scholarly journals Язык государствообразующего народа. Об одной поправке к российской конституции в контексте мифологической функции законодательного текста

2021 ◽  
Vol 12 (2) ◽  
pp. 213-224
Author(s):  
Jakub Sadowski

In the conditions of a rule-of-law state, the Constitution is the main reference point of its legal system, while in the realities of modern society living in a state governed by the rule of law, it may also have significant symbolic functions. The new wording of Article 68 of the Russian Constitution, proposed in the law of 2020 on the amendment to the Constitution, defines the state language – Russian – as "the language of the state-forming nation belonging to the multinational union of equal nations of the Russian Federation". In this article, this term is analyzed as evidence of the strategy to impose mythological functions on the legislative text. In case of the concept of "Russian language", this strategy manifested itself already in 2005 in the federal law on the State language, which established the status of the Russian language as a tool to "strengthen inter-ethnic relations in a unified multi-ethnic State". The law on the amendment of the Russian Constitution goes beyond the very introduction of mythological components into the legal text and presents a strategy to legitimize mythology through an act of general vote.

Author(s):  
Vesna Kosmajac ◽  

This paper presents a sociolinguistic analysis of the current linguistic situation in the Russian Federation. Preservation and development of the Russian language represents the national interest of the state. The Russian language has the status of a state language, but, given the large number of ethnic groups living on the territory of Russia, it must not jeopardise other national languages, as this could lead to inter-ethnic conflicts. Some of the key issues Russia is currently facing in this field are: the process of globalisation, the uncontrolled penetration of anglicisms into the Russian language, the adverse impact of the Internet and social networks on literacy, especially with the younger population. All valid rules of the Russian orthography are, in fact, prescribed by the Government of The Russian Federation. Laws regulating the area of language policy are the Constitution of the Russian Federation, the Law on the Languages of the Peoples of the Russian Federation, and the Law on the State Language of the Russian Federation.


2020 ◽  
Vol 01 (02) ◽  
pp. 1-6
Author(s):  
Sodirjon Bakievich Yakubov ◽  

The Law "On the State Language of the Republic of Uzbekistan" was adopted and the Uzbek language gained a legal basis. The law is an important factor that reflects the spirituality, psyche and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the thirtieth anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoyev said that "the Uzbek language has emerged as a powerful force uniting our people and mobilizing our society for great goals ...


2021 ◽  
Vol 5 (1) ◽  
pp. 124-140
Author(s):  
N. V. Vasilieva ◽  
S. V. Praskova ◽  
Yu. V. Pyatkovskaya

The subject of the study is the constitutional concept of federal territories in Russia. The purpose of the article is to confirm or disprove hypothesis that constitutional status of federal territories in Russia consists of system of elements and identify such elements. The authors use the method of formal legal interpretation of Russian Constitution, the methods of comparative constitutional law, complex analysis, systemic interpretation of Russian laws and drafts of laws. The main results of research, scope of application. When making an amendment to part 1 of Article 67 of the Constitution of the Russian Federation, the content of this innovation was not disclosed. Therefore the federal law on federal territories will be of decisive importance. The authors define the constitutional characteristics of the federal territories based on the literal content of the constitutional norm and the conclusion of the Constitutional Court of the Russian Federation. The federal territory is an element of the state territory that is not a subject of the federal structure and has a status different from the status of the constituent entities of the Russian Federation. There are specific features of the organization of public power in federal territory. The authors’ vision of the content of each of the elements of the federal territories is presented. It is noted that the defining element of the status of federal territories will be the purpose of their creation. The authors propose a conceptual division of federal territories in Russia into two types: inhabited and uninhabited. It is stated that at the moment, the status elements can be clearly defined only in relation to uninhabited federal territories. The formation of the concept of inhabited federal territories will depend on definition of the purpose of their creation. Conclusions. It is proposed to consider the elements of the status of federal territories in Russia, based on the elements of the status of the subject of the Russian Federation, and in comparison with them. Such elements are: territory, population, subjects of jurisdiction, responsibilities, state power organization, property and budget, system of taxes and fees, names and symbols, population’s role in the state affairs management.


2021 ◽  
Vol 7 (1) ◽  
pp. 119-140
Author(s):  
Nadia Gergało-Dąbek

Thirty years after Ukraine regained independence, in many areas of social life, Ukrainian as the state language is still ignored, eliminated or marginalized. The state status for this language in the Ukrainian Constitution of 1996 did not grant it such a function due to the post-colonial domination of the Russian language, the post-Soviet legacy of non-compliance with the law and impunity in breaking the law. The annexation of Crimea and Russian aggression in eastern Ukraine, under the pretext of defending the Russian-speaking population, made the ruling elite and Ukrainian citizens aware of the importance of the language issue for state security and conditioned the need for institutional and legal protection of the Ukrainian language as a state language. The establishment of the institution of the ombudsman of the state language has become a new element in the legal system of Ukraine. The ombudsman's activity in the field of controlling the use of the state language, its protection, functioning and development is an effective instrument for the implementation of the state's language policy. The legal protection of the Ukrainian language as a state language and the establishment of the institution of the linguistic ombudsman is received positively by the majority of Ukrainian society. Criticism from pro-Russian circles and the Russian government shows how important role the language issue plays in the hybrid war with Russia.


Author(s):  
Ramziddin Khayridinovich Abdusatarov ◽  

The Law “On the State Language of the Republic of Uzbekistan” was adopted and the Uzbek language gained a legal basis. The law is an important factor in expressing the spirituality, spirit and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the 30th anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoev said that “Uzbek as a state language has emerged as a powerful force uniting our people and mobilizing our society for great goals... Language is the wealth, values and property of the nation”.


2020 ◽  
Vol 1 (10) ◽  
pp. 37-48
Author(s):  
T. V. Dubrovskaya ◽  
E. I. Kozhevnikova

The article addresses the issue of language situation and language policy through the analysis of legislation. Taking a social constructionist approach to law, the authors claim that a legal text can be explored for the purpose of discovering typical representations and linguistic resources that conceptualise languages, language situation and language policy. The paper offers a concise overview of domestic and foreign scholarship in the field as well as offering definitions for the basic categories used in the research. The analysis of the Russian Federal Law “On the State Language of the Russian Federation” shows that the Russian language is constructed as a state language, which has a few aspects. It is represented as an instrument of national unity, an instrument of maintaining culture, and an instrument of international impact. In terms of semantic roles, the Russian language is represented not only as an agent and instrument, but also as a patient, the object of negative and positive impact. The contexts mentioning the Russian language and other languages and idioms construct the relations between the languages as mutually reinforcing (thus, constructing the semantics of unity) or mutually excluding (thus, constructing the semantics of opposition).


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


Author(s):  
Komang Ekayana

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 


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