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Normative-legal regulations of social, economic and
cultural development issues
In the modern policy of Russia small-in-number
indigenous peoples of the North take a special place. It is reflected in
the Constitution
of the Russian Federation which guarantees protection of rights and interests
according to the conventional principles and norms of international law
(Clause 69), protection of their primordial inhabitancy and a
traditional way of life (Clause 72). The constitutional principles allow to form the
principles of Russian national policy, legal field concerning
small-in-number indigenous peoples of the North.
Basic guarantees of rights of small-in-number
indigenous peoples are fixed
in the Charter of The Khanty-Mansiysk Autonomous Okrug. To
support the life activity of small-in-number native peoples about 40
legal acts have been adopted in the Okrug. Laws "On Languages of
Indigenous Small-in-Number Peoples of the North of the Khanty-Mansiysk
Autonomous Okrug", "On Traditional Kinds of Activity", "On Tribes of
Indigenous Small-in-Number Peoples in the Khanty-Mansiysk Autonomous
Okrug", "On Fishing", "On Hunting and Hunting Economy on the Territory
of the Autonomous Okrug", "On Program of Social and Economic Development
of Northern Indigenous Small-in-Number Peoples of the Khanty-Mansiysk
Autonomous Okrug for the period of 2002-2006" were adopted in 2001.
Draft bills "On Territory of Traditional Nature Management in the
Khanty-Mansiysk Autonomous Okrug", "On Tribal Lands in the
Khanty-Mansiysk Autonomous Okrug", "On National Enterprises in the
Khanty-Mansiysk Autonomous Okrug", "On Reindeer-breeding
on the Territory of the Khanty-Mansiysk Autonomous Okrug" are under
development.
Government of the Khanty-Mansiysk Autonomous Okrug
and regional self-government bodies pay much attention to realization of the state policy concerning small-in-number indigenous
peoples of the North, settling the Okrug territory. Decision of the Government of the Russian
Federation, dated July 27, 2001 # 564, establishes the Federal target
program of economic and social development of small-in-number indigenous
peoples of the North till 2011 in which the priority direction is
increasing of living standard of small-in-number indigenous peoples of
the North through the development of traditional economic fields based
on installation of new technologies of production processing,
housing provision, original culture, language and traditions
preservation and development.
Experience of the Khanty-Mansiysk Autonomous
Okrug in the sphere of legislative activity is unique because important
legal norms as follows are developed and adopted for the first time in
the Russian Federation:
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Status of the small-in-number peoples of
the North as the indigenous population is determined and fixed in
the central legal document of the Autonomous Okrug – Charter (Basic
Law) (was adopted by the Duma of the Khanty-Mansiysk Autonomous
Okrug on April 24, 1995);
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Institute of the representation of the Northern
peoples’ interests in the public authorities of the Autonomous Okrug
(Assembly of the representatives from the Northern small-in-number
peoples of the Duma of the Khanty-Mansiysk Autonomous Okrug) is
determined and realized;
-
Form of implementation of the
regional government by the indigenous small-in-number peoples of the
North in the places of their compact residence – Law of the
Autonomous Okrug "On General Principles of the Organization of the
Regional Government in the Khanty-Mansiysk Autonomous Okrug "
(adopted by the Duma of the Khanty-Mansiysk Autonomous Okrug on
December 20, 1995) is determined and fixed;
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Mechanism of interaction of
subjects carrying out the economic activities on the territories of
the traditional residence and traditional system of management and
small-in-number peoples of the North is developed.
Certainly, it is impossible to talk about the solution of all
problems of indigenous population by the legislative activities. Public authorities of the Autonomous Okrug are intended to form and
develop legislation which would allow to solve the most significant
issues concerning the life of small-in-number peoples of the North as
the indigenous population of the Autonomous Okrug and representatives of
the unique ethnos.
Activities of public authorities of the
Autonomous Okrug in the sphere of normative and legal regulation of
issues concerning the life activities of the Northern peoples consist of
several trends:
-
determination of the status of indigenous
small-in-number peoples of the North, living on the territory of the
Autonomous Okrug, and protection of their interests;
-
participation in the discussion of Federal laws
drafts regarding the indigenous small-in-number peoples of the North
(ISPN), drafting of Federal laws on social, economic and cultural
development of the indigenous small-in-number peoples of the North;
-
determination of the legal status of
territories of traditional nature management and economic activities
of the indigenous peoples of the North;
-
legislative regulation of various types of
economic activities of indigenous peoples of the North;
-
social protection of the indigenous peoples of
the North;
-
establishment of preferential taxation for
individuals and legal persons (national enterprises and communities,
engaged in traditional types of economic activities –fishing, fish
processing, hunting, reindeer breeding, collection and processing of
wild plants, mushrooms, nuts and berries, national crafts with about
50 % of employees from the indigenous small-in-number peoples of the
North);
-
Northern peoples’ social and economic
development programs drafting and adoption;
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drafting and adoption of by-laws, aimed at the realization of
Federal laws and laws of the Autonomous Okrug.
Information about legal support of
indigenous small-in-number peoples of the North for 2008
Decree of the Government of the Khanty-Mansiysk
Autonomous Okrug - Ugra #138-p "On realization of the law of the
Khanty-Mansiysk Autonomous Okrug - Ugra" "On program of the
Khanty-Mansiysk Autonomous Okrug "Social and economic development of
indigenous small-in-number peoples of the North in the Khanty-Mansiysk
Autonomous Okrug - Ugra" for 2008-2012" dated July 1, 2008;
Decree of the Government of the Khanty-Mansiysk
Autonomous Okrug - Ugra #208-p "On introduction of amendments to decree
of the Government of the Khanty-Mansiysk Autonomous Okrug - Ugra #138-p
dated dated July 1, 2008", dated October 08, 2008;
Decree of the Government of the Khanty-Mansiysk
Autonomous Okrug - Ugra #228-p "On Governor's grants of the
Khanty-Mansiysk Autonomous Okrug - Ugra to support projects promoting
keeping, development and popularization of folklore, traditions,
language, crafts of indigenous small-in-number peoples of the North"
dated November 1, 2008;
Decree of the Government of the Khanty-Mansiysk
Autonomous Okrug - Ugra #134-p "On organization and holding order of
regional sports events on national sports in the Khanty-Mansiysk
Autonomous Okrug - Ugra for the period of 2008-2012" dated June, 24,
2008;
Decree of the Government of the Khanty-Mansiysk
Autonomous Okrug - Ugra #140-p "On register of traditional management
territories of indigenous small-in-number peoples of the North of
regional significance in the Khanty-Mansiysk Autonomous Okrug - Ugra"
dated July 1, 2008;
Law of the Khanty-Mansiysk Autonomous Okrug - Ugra #
99-oz "On introduction of amendments to law of the Government of the
Khanty-Mansiysk Autonomous Okrug - Ugra "On program of the
Khanty-Mansiysk Autonomous Okrug "Social and economic development of
indigenous small-in-number peoples of the North in the Khanty-Mansiysk
Autonomous Okrug - Ugra" for 2008-2012" dated September 30, 2008;
Law of the Khanty-Mansiysk Autonomous Okrug - Ugra
#137-oz "On introduction of amendments to law of the Government of the
Khanty-Mansiysk Autonomous Okrug - Ugra "On program of the
Khanty-Mansiysk Autonomous Okrug "Social and economic development of
indigenous small-in-number peoples of the North in the Khanty-Mansiysk
Autonomous Okrug - Ugra" for 2008-2012" dated November 24, 2008.
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