scholarly journals Rights of Small Peoples Living in the European North of Russia in the Legislative Acts of the Russian Federation

REGIONOLOGY ◽  
2019 ◽  
Vol 27 (1) ◽  
pp. 82-99
Author(s):  
Anna Yu. Kuznetsova
Keyword(s):  
Ethnic Groups ◽  
Dispute Settlement ◽  
Mother Tongue ◽  
National Policy ◽  
The State ◽  
Comparison Results ◽  
Wide Range ◽  
The Status ◽  
The Right ◽  
Dispute Settlement Procedure

Introduction. The work is of relevance due to the ambiguity of the status of small peoples: legislation of many countries (including Russia), being aimed at supporting small ethnic groups, is difficult to implement in practice. The article intends to analyze the situation concerning small ethnic groups living in Russia, created by the system of legislative acts. Materials and Methods. The study employed the method of content analysis, which allowed for a qualitative analysis of documents and their subsequent valid interpretation and comparison. Results. It has been revealed that Russia has not ratified the UN Declaration on the Rights of Indigenous Peoples and has its own understanding of the term; therefore the state does not recognize the right of peoples to own lands and does not establish a dispute settlement procedure. In theory, Russia provides ethnic groups with a wide range of rights, for example, the right to use lands and the right to receive education in their mother tongue. However, imp lementation of these provisions is often limited or completely impossible due to insufficient resources or conflicts of laws. It has been identified that generally the legislation makes provision for strengthening the unity and integrity of the state as the main goal of the state national policy. Discussion and Conclusion. The legislation on small peoples is of a declarative nature, so there is a need for regulation of relations between the state, enterprises and the indigenous population. Since the legislation is quite flexible due to changes in society, further monitoring of the acts adopted by the state on small ethnic groups and of the mechanisms introduced is necessary and appears to be a matter for further research.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Language Use and Sustainable Development: Opportunities and Challenges for Policy-Makers and Educators in Northeast Vietnamese Areas

2018 ◽  
Vol 2 (2) ◽  
pp. 122-130
Author(s):  
Ha Ngan Ngo ◽  
Maya Khemlani David
Keyword(s):  
Ethnic Groups ◽  
Language Use ◽  
Mother Tongue ◽  
Language Shift ◽  
Minority Languages ◽  
Policy Makers ◽  
Positive Attitudes ◽  
The Status ◽  
Wedding Songs

Vietnam represents a country with 54 ethnic groups; however, the majority (88%) of the population are of Vietnamese heritage. Some of the other ethnic groups such as Tay, Thai, Muong, Hoa, Khmer, and Nung have a population of around 1 million each, while the Brau, Roman, and Odu consist only of a hundred people each. Living in northern Vietnam, close to the Chinese border (see Figure 1), the Tay people speak a language of the    Central    Tai language group called Though, T'o, Tai Tho, Ngan, Phen, Thu Lao, or Pa Di. Tay remains one of 10 ethnic languages used by 1 million speakers (Buoi, 2003). The Tày ethnic group has a rich culture of wedding songs, poems, dance, and music and celebrate various festivals. Wet rice cultivation, canal digging and grain threshing on wooden racks are part of the Tày traditions. Their villages situated near the foothills often bear the names of nearby mountains, rivers, or fields. This study discusses the status and role of the Tày language in Northeast Vietnam. It discusses factors, which have affected the habitual use of the Tay language, the connection between language shift and development and provides a model for the sustainability and promotion of minority languages. It remains fundamentally imperative to strengthen and to foster positive attitudes of the community towards the Tày language. Tày’s young people must be enlightened to the reality their Tày non-usage could render their mother tongue defunct, which means their history stands to be lost.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals Issues of Primary and Secondary Education in the Activities of the State Duma of the Russian Empire (1906—1917)

2021 ◽  
pp. 241-255
Author(s):  
S. V. Darchieva ◽  
A. V. Darchiev
Keyword(s):  
Primary Schools ◽  
National Policy ◽  
The State ◽  
The Status ◽  
Legislative Initiative ◽  
Legislative Activity ◽  
The Russian Empire ◽  
National Languages ◽  
Goals And Objectives

The role of the first Russian parliament in the formation and development of the education system in the country is considered. The activity of deputies on the solution of the most pressing issues in the period from 1906 to 1917 is analyzed. The scientific novelty of the research lies in the consideration of the State Duma as the most important legislative body in the creation of the educational system in Russia. The discrepancy between the interests of the authorities and society, their different understanding of the goals and objectives of objectively overdue transformations, which is reflected in the legislative activity of the State Duma is revealed. It is indicated that a significant place in the national policy of the state was occupied by issues of education and the status of national languages. It is shown that as a result of active legislative initiative and the position of deputies in the development of bills “On the introduction of universal education”, “On the reform of secondary schools”, government spending on secondary and primary education increased several times. It is noted that as a result of the activities of the deputies of the State Duma of the III convocation, significant amendments and additions were made to the bill “On higher primary schools”, which was adopted in 1912.

INTERACTION OF DOMINANT PARTY WITH ETHNIC GROUPS IN COMPETITIVE AUTHORITARIANISM IN MALAYSIA

2020 ◽  
Vol 14 (3) ◽  
pp. 107-113
Author(s):  
Tatiana Lavrova ◽  
Keyword(s):  
Ethnic Groups ◽  
Historical Context ◽  
The State ◽  
Power Sharing ◽  
Competitive Authoritarianism ◽  
Dominant Party ◽  
State Apparatus ◽  
The Status ◽  
The Stability ◽  
And Control

The author covers the question of the stability of competitive authoritarianism in Malaysia. In this case, such a regime is particularly stable, possibly due to the developed and institutionalized model of interaction between the dominant party and ethnic groups, implemented in the conditions of the polyethnic composition of the state. It was crucial to take into account the historical context of the British colonization of Malaysia, which had led to the influx of migrants, and the presence of a political party in power for 61 years, which was practically merged with the state apparatus and fully represented only one ethnic group. "Ethnic outbidding" implemented by the dominant party UMNO provided a numerically greater population with benefits in exchange for support of the ruling party. Simultaneously, the incorporation of ethnic groups into the state's political structure and the use of the power-sharing model allowed UMNO to act as an umbrella party and to maintain the status quo. The unspoken Treaty, first, was based on granting the privilege to the indigenous Malay population, and, second, protected the interests of non-Malays. Thus, granting bumiputera and non-Malays certain privileges, the establishment was able to consolidate a non-democratic regime and control over complex Malaysian society.

The Meaning and Liberal Justifications of Israel's Law of Return

2009 ◽  
Vol 42 (3) ◽  
pp. 564-602
Author(s):  
Dan Ernst
Keyword(s):  
National Identity ◽  
The State ◽  
Reasonable Expectation ◽  
Jewish Immigration ◽  
The Status ◽  
The Law ◽  
The Right ◽  
Law Of Return ◽  
State Of Israel ◽  
Land Of Israel

The Article argues for a new assessment of the significance of Israel's Law of Return—that the Law of Return reflects not the sovereign prerogative of a state to control immigration, but the right of every Jew to settle in the Land of Israel. This understanding of the Law of Return explains why Section 4 proclaims that as far as the Law is concerned, the status of Jews born within the State of Israel is the same as those arriving to Israel from abroad. Resolving the anomaly of Section 4 dispels several misinterpretations of the Law of Return and the critiques of the Law which grow out of these misinterpretations. The Article also surveys and answers several liberal objections to Israel's policy of granting preference in immigration and naturalization based on ethno-national identity and presents an argument, for giving priority to Jewish immigration and naturalization based on the extra benefits (religious, political, and communal) that Jews receive from such immigration and naturalization. Finally, it is submitted that the State of Israel has an obligation of justice to admit Jews into the state as full citizens upon their demand, since this was a reasonable expectation of those in past generations who had contributed to the existence and maintenance of the state.

scholarly journals PRINCIPLES OF ELECTRONICIZATION OF PUBLIC PROCUREMENT

2019 ◽  
Vol 4 (3) ◽  
pp. 273-281
Author(s):  
Anna SLOBODIANYK
Keyword(s):  
Public Procurement ◽  
Marketing Research ◽  
The State ◽  
Process Efficiency ◽  
Procurement Process ◽  
Economic Agents ◽  
Wide Range ◽  
State And Local ◽  
The Right ◽  
Procurement System

Introduction. In the civilized world, the principles of public procurement are based on austerity criteria; fairness and impartiality of contract award decisions; publicity of the procurement process; efficiency of the procurement process; the importance of accountability. The purpose of the research is to analyze the transfer of the procurement system in electronic format as an effective tool for the goods acquisition, works and services in order to financially support the functioning of state structures to serve public needs, which are maintained mainly at the expense of the state and local budgets. Results. The article deals with the concept essence of «electronic procurement» – that is the newest way of procurement, because it is the passing and controlling in the electronic environment of all stages of the procurement cycle, including marketing research, determining the range of economic agents, procedures for purchasing, placing orders, delivering and paying for them, budgeting and planning for purchases by government agencies. An efficient e-procurement system is highlighted, the key to which is the electronicization of the procurement process, which helps to reduce the operating costs of customers and suppliers; speeding up the procurement process and saving time; a wide range of suppliers; simple and convenient management of the procurement process; clear and transparent access to purchasing information. Conclusions. The electronic public procurement system makes it easier for participants to get started with the state, find the right procurement, submit a bid and win bidding, since all the procurement information is available on the procurement page, and in the change case in the tender documentation, all previous revisions of documents remain in the system, which can be downloaded and viewed. Such transparency of the procedure makes it possible to prevent corruption risks and is a way to develop democratic and open processes in society. Keywords: public procurement, participant, customer, Law of Ukraine "On Public Procurement", tender, auction, public procurement, bidding, open bidding.

scholarly journals Z PROBLEMATYKI PRZEKSZTAŁCENIA PRAWA UŻYTKOWANIA WIECZYSTEGO W PRAWO WŁASNOŚCI

2017 ◽  
Vol 3 (2) ◽  
pp. 63
Author(s):  
Adam Brzozowski
Keyword(s):  
Local Governments ◽  
Current System ◽  
Common Knowledge ◽  
Rational Solution ◽  
Status Quo ◽  
The State ◽  
Property Right ◽  
Special Cases ◽  
The Status ◽  
The Right

From the Problems of a Transformation from Perpetual Usufruct to Property RightSummaryAn analysis of a normative state and a practice of a conduct of legal transactions with reference to legal regulations of perpetual usufruct and also of a transformation of this right into property right permits a statement that in Polish Law there came into being a system of norms completely unintelligible, excessively complicated, internally contradictory, bureaucratic and too costly for the national budget, local governments and perpetual usufructuaries. The primary cause of the status quo was the lack of a clearly defined objective at which the legislator was aiming. Expediency was implemented at the expense of system principles. It led to interventions of the Constitutional Tribunal. The legislator hedged, made successive provisions not only internally contradictory but also arousing new doubts as to their compliance with the Constitution of the Republic of Poland.It seems that the only rational solution of the status quo is to forego the right of perpetual usufruct by enfranchising perpetual usufructuaries. However, it has to be a regulation based on foundations completely different than these hitherto existing.The transformation should cover all perpetual usufructuaries, regardless of the mode and the time of their acquisition of this right, and should ensue ex lege. This would result in a significant simplification of a construction of the transformation. Given a tremendous interest of perpetual usufructuaries in the transformation, it would significantly reduce the amount of office labour and attendant costs incurred by them. At the same time affranchisement would become universal. Further simplification and lowering costs of transformation would require that entries in mortgage registers should be evidenced ex officio at the time of the first transaction relating to a given mortgage register. Since affranchisement in a discussed mode would cover all perpetual usufructuaries ex lege, it would be obvious that persons evidenced in a register as perpetual usufructuaries are property owners until a new entry is made.There should be no exception from the basic principle of universality of affranchisement of perpetual usufructuaries. It has to be assumed that land charged with perpetual usufruct has not been indispensable for the hitherto existing owner (the State Treasury, local government units) in order to perform their basic tasks. In special cases these units may employ an expropriation.The most difficult problem of the hitherto existing regulations faced has been the question of compensation due to hitherto owners from the fact of a loss of ownership as a result of a transformation. I propose to regulate these settlements in such a way that an enfranchised perpetual usufructuary should be charged with such performances as he was charged with hitherto as a perpetual usufructuary. In other words: he would be charged with an obligation to pay annuity during a period for which he has been granted, the right to perpetual usufruct, transformed into property right. In exchange for a performance, which in any case he would have to provide as per agreement, the former perpetual usufructuary would obtain a better right - property right. According to the proposition under discussion, the regulation would have a system character, in a long-term it would allow to effect such a reform of public finances that hitherto existing owners could perform their assigned tasks financing them from performances of a tribute type, and not from perpetual usufruct. One would have to consider the advisability of maintaining in force the principles of determining an amount of an annuity. It seems that instead of the current system (expensive and inefficient) there should be introduced a principle of a yearly raising of annuity according to a rate of inflation.It’s common knowledge that appreciable part of immovables of the State Treasury and municipal immovables originate from different kinds of „expropriations” carried out in the period of PRL [People’s Republic of Poland]. To secure claims of former owners I propose to create a special fund, meant for indemnities satisfying these claims, from obligatory written off amounts gained from receipts from former perpetual usufructuaries.

scholarly journals Akibat Hukum Pemisahan Hak Beragama dengan Hak Berkepercayaan dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

2019 ◽  
Vol 16 (2) ◽  
pp. 274
Author(s):  
Muwaffiq Jufri ◽  
Mukhlish Mukhlish
Keyword(s):  
Civil Rights ◽  
The State ◽  
Legal Reason ◽  
Indigenous Religion ◽  
Local Religion ◽  
Religious Convictions ◽  
The Status ◽  
The Law ◽  
The Right

Pemisahan agama dan kepercayaan dalam konstitusi adalah suatu kebijakan yang menimbulkan beragam permasalahan. Seringkali para penghayat kepercayaan mengalami intimidasi ataupun hal-hal lain yang mengganggu pelaksanaan hak sipilnya untuk menganut dan mengamalkan ajaran kepercayaan yang dianutnya. Dengan dalih kepercayaan bukan agama, para pelaku anarkisme seringkali melakukan pelarangan dan kekerasan terhadap para penganut kepercayaan. Kajian ini menggunakan metode penelitian hukum normatif. Sedangkan hasil penelitiannya ialah bahwa 1) Alasan hukum pemisahan pengaturan antara agama dengan aliran kepercayaan disebabkan oleh politik pembedaan pendefinisian keduanya dimana kepercayaan diamsusikan sebagai tradisi dan ajaran luhur masyarakat yang bersumber dari budaya yang keberadaannya di luar agama. 2) Pemisahan agama dan kepercayaan berakibat hukum tidak diakuinya aliran kepercayaan sebagai agama resmi negara, padahal status aliran kepercayaan merupakan agama lokal yang diyakini sebagai agama oleh para penganutnya. Pemisahan ini juga mengakibatkan hadirnya beragam sikap diskriminatif yang berpotensi mengganggu dan merampas hak setiap warga negara dalam meyakini suatu agama, dalam hal ini hak beragama yang diganggu dan dirampas ialah hak untuk meyakini agama lokal sebagai agama warisan leluhur bangsa Indonesia. The separation of religion and indigenous religion in the constitution is a policy that causes various problems. Often the beliefs of the indigenous religion are intimidating or other things that interfere with the exercise of civil rights to embrace and put into practice the beliefs embraced. Under the pretext of non-religious convictions, the perpetrators of anarchism often make prohibitions and violence against believers. This research uses normative legal methods. The results of the research are: The first, the legal reason for the separation of rules between religion and indigeneous religion is caused by the politics of defining both of them in which beliefs are interpreted as traditions and noble teachings of society originating from cultures which are outside of religion; The second, that the separation of religion and indigenous religion that is caused in the law does not recognize the indigenous religion as the official religion of the state, while the status of the indigenous religion is a local religion that is considered as a religion by his believers. This separation also makes several of discriminatory attitudes come up to have potency in disrupting and robbing every citizen’s right to believe in a religion. In this case, the right which is bullied is the right to believe in local religion as the religion of the Indonesian ancestral heritage.

scholarly journals The Right of Thirst: Water as a Human Right and as a Commons

2018 ◽  
Vol 20 (3) ◽  
pp. 637-645 ◽  
Keyword(s):  
Social Movements ◽  
Natural Resource ◽  
Present Condition ◽  
Human Right ◽  
Social Fact ◽  
Wide Range ◽  
The Status ◽  
Economic Good ◽  
The Right

<p>Water is not only a vital natural resource but is also a social symbol that makes it a ‘total social fact’. ‘Hydroschizophrenia’ is a term that characterizes the present condition of the status of water and reflects a disconnection between water and society. Liberal environmentalism considers the environment as an economic good. The privatization of water invokes a wide range of reactions, social movements and protests. The primary concepts that underlie the movement against the privatization are the human right to water and water as a commons. These concepts are traced to the idea of the ancient ‘right of thirst’.</p>

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