes is provided through the federal budget and extrabudgetary sources.
To implement these programmes may be the State authorities of the constituent entities of the Russian Federation, bodies of local self-government with the transfer of the necessary material and financial resources, as well as delegates of the smallnumbered peoples;
3) provide small peoples in accordance with the procedure established by the Government of the Russian Federation target support at the expense of the federal budget, aimed at socio-economic and cultural development of minority peoples, the protection of their indigenous habitat Wednesday, traditional way of life, husbandry and cropping, to monitor the use of those funds;
4) set the order of establishment, reorganization and liquidation of organizations in federal ownership, at places of traditional residence and traditional economic activity of the smallnumbered peoples; (As amended by the Federal law dated 05.04.2009 N 40-FZ) 5) set in consultation with State authorities of the constituent entities of the Russian Federation and by the authorized representatives of the small-numbered peoples alternative limits to economic activity of the smallnumbered peoples organizations in federal ownership, at places of traditional residence and traditional economic activity of the smallnumbered peoples; (As amended by the Federal law dated 05.04.2009 N 40-FZ) 6) address the issues of damages suffered as a result of impairment of the original habitat of the small-numbered indigenous peoples Wednesday activities of organizations in the federal property;
7) install the responsibility of State authorities of the Russian Federation and their officials for violation of legislation of the Russian Federation on guarantees of the rights of the smallnumbered peoples;
8) provide in conjunction with State authorities of the constituent entities of the Russian Federation are in conformity with the Constitution of the Russian Federation and federal laws on minority peoples of laws and other regulatory legal acts of the constituent entities of the Russian Federation on protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered peoples;
9) to improve the legislation of the Russian Federation on measures to prevent actions of bodies of State power of constituent entities of the Russian Federation, bodies of local self-government, legal and physical persons, aimed at forced assimilation, genocide and ethnocide, ecocide smallnumbered peoples of their indigenous habitat Wednesday;
10) (repealed-Federal Act of 22/08/2004, no. 122-FZ) 11) to pursue a single policy in the development and implementation of federal and regional programmes, land use and protection of traditional nature use of the small-numbered peoples, natural resource assessment, management planning and monitoring of these lands; (As amended by federal law from 13.05.2008 N 66-FZ) 12) (repealed-the Federal law from 26.06.2007 N 118-FZ) 2. The Government of the Russian Federation aiming at protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered peoples claims: 1) list of places of traditional residence and traditional economic activity of the small-numbered indigenous peoples of the Russian Federation on representation of bodies of State power of constituent entities of the Russian Federation in the territories inhabited by these peoples;

2) list of traditional economic activity of the small-numbered indigenous peoples of the Russian Federation.
(Part is supplemented by federal law from 05.04.2009 N 40-FZ), Article 6. The powers of State authorities of the constituent entities of the Russian Federation on protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered peoples (as amended by federal law from 22/08/2004, no. 122-FZ) State authorities of the constituent entities of the Russian Federation aiming at protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered indigenous peoples have the right to: 1) (lost effect-the Federal law from 22/08/2004, no. 122-FZ) 2) to participate in the implementation of federal programmes for socio-economic and cultural development of the small-numbered indigenous peoples and taking regional socio-economic and cultural development of the small-numbered indigenous peoples, as well as land use and protection of traditional nature use of the small-numbered indigenous peoples and other natural resources;
3) within their powers to restrict the business activities of the organizations of all patterns of ownership at places of traditional Habitat and traditional economic activity of the smallnumbered peoples; (As amended by the Federal law dated 05.04.2009 N 40-FZ) 4) participate in the regulation of relations between the budgets of the constituent entities of the Russian Federation and bodies of local self-government budgets to allocate resources for socio-economic and cultural development of minority peoples, the protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered peoples;
5) regulate the transfer of ownership of the subjects of the Russian Federation small-numbered indigenous peoples communities and persons belonging to such minorities;
6) (repealed-Federal Act of 22/08/2004, no. 122-FZ) 7) (repealed-the Federal law from 26.06.2007 N 118-FZ) 8) to create on a voluntary basis in executive bodies of the subjects of the Russian Federation small-numbered indigenous peoples representatives tips to protect the rights and legitimate interests of these peoples;
9) (repealed-Federal Act of 22/08/2004, no. 122-FZ) 10) empower local government bodies individual powers of protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered indigenous peoples with the transfer of specified bodies the necessary material and financial resources;
11) (repealed-Federal Act of 22/08/2004, no. 122-FZ) 12) (repealed-Federal Act of 22/08/2004, no. 122-FZ) Article 7. Powers of local self-government bodies on protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered peoples (as amended by federal law from 22/08/2004, no. 122-FZ), bodies of local self-government in accordance with federal law, the laws of the constituent entities of the Russian Federation and within the limits of their authority have the right to: 1) (lost effect-the Federal law from 22/08/2004, no. 122-FZ) 2) to participate in the implementation of federal and regional programmes of socio-economic and cultural development of the small-numbered indigenous peoples in the implementation and monitoring of the use of material and financial funds allocated in accordance with these programmes, as well as for land use and protection at places of traditional residence and traditional economic activity of the smallnumbered peoples; (As amended by the Federal law dated 05.04.2009 N 40-FZ) 3) monitor the provision, use and protection of persons belonging to such minorities, land required for the conduct of traditional lifestyles and occupations of the traditional crafts of the smallnumbered peoples; (As amended by federal law from 26.06.2007 N 118-FZ) 4) (repealed-Federal Act of 22/08/2004, no. 122-FZ) 5) (repealed-Federal Act of 22/08/2004, no. 122-FZ) 6) establish general principles of organization and activity of territorial public self-government of minority peoples in their places of traditional residence and traditional economic activity; (Para supplemented by federal law from 22/08/2004 yr. N 122-FZ; as amended by the Federal law dated 05.04.2009 N 40-FZ) 7) build on a voluntary basis with chapters municipalities at places of traditional residence and traditional economic activity of the smallnumbered peoples advice of representatives of the small-numbered peoples to protect the rights and legitimate interests of these peoples. (Para supplemented by federal law from 13.07.2015 N 256-FZ) Article 8. The right of minority peoples, the Association of the small-numbered peoples and persons belonging to such minorities, protection of their indigenous habitat Wednesday, traditional way of life, husbandry and fisheries 1. Small peoples, the Association of the small-numbered peoples to protect their native habitat Wednesday, traditional way of life, husbandry and fisheries shall have the right to:

1) charge at places of traditional residence and traditional economic activity of the smallnumbered peoples of the lands of various categories necessary to carry out their traditional economic activity and traditional cropping and lessons common minerals in the manner laid down by federal law and laws of constituent entities of the Russian Federation; (As amended by the federal laws on 26.06.2007. N 118-FZ; from 05.04.2009 N 40-FZ) 2) to participate in the monitoring of the use of lands of various categories, necessary for the implementation of the traditional economic activity and traditional cropping of the small-numbered peoples of classes and popular minerals at places of traditional Habitat and traditional economic activity of the smallnumbered peoples; (As amended by the Federal law dated 05.04.2009 N 40-FZ) 3) to participate in monitoring compliance with federal laws and laws of constituent entities of the Russian Federation on environmental protection Wednesday under industrial use of lands and natural resources, construction and reconstruction of economic and other activities at places of traditional Habitat and traditional economic activity of the smallnumbered peoples; (As amended by Federal Law Gazette N 309-FZ; from 05.04.2009 N 40-FZ) 4) obtain from the authorities of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government organizations of all patterns of ownership, international organizations, associations and natural persons the material and financial means necessary for socio-economic and cultural development of minority peoples, the protection of their indigenous habitat Wednesday, traditional way of life, husbandry and fisheries;
5) participate through authorized representatives of the small-numbered indigenous peoples in the preparation and adoption of the State bodies of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government, decisions on issues for protecting original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered peoples;
6) to participate in ecological and ethnological studies through federal and regional State programs for development of natural resources and environment protection Wednesday at places of traditional residence and traditional economic activity of the smallnumbered peoples; (As amended by Federal Law Gazette N 309-FZ; from 05.04.2009 N 40-FZ) 7) delegate authorized representatives of the small-numbered peoples of the small-numbered indigenous peoples representatives Councils with executive bodies of subjects of the Russian Federation and bodies of local self-government;
8) for damages caused as a result of damage of original habitat of the small-numbered indigenous peoples Wednesday economic activity of organizations of all patterns of ownership, as well as individuals;
9) receive assistance from the State to reform all forms of upbringing and education of the younger generation of the small-numbered indigenous peoples, taking into account the traditional ways of life and economy of the small-numbered indigenous peoples.
2. Persons belonging to such minorities, aiming at protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered indigenous peoples have the right to: 1) free of charge at places of traditional residence and traditional economic activity of the smallnumbered peoples of the lands of various categories necessary to carry out their traditional economic activity and traditional cropping and lessons common minerals in the manner laid down by federal law and laws of constituent entities of the Russian Federation; (As amended by the federal laws on 26.06.2007. N 118-FZ; from 05.04.2009 N 40-FZ) 2) to participate in the formation and activities of the Councils of representatives of minority peoples in bodies of executive authorities of the constituent entities of the Russian Federation and bodies of local self-government;
3) for damages caused as a result of damage of original habitat of the small-numbered indigenous peoples Wednesday economic activity of organizations of all patterns of ownership, as well as individuals;
4) the necessary small populations for protection of their indigenous habitat Wednesday, traditional ways of life, economic activity and cropping of the facilities on land and environmental management established by federal law, the laws of the constituent entities of the Russian Federation and the normative legal acts of local self-government bodies;
5) on a priority hiring for their specialty within the Organization of traditional economic practices and traditional crafts of minority peoples, created in their places of traditional residence and traditional economic activity; (As amended by the Federal law dated 05.04.2009 N 40-FZ)

6) in accordance with civil legislation, to create business partnerships and companies, industrial and consumer cooperatives, carrying out the traditional management and cropping of the small-numbered peoples together with persons belonging to such minorities, provided that not less than half of organizations created jobs will be provided for persons belonging to such minorities;
7) to priority acquisition organizations of traditional economic practices and traditional crafts of minority peoples in their places of traditional residence and traditional economic activity; (As amended by the Federal law dated 05.04.2009 N 40-FZ) 8) to receive social services in the manner prescribed by the legislation of the Russian Federation; (As amended by federal law from 22/08/2004, no. 122-FZ) 9) receive free medical care in State and municipal establishments zdravoohranenijav under the programme of State guarantees of obligatory medical insurance. (As amended by federal law from 22/08/2004, no. 122-FZ) Article 9. The right of persons belonging to such minorities, to replace military service with alternative civilian service for persons belonging to such minorities, leading a traditional lifestyle, exercising traditional housekeeping and engaged in traditional crafts, have the right to replace military service with alternative civilian service in accordance with the Constitution of the Russian Federation and federal law.
Article 10. Rights of persons belonging to such minorities to preserve and develop their cultural identity, persons belonging to such minorities, numerically small peoples Association in order to maintain and develop their distinct cultures and in accordance with the legislation of the Russian Federation shall have the right to: 1) maintain and develop native languages;
2) create public associations, cultural centers and national-cultural autonomy of minority peoples, minority peoples and development funds funds financial assistance to small populations;
3) created in accordance with the legislation of the Russian Federation and its material and financial capacities of a study group consisting of persons belonging to such minorities, for their training, traditional management and fisheries of the smallnumbered peoples;
4) to receive and disseminate information in their native languages, create media;
5) to abide by its tradition and perform religious rites, do not contradict federal laws, the laws of the constituent entities of the Russian Federation contain and protect places of worship;
6) establish and maintain communication with representatives of the small-numbered indigenous peoples living on 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 of minority peoples to socio-economic and cultural development, protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered indigenous peoples, as well as for self and responsibility for implementation of the own initiatives on issues of local importance, persons belonging to such minorities in places of their compact residence are entitled, in accordance with the federal laws to implement the territorial public self-government of minority peoples taking into account national , historical and other traditions. (Article in the Editorial Office of the Federal law dated 22/08/2004, no. 122-FZ) Article 12. A community of minority peoples and other associations of the small-numbered indigenous peoples 1. Persons belonging to such minorities, have the right to establish, on a voluntary basis, a community of minority peoples and other associations of minority peoples in accordance with their national, historical and cultural traditions for socio-economic and cultural development of minority peoples, the protection of their indigenous habitat Wednesday, traditional way of life, husbandry and cropping.
2. features of organization and activity of the small-numbered indigenous peoples communities and other associations of minority peoples are governed by federal laws and laws of constituent entities of the Russian Federation.
Article 13. (Repealed-Federal Act of 22/08/2004, no. 122-FZ) Article 14. Judicial protection of rights of minority peoples, persons belonging to such minorities, as well as combining minority peoples have the right to judicial protection of original Habitat, traditional way Wednesday of life, economic activity and cropping of the small-numbered indigenous peoples carried out in the manner provided for by federal laws.
In cases in which persons belonging to such minorities, act as plaintiffs, defendants, victims or accused, may be taken into account the traditions and customs of these peoples do not contradict federal laws and laws of constituent entities of the Russian Federation.
With a view to effective judicial protection of the rights of minority peoples are allowed to participate in the said judicial protection Commissioners, representatives of the small-numbered indigenous peoples.
Article 15. Bringing legal acts in compliance

with this federal law to propose to the President of the Russian Federation and to entrust the Government of the Russian Federation to bring its legal acts in compliance with this federal law.
Article 16. On the entry into force of this federal law this federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow April 30, 1999 N 82-FZ