Support for small peoples. Subprogram “Support for Indigenous Minorities of the North”

From the above examples, the inconsistency of the legislator in regulating relations related to the use of traditional economic territories is obvious. The norms are formulated in general terms, without sufficient detail, which does not ensure adequate protection of the rights of the indigenous population and their effective participation in resolving issues affecting their interests. It seems possible to make the following amendments to the legislation:

1) establish the priority of lands of traditional economic activity over lands of industry, transport, etc.;
2) establish a strictly targeted use of land for traditional economic activities (namely: for conducting traditional farming);
3) establish the binding nature of decisions made as a result of a referendum on issues of land provision;
4) clearly regulate the procedure for the participation of public organizations in resolving these issues;
5) establish clear deadlines for informing the indigenous population on issues affecting their interests.

For the preservation of culture, not only the fact that indigenous peoples have land is important, but also its qualitative characteristics. In this regard, the legislative regulation of environmental legal relations draws attention. These relations at the subject level are regulated by the Law of the Yamal-Nenets Autonomous Okrug “On Specially Protected Natural Territories of the Yamalo-Nenets Autonomous Okrug.” This law contains only 11 articles, duplicating the provisions of federal legislation in their content. The law does not provide for other categories of specially protected natural territories, except for those provided for in the Federal Law of the Russian Federation “On Specially Protected Natural Territories”, although this Federal Law provides for such a possibility in Part 2 of Art. 2. The relevant Law of the Autonomous Okrug, in essence, does not introduce anything into environmental protection; it only delineates the powers of state authorities of the Autonomous Okrug and local government bodies.

Regarding the indigenous peoples of the North, Part 1 of Art. 7 of the Law of the Yamal-Nenets Autonomous Okrug “On Specially Protected Natural Territories of the Yamalo-Nenets Autonomous Okrug” establishes that in the territories of state natural reserves where small ethnic communities live, it is allowed to use natural resources in forms that ensure the protection of the original habitat of these ethnic communities and the preservation of their traditional image life. This norm repeats Part 4 of Art. 24 of the Federal Law of the Russian Federation “On Specially Protected Natural Areas”.

It is obvious that there is a direct connection between the state of the natural environment and the state of economic activity of indigenous peoples, and therefore the preservation of their ethnoculture. But legislation in this area practically does not take into account the peculiarities of northern environmental management.

An important problem in preserving the culture of indigenous peoples is the threat of assimilation. Clause 2 of Art. Article 5 of the UN Framework Convention for the Protection of National Minorities states: “Without prejudice to measures taken within the framework of their general integration policy, the Parties shall refrain from any political or practical action aimed at the assimilation of persons belonging to national minorities against their will and shall protect these persons from any actions aimed at such assimilation.”

In this regard, please note that within the framework of the program “Providing housing for citizens from among the indigenous peoples of the North”, in accordance with clause 4.1 of the Regulations on the implementation in 2005 of the main activities of the program “Providing housing for citizens from among the indigenous peoples of the North” of the District Target “Housing” program for 2005-2010, the provision of housing to citizens from among the indigenous peoples of the North is carried out through the provision of housing subsidies. According to Part 2 of Art. 15 of the Housing Code of the Russian Federation, all residential premises are immovable. But the program “Providing housing for citizens from among the indigenous peoples of the North” does not provide assistance in relation to the purchase of tents by the population. If a person does not own a home, then in such a situation he has no choice.

Thus, with the formal recognition of the right of indigenous peoples to use their culture, in reality, sufficient conditions are not created for the implementation of this right. In this situation, it is necessary to find a balance between the economic development of the state and the preservation of cultural pluralism. Currently, the dominance of the economic interests of the state is obvious. To achieve balance, it is necessary for authorities and society to understand the value of different paths of cultural development. Every person should have freedom of choice, including the freedom to choose value guidelines. It is necessary to realize the importance and respect not only of the rights that ensure the physical existence of a person, but also of his spiritual development.

As already stated, indigenous peoples have the right to full and unhindered participation in all aspects of society, in particular in matters affecting them. In accordance with Art. 7 of the Law of the Yamal-Nenets Autonomous Okrug “On state support for communities of indigenous peoples of the North and organizations carrying out traditional types of economic activities in the territory of the Yamalo-Nenets Autonomous Okrug”, these communities and organizations have the right:

1) make proposals to the executive authorities of the Autonomous Okrug to improve the system of state support provided in the Autonomous Okrug;
2) participate in decision-making on issues of providing state support;
3) participate in the development of regional target programs and monitoring their implementation.

Human development policies in the region should be based on partnerships between civil society actors, business and government.

Improving the institutions of civil society will help further the development of democracy. This will be served by qualitatively new approaches and mechanisms for the development of social partnership, expansion of forms of public self-government, public self-organization of citizens, and improvement of the legal culture of the population of the Autonomous Okrug. It is necessary to continue to create socio-economic, cultural, spiritual and legal conditions and prerequisites for the free development of the individual; as well as the development of mechanisms for public participation (through examinations, consultations, monitoring, public hearings) in discussing the most important issues of economic, social and public development of the Autonomous Okrug.

A set of measures aimed at:

- strengthening the material and technical base of communities and personal nomadic households through technical equipment, acquisition of vehicles and small equipment;
- acquisition of a small refrigerated fleet and construction of mini-workshops for processing products of traditional economic sectors;
- creation of a material and technical base for the development of ethnological, environmental and hunting tourism.

Factories of a new type will become socio-cultural and economic centers in inter-settlement areas to serve the nomadic population. Services will be provided here for procurement activities, trade, temporary accommodation of the tundra population and tourists, carrying out veterinary activities in reindeer herding farms and counting of reindeer, organizing nomadic schools and summer children's camps, etc. The provision of household services (bathhouse, laundry, hairdresser, etc.) is provided.

In order to preserve such cultural heritage monuments as Mangazeya, Ust-Poluy, Gorny Samotnel-1, monuments of the Vaikara region and others of great historical significance, measures will continue to maintain excavation sites in a condition allowing archaeological work to be carried out.

A complex of restoration work and ethnographic research of the region is planned. It is planned to create a museum and memorial complex dedicated to the history of railway construction No. 501 “Chum-Salekhard-Igarka”.

In addition to the fact that the historical heritage remains important in the process of educating the younger generation, its importance in the socio-economic context is growing.

The development of cultural heritage monuments and the creation of museum-historical complexes of the history and practice of development of the North will allow:

- increase the tourist attractiveness of the Autonomous Okrug;
- expand opportunities for citizens to become familiar with historical and cultural values, increase interest in the history of the Autonomous Okrug;
- increase the level of civil responsibility of the population for the preservation of cultural heritage sites;
- ensure the safety of unique scientific information about objects of archaeological heritage and replenish the museum fund with archaeological collections.

In order to familiarize children and youth with the history and culture of their native land, the organization of summer archaeological camps will continue. The development of state and municipal mass media will contribute to increasing the level of awareness of residents of the Autonomous Okrug about the transformations being carried out in the region, about socio-economic and cultural development, and improving the political system information. It is planned to ensure the creation of technical conditions for the operation of municipal television and radio companies in the operating mode of a single district broadcast channel, and to modernize the printing base.

In order to create a real possibility of exercising the rights granted to communities and organizations, it is necessary:

1) establish the procedure for the response of executive authorities to proposals to improve the system of state support provided in the autonomous region and responsibility for improper fulfillment of this duty;
2) assign to the executive authorities of the subject the obligation to inform indigenous peoples about the consideration of issues in which they can take part, or create commissions with the permanent participation of representatives of indigenous peoples of the North.

According to Part 2 of Art. 7 of this Law, the executive authorities of the Autonomous Okrug may form commissions for the distribution and expenditure of funds to provide state support. The commission may include representatives of communities of indigenous peoples of the North and organizations engaged in traditional types of economic activities. It is obvious that the formation of commissions is left to the discretion of the executive authority, and it is unclear who and how decides on the participation of representatives of indigenous peoples.

Article 15 of the Framework Convention for the Protection of National Minorities states: “The Parties undertake to create the necessary conditions for the effective participation of persons belonging to national minorities in cultural, social and economic life and in the conduct of public affairs, especially those affecting them.” It is obvious that the norms devoted to the participation of indigenous peoples of the North in resolving issues affecting their interests are non-systematic, non-specific, and require more detailed development.

The right of national minorities to participate in governance is provided for in Art. 21 of the Universal Declaration of Human Rights, paragraph “a” of Art. 25 of the International Covenant on Civil and Political Rights, Art. 15 of the Framework Convention for the Protection of National Minorities.

In the Yamalo-Nenets Autonomous Okrug, the right of indigenous peoples to govern is being realized to a certain extent. According to Art. 42 of the Charter of the Yamal-Nenets Autonomous Okrug, the State Duma of the Autonomous Okrug consists of 22 deputies, three of whom represent indigenous peoples. Taking into account the fact that the population of the Yamalo-Nenets Autonomous Okrug is 507 thousand people, of which about 37 thousand people (7.3%) are representatives of indigenous peoples, then on average there is 1 deputy per 23 thousand people, and 37 thousand Nenets, Khanty and Selkup - 3 deputies. It would seem that the advantageous position of indigenous peoples is obvious. At the same time, it is unlikely that 3 deputies can effectively defend the rights of indigenous peoples. It should be noted that this system of representation still makes it possible to partially realize the right of the indigenous peoples of the Yamalo-Nenets Autonomous Okrug to govern, while, for example, in the neighboring Nenets Autonomous Okrug such a procedure for forming a district legislative body is not provided.

To solve the problem of developing an effective mechanism for the participation of indigenous peoples in management, it is necessary to take into account, in our opinion, the features of traditional legal culture. The literature on the customary law of the Yamal aborigines contains an indication of the primacy of duties in the “right-duty” system. The norms of customary law contain for the most part not positive instructions, but prohibitions. The sources also indicate that decisions made by public meetings or elders were extremely rarely appealed. A person of traditional culture did not see himself outside of society. If he did not agree with the opinion of the public meeting, then he could not live in this society. Thus, the traditional legal consciousness has not developed an attitude towards defending one’s rights. However, at the same time, representatives of the indigenous population to this day are sensitive to traditional prohibitions, and, therefore, if possible, they will monitor their compliance.

These features of traditional legal culture must be taken into account when developing mechanisms for the participation of indigenous people in the conduct of public affairs. In particular, it is quite possible to create a fundamentally new system of representation of the indigenous population in government bodies.

Thus, under the State Duma of the Yamalo-Nenets Autonomous Okrug, it is possible to create a body elected from representatives of indigenous peoples and only by the indigenous population. This body should have the right of veto when resolving issues affecting the interests of indigenous peoples. The list of such issues should be fixed by law, and, in addition, there should be a possibility of appealing this decision in court either by an initiative group of people belonging to indigenous peoples, or by a public organization of these peoples. In our opinion, this system is capable of taking into account a number of features of the traditional legal consciousness of the indigenous peoples of the North in the Yamalo-Nenets Autonomous Okrug and will allow them to more effectively implement and protect their rights.

Providing social support measures to persons from among the indigenous peoples of the North, Siberia and the Far East, leading a traditional way of life and economic activity, is one of the important areas of social policy implemented in the constituent entities of the Russian Federation.

Thus, in the Yamalo-Nenets Autonomous Okrug, an indicator of the security of persons leading a traditional lifestyle of indigenous peoples of the North is the regional standard of minimum material security for these persons. The regional standard of minimum material security for persons leading a traditional way of life of indigenous peoples of the North is understood as an indicator of the security of persons leading a traditional way of life of indigenous peoples of the North, expressed in the material resources necessary for these persons to maintain a sufficient level of their livelihoods, a list and consumption standards which are determined by decree of the Government of the Autonomous Okrug.

Guarantees of the rights of persons leading a traditional way of life of indigenous peoples of the North in the Yamalo-Nenets Autonomous Okrug in the field of health care and social protection are implemented through the organization of medical care for persons leading a traditional way of life of indigenous peoples of the North, at the place of their actual residence, in including in remote places of traditional residence and traditional economic activities of indigenous peoples of the North, the development of mobile forms of medical care in places of traditional residence and traditional economic activities of indigenous peoples of the North.

Persons from among the indigenous peoples of the North, permanently residing in the territory of the Yamalo-Nenets Autonomous Okrug and leading the traditional way of life of the indigenous peoples of the North, associated with traditional economic activities in the territory of the Yamalo-Nenets Autonomous Okrug, are provided with a monthly allowance in the amount of 3,000 rubles. It should be noted that in accordance with Art. 18-3 of the Law of the Yamalo-Nenets Autonomous Okrug dated November 3, 2006 No. 62-ZAO “On measures of social support for certain categories of citizens in the Yamalo-Nenets Autonomous Okrug”, minors leading the traditional lifestyle of indigenous peoples of the North have the right to receive a monthly allowance upon reaching aged 14 years, who have not mastered educational programs in educational organizations on a full-time basis, from among the indigenous peoples of the North in the Autonomous Okrug.

Orphans and children left without parental care from among the indigenous peoples of the North, raised by a guardian (trustee) or in a foster family leading a traditional way of life (reindeer herding), but upon reaching adulthood, are provided free of charge to conduct traditional economic activities on a per-person basis child with 40 tent poles, one winter and one summer (tarpaulin) tent, one tent stove, as well as 30 deer, including 10 vazhenkas. Additional social support measures apply to orphans and children left without parental care from among the indigenous peoples of the North - graduates of state and municipal organizations for orphans and children left without parental care, subject to their transfer to the management of traditional way of life.

In accordance with Art. 9 of the Law of the Khabarovsk Territory of November 28, 2012 No. 241 “On the support of domestic northern reindeer herding in the Khabarovsk Territory”, reindeer herders working in reindeer herding farms of the region are provided with monthly cash payments in the amount of 10,000 rubles for a nomadic and (or) semi-nomadic lifestyle, and reimbursement is also provided for the cost of travel once a year on air, water, rail and (or) road intercity transport within the territory of the region associated with travel for social needs (medical examination, treatment, prosthetics, recreational recreation) , and also provide vouchers for sanatorium-resort treatment.

In addition, children of reindeer herders studying in institutions of primary general, basic general, secondary (complete) general education or full-time education in institutions of primary vocational, secondary vocational and higher vocational education are provided with annual cash payments in the amount of 5,000 rubles. These payments are provided to children of reindeer herders until they reach the age of 23, provided that they continuously stay in nomadic areas for at least 30 days during the summer holidays.

Citizens working as reindeer herders in reindeer herding farms of the Komi Republic are provided with monthly compensation payments for a nomadic and semi-nomadic lifestyle in the amount of 4,000 rubles. Monthly compensation payment is provided:

individuals who are in an employment relationship with an organization conducting reindeer herding, regardless of its organizational and legal form, registered in the prescribed manner on the territory of the Komi Republic;
individuals who are in an employment relationship with an employer - an individual entrepreneur running a reindeer herding farm, registered in the prescribed manner on the territory of the Komi Republic;
individual entrepreneurs running, including individually, a reindeer herding farm, registered in the prescribed manner on the territory of the Komi Republic;
heads of peasant (farm) enterprises conducting reindeer herding, registered in the prescribed manner on the territory of the Komi Republic.

Reindeer herders and plague workers employed in reindeer herding farms of the Nenets Autonomous Okrug, including in communities of small peoples, are entitled to monthly social payments in the amount of 2,000 rubles. In addition, they are provided with one-time social payments to compensate for the costs of receiving additional paid medical services, in particular, for obtaining a permit to store and carry weapons in the amount of no more than 3,000 rubles. once every five years, as well as receiving medical drug treatment in the amount of no more than 5,000 rubles. once every three years. These persons are annually provided with first aid supplies (medical kits worth 2,000 rubles), and at the birth of a child, hygiene products for the newborn.

Reindeer herders and plague workers employed in reindeer herding farms of the Nenets Autonomous Okrug are provided with a monthly compensatory social payment in the amount of 6,000 rubles for each child aged 1.5 to 8 years living with them. It should be noted that a monthly compensatory social payment is not assigned, and the payment assigned is terminated if the child is enrolled in an educational organization that implements an educational program of preschool or primary general education, or the child is placed on full state support in a state (municipal) educational organization or in a medical organization state (municipal) healthcare system located on the territory of the Nenets Autonomous Okrug. Monthly compensatory social payment is not provided to the above persons for children aged 1.5 to 4 years if they receive social support measures in accordance with the Law of the Nenets Autonomous Okrug dated March 22, 2011 No. 10-03 “On monthly compensatory social payment to a parent or other the legal representative who lives together and actually raises the child at home.”

Reindeer herders and employees of transshipment bases employed in reindeer herding farms of the Magadan region, including in communities of small peoples (as well as persons aged 14 to 18 years, students of general educational organizations of the Magadan region, employed in reindeer herding brigades during the summer holidays), are provided with a monthly social payment in the amount of 6,000 rubles, and once every five years, expenses for obtaining additional paid medical services for the purpose of obtaining a permit to store and carry weapons in the amount of 3,000 rubles are compensated.

These persons have the right to a one-time social payment at the birth of a child in the amount of 5,000 rubles. for the purchase of hygiene products for the newborn. For each child aged 1.5 to 7 years who does not attend a preschool educational organization, living together with parents or other legal representatives leading a nomadic lifestyle, a monthly social payment in the amount of 6,000 rubles is provided.

Reindeer herders working in reindeer herding farms in the territory of the North Evensky urban district, in need of improved housing conditions, have the right to purchase and (or) repair residential premises in populated areas of the North Evensky urban district, subject to employment in reindeer herding farms for at least five years.

Women reindeer herders working directly in reindeer herding brigades are given a one-time payment in the amount of 5,000 rubles in connection with pregnancy; A lump sum payment in connection with the birth of the first child is provided in the amount of 15,000 rubles, for each subsequent child the size of the lump sum payment increases by 3,000 rubles. from the previous payment.

Social protection of indigenous peoples of the North, Siberia and the Far East - a system of state-guaranteed economic, legal measures and measures of social support for persons from among the indigenous peoples of the North, Siberia and the Far East, aimed at preserving and developing the traditional way of life, ancestral habitat, economic activities and industries.

See: art. 1 of the Law of the Yamalo-Nenets Autonomous Okrug dated 03/02/2016 No. 1-ZAO “On guarantees of the rights of persons leading a traditional way of life of indigenous peoples of the North in the Yamalo-Nenets Autonomous Okrug” // Gazette of the Legislative Assembly of the Yamal-Nenets Autonomous Okrug. 2016. No. 1-1.
Resolution of the Government of the Yamalo-Nenets Autonomous Okrug dated January 15, 2014 No. 2-P “On establishing the amount of monthly benefits for persons from among the indigenous peoples of the North in the Yamalo-Nenets Autonomous Okrug and other persons engaged in traditional economic activities” [Electron, resource] // Official Internet website of state executive bodies authorities Aug. districts. URL: БИр://government.yanao.rf. 01/17/2014.
Gazette of the State Duma of the Yamalo-Nenets Autonomous Okrug. 2006. No. 9.
Resolution of the Administration of the Yamalo-Nenets Autonomous Okrug dated May 22, 2008 No. 250-A “On approval of the Regulations on the procedure for providing and the amount of additional guarantees of social support for orphans and children left without parental care, as well as persons from among orphans and children left behind without parental care" // Red North. 2008. No. 104 (special issue No. 59).

APPENDIX No. 3

to the municipal program

“Harmonization of interethnic relations

in the Aldan region for 2016-2020"

SUBROUTINE

SUBPROGRAM PASSPORT

“SUPPORT FOR INDIGENOUS PEOPLES OF THE NORTH”

Subroutine name

"SUPPORT FOR INDIGENOUS PEOPLES OF THE NORTH"

Reason for developing the subroutine

Federal Law of January 1, 2001 No. 82-FZ “On Guarantees of the Rights of Indigenous Minorities

Republic of Sakha (Yakutia) for the second

International Decade of the World's Indigenous People."

Order of the Government of the Russian Federation dated

02/04/2009 “The concept of sustainable development

indigenous peoples of the North, Siberia and

Far East of the Russian Federation".

Decree of the Government of the Republic of Sakha (Yakutia)

dated 01.01.2001 No. 000 “On the concept of sustainable development

indigenous small peoples of the North of the Republic of Sakha (Yakutia)."

Responsible executor of the subprogram

Social Department of the Administration of the Municipal Municipality "Aldan District".

Co-executors

MU "Department of Education Aldan District". MU "Department of Culture and Art of the Aldan District". State Institution “Aldan Department of Population and Labor under the Ministry of Labor and the Republic of Sakha (Yakutia). Local government bodies (Aldan district). Public organizations of the Aldan region. Regional media.

Purpose and objectives of the subprogram

Goal: Creating conditions for national-cultural

development and preservation of traditional way of life

Preservation, development and promotion of language and

original culture of indigenous peoples;

Promoting the activities of socially oriented

Traditional knowledge plays an important role in preserving the cultural identity and way of life of the indigenous peoples of the North. Over the past decades, there has been an intense, irreversible process of disappearance of the system of traditional knowledge accumulated over centuries. In modern conditions, it needs restoration and protection. This is due to the uniqueness of this knowledge and the potential contained in it, which can be in demand for solving problems,

related to ensuring sustainable development and conservation of biological diversity. The use, reproduction and preservation of traditional knowledge are necessary in maintaining traditional knowledge, protecting the environment, and for their cultural and national development.

To preserve reindeer husbandry as an industry, it is necessary to maintain the integrity of the family and the socialization of the children of reindeer herders in production areas. Every year in the summer, more than 80 children of reindeer herders go to nomadic reindeer herding herds. It is necessary to provide for the organization of summer labor for children in nomadic clan communities and reindeer herds.

herds: stimulating children's work with bonuses, providing food, transporting children from villages to their parents' places of work and back. Special care should be shown to the nomadic and semi-nomadic population by organizing the necessary medical, commercial, consumer and cultural services.

Strengthening the employment of indigenous peoples of the North is impossible without improving the quality of human capital. This is an increase in the level of education, and expansion of training of specialists, as well as for conducting traditional economic activities (managers, specialists in processing agricultural products and leather and fur raw materials, livestock specialists, etc.) among indigenous youth.

To develop a subprogram development strategy in order to identify

problems a SWOT analysis was carried out:

Strengths (S)	Weaknesses (W)
1. High level of need language, customs and traditions. 2. High level of need small peoples in conservation traditional way of life. 3. Increased activity activity public organizations and communities indigenous peoples North leading traditional environmental management in rural terrain.	1. Not effective enough use of traditional knowledge, taking into account the specifics of ethnopedagogy and the cultural heritage of the peoples of the North in the field of education, culture and spiritual and moral education of youth. 2. The community is not fully considered as a form of self-organization to ensure self-employment of indigenous minorities
Opportunities (About)	Threats (T)
1. Creating equal conditions for functioning of the languages of indigenous peoples of the North. 2. Development of promising forms of state and small peoples. Support social initiatives, projects indigenous peoples. 3. Analysis of community activities can serve as an indicator of the general socio-economic situation of small peoples.	1. Reducing the degree of involvement of indigenous peoples in cultural and social life. 2. Decrease in the activity of indigenous peoples in solving the problems of their socio-economic and national and cultural development.

An analysis of the existing linguistic and ethnocultural situation of the indigenous peoples of the North living in the region shows that the existing enormous spiritual potential of the peoples of the North, carefully revered by the behests of their ancestors, and the aspiration for the future of young people create the necessary conditions for the preservation and development of language, traditions, customs and traditional way of life . This circumstance puts forward the goal and priority directions for supporting the national and cultural development of indigenous peoples of the North.

The implementation of the main directions will create conditions for national and cultural development:

preservation and development of the ethnic culture and language of the indigenous peoples of the North living in the region; support for the activities of socially oriented public associations and indigenous peoples of the North, including tribal communities operating in the region; increasing the role of indigenous peoples of the North in the economic and social life of the region; support for the initiative of public associations, as part of the implementation

subprogram activities.

2. Goal, objectives and activities of the subprogram “SUPPORT OF INDIGENOUS PEOPLES OF THE NORTH”

The purpose of the subprogram is to create conditions for national-cultural

development and preservation of the traditional way of life of the indigenous peoples of the North living in the Aldan region.

Preservation, development and promotion of the language and original culture of indigenous peoples; Promoting the activities of socially oriented public associations and non-profit organizations of indigenous peoples of the North.

In 2016-2020, activities are planned aimed at:

National and cultural development, preservation of cultural identity and way of life, through various cultural and public events;

Creating conditions for the preservation and development of the language and traditional knowledge of indigenous peoples of the North;

Establishment and development of cultural ties between small peoples and compatriots living in the republic and abroad;

Supporting the activities of socially oriented public associations and non-profit organizations of indigenous peoples of the North;

Providing social support to representatives of indigenous peoples of the North who find themselves in difficult life situations;

Organization of annual on-site consultations on legal education of the population, on-site master classes on the development of children's creative abilities in places where small-numbered peoples of the North live densely.

As a result of the implementation of the declared measures, it is expected:

increased activity of tribal communities in the Aldan region; increasing the number of socially oriented non-profit public organizations of indigenous peoples of the North; increasing the number of events aimed at preserving and disseminating the cultural heritage - rituals, customs and traditions of the small peoples of the North.

In general, optimal conditions will be created for the national and cultural development of the small peoples of the North.

Evaluation of the implementation of the subprogram

	Name of the goal, objectives and target indicators (indicators)		Meaning of indicators
reporting year	this year	planning period

Goal: Creating conditions for national and cultural development and preservation of the traditional way of life of indigenous peoples.
Objective 1. Preservation, development and promotion of the language and original culture of indigenous peoples small peoples.
The number of publications promoting the language and culture of indigenous peoples living in the Aldan region.
Objective 2. Promoting the activities of socially oriented public associations and non-profit organizations of indigenous peoples of the North.
	The number of socially oriented non-profit public organizations of indigenous peoples of the North, including tribal communities of the Aldan region.

Subprogram resource support

Organizational support for the implementation of the subprogram “Support for Indigenous Minorities of the North” is provided by the Social Administration of the Aldan District municipality.

Financial support for the implementation of the subprogram “Support for Indigenous Minorities of the North” in the amount of 2,540,000 (two million five hundred and forty thousand) is provided from the budget of the Aldan District municipality.

Methodology for assessing the achievement of the final results of the program.

The methodology for assessing the achievement of the final results of the subprogram is being developed by the economics department of the administration of the municipal district "Aldan district" in accordance with the Resolution of the head of 01.01.2001. No. 000 “On approval of the methodology for assessing the effectiveness of municipal programs of the municipal municipality “Aldan district””, Resolution of the administration of the municipal municipality “Aldan district” No. 000p dated 01.01.2001.

The Department of Economics of the Municipal Municipality "Aldan District" annually assesses the effectiveness of municipal programs based on annual reports on the progress of program implementation presented by the responsible executive.

Evaluation of the effectiveness of the implementation of the subprogram is carried out in order to:

Identification of the degree of achievement of the planned results of the subprogram in the reporting year, the actual achieved values of target indicators with their planned values;

Identification of the degree to which the planned level of costs have actually been achieved for the implementation of the program in the reporting year with their planned values.

If the effectiveness of the program is found to be lower than planned, proposals to make changes to the subprogram, or early termination of the subprogram.

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State support for the indigenous peoples of the North

social policy support for indigenous people

Problems of implementing state support for indigenous peoples of the North in the Yamalo-Nenets Autonomous Okrug

The region's purposeful movement towards harmonious development is associated with both internal and external risks.

External influence on the Autonomous Okrug is exerted by:

Globalization of economic relations, conditions of world markets (including energy resources);

General macroeconomic situation in the Russian Federation;

Legislation, inflation, public policy, especially in the field of subsoil use, social and investment spheres.

Key internal risks include:

Dynamics of natural resource and human potential;

Level of development of the institutional environment and institutional infrastructure (including mechanisms for coordination/harmonization of interests and stimulation/motivation of all subjects of regional policy);

Structural changes in the regional economy;

Infrastructure provision;

Transport accessibility;

Internal and external connectivity of territories;

The existing settlement system;

Demographic and ethnocultural situation.

Among the random factors, the following stand out: the possibility of natural disasters, natural disasters, man-made accidents, acute and protracted financial crises, terrorist attacks; as well as the likelihood of: the discovery of new deposits of strategic raw materials; the emergence of unexpected technological innovations; increased instability of market conditions; rapid pace of global climate change.

In order to minimize internal and random ones, it is necessary to constantly monitor the socio-economic situation.

The lack of systemic and comprehensive support for indigenous peoples of the North, in the long term, can lead to negative social consequences, manifested in a decrease in their standard of living.

Over the past decades, the Yamalo-Nenets Autonomous Okrug has been the main gas producing region of the Russian Federation, providing more than 90% of Russian gas production.

At the same time, the Autonomous Okrug is the territory of traditional residence of the indigenous peoples of the North of the Autonomous Okrug, who preserve their original traditional way of life.

Intensive industrialization and development of natural resources significantly affect traditional foundations and way of life, violate the age-old relationship between man and nature, and negatively affect the traditional activities of indigenous peoples.

The relevance of solving problems in the field of protecting rights and legitimate interests, preserving the original culture of the indigenous peoples of the North, their language, traditions and habitat in the Autonomous Okrug is justified by the general direction of the policy of the Government of the Russian Federation in this area and is one of the most important conditions for the socio-economic development of the region . The exercise of powers of government bodies of the Autonomous Okrug to adopt regional programs in terms of organizing and ensuring the protection of the original habitat and traditional way of life of indigenous peoples of the Russian Federation is carried out in accordance with subparagraph 54 of paragraph 2 of Article 26.3 of Law No. 184-FZ.

When carrying out the construction of the industrial infrastructure necessary for the development of the Arctic, including the Autonomous Okrug, as he emphasized in his speech at the interregional conference, it is necessary to remember the careful attitude towards the traditions and economic way of the indigenous peoples of the North. The originality of culture and lifestyle must be taken into account in the development of the social sphere, education and healthcare systems, and the formation of the information environment.

Resolution of the Legislative Assembly of the Autonomous Okrug dated December 9, 2009 No. 1990 “On the Strategy for the Social and Economic Development of the Yamalo-Nenets Autonomous Okrug until 2020” determined that the main goal of socio-economic development in relation to the indigenous peoples of the North in the medium term is to create conditions for their sustainable development, to achieve which a number of tasks will have to be solved, including both improving living conditions and preserving the traditional way of life of the indigenous peoples of the North.

With regard to the problem of realizing the right of the indigenous peoples of the Yamalo-Nenets Autonomous Okrug to use their culture, one should proceed from the fact that the central element of their culture is reindeer husbandry. Reindeer husbandry for the Nenets and Northern Khanty is not just one of many types of economic activity, but the core of traditional ethnoculture. If there are no deer, there will be no traditional ethnic culture.

Traditional economic culture was formed in certain natural and climatic conditions, therefore, the possibility of using the territories of traditional residence is a necessary condition for its preservation. At the same time, in conditions of intensive oil and gas production, serious environmental damage is caused to tundra lands. The realization of the rights of indigenous peoples to land is therefore a key point in the legal support of their livelihoods.

Land Code of the Russian Federation in Part 2 of Art. 15 establishes that citizens and legal entities have the right to equal access to the acquisition of land plots of ownership. In addition, part 5 of Art. 20 of the Land Code determines that citizens who have land plots in permanent (perpetual) use have the right to acquire their ownership one-time free of charge. However, the peculiarity of the economic management of the northern peoples is that they lead a nomadic lifestyle, which requires vast territories that cannot be owned by an individual citizen. Consequently, the majority of citizens of the Russian Federation have the opportunity to acquire free ownership of a used plot of land, while the indigenous peoples of the North in relation to the territories of traditional natural resource management are actually deprived of such an opportunity.

A different situation may arise if the right to land is realized through a collective, say a community. But such a practice is economically feasible only in the conditions of taiga environmental management, which is local in nature. In the conditions of a nomadic economy, securing grazing lands as the exclusive property of individual economic entities is practically impossible. Thus, citizens do not have equal access to the acquisition of land plots of ownership, guaranteed by Art. 15 of the Land Code.

Paragraph 20 of the Vienna Declaration and Program of Action, adopted on June 25, 1993 at the World Conference on Human Rights in Vienna, states: “Considering the importance of the promotion and protection of the rights of indigenous peoples and the contribution of such promotion and protection to the political and social stability of States, where such peoples live, States should, in accordance with international law, take concerted positive steps to ensure respect for all human rights and fundamental freedoms of indigenous peoples on the basis of equality and non-discrimination and to recognize the significance and diversity of their identity, culture and social organization.” It can be stated that Part 5 of Art. 20 of the Land Code does not take into account the cultural characteristics of indigenous peoples and discriminates against them on this basis.

Federal Law of the Russian Federation “On guarantees of the rights of indigenous peoples of the Russian Federation” in Art. 8 establishes that indigenous peoples have the right to freely own and use, in the places of their traditional residence and economic activities, lands of various categories necessary for the implementation of their traditional management and occupation of traditional crafts, and common mineral resources in the manner established by federal legislation and the legislation of the constituent entities of the Russian Federation. Federation. According to Art. 11 of the Federal Law of the Russian Federation “On Territories of Traditional Natural Resources”, land plots and other isolated natural objects located within the boundaries of territories of traditional natural resources are provided to persons belonging to small-numbered peoples and communities of small-numbered peoples for free use. However, the Land Code of the Russian Federation, adopted a little later, does not provide for this right.

This legislative policy only creates the appearance of progress in protecting the rights of indigenous peoples. In the context of multinational Russia, recognition and respect for cultural diversity is of particular importance. This problem must be solved comprehensively, which can be facilitated by the adoption of a codified act on the rights of indigenous small peoples, which will establish that other regulations in this area must comply with it. This will prevent one legal act from “crossing out” all past achievements in protecting the rights of indigenous peoples.

The main legal act regulating land relations in the Yamalo-Nenets Autonomous Okrug (YNAO) is the Yamalo-Nenets Autonomous Okrug Law “On the regulation of land relations in the places of residence and traditional economic activities of indigenous peoples of the North on the territory of the Yamalo-Nenets Autonomous Okrug.” Part 2 art. 6 of this Law establishes that land plots provided to legal entities for the construction of industrial, transport, communications, and urban planning facilities cannot be classified as lands of traditional economic activity. There is no reverse prohibition in the law. Consequently, sectors of traditional environmental management are not considered as priorities when determining the economic purpose of land plots.

In addition, part 2 of Art. 9 of this Law establishes the preemptive right of representatives of indigenous peoples of the North to receive land plots in the territory of traditional environmental management. This formulation implies the possibility of providing this category of land for the use of other entities, and, consequently, another type of management, which, due to the accompanying negative environmental consequences, may make subsequent traditional use of natural resources impossible.

In accordance with Part 4 of Art. 9 of the Law of the Yamal-Nenets Autonomous Okrug “On the regulation of land relations in places of residence and traditional economic activities of indigenous peoples of the North on the territory of the Yamalo-Nenets Autonomous Okrug”, when providing land plots on the territory of traditional economic activities for purposes unrelated to it, the local government body, upon agreement with public organizations of indigenous peoples of the North, resolves the issue of holding a local referendum. Based on its results, the local government body makes a decision on the provision of land plots for objects that affect the interests of the indigenous peoples of the North. This norm is consistent with Part 2 of Art. 30 of the Charter of the Yamalo-Nenets Autonomous Okrug, which states that in cases of provision of land plots in the territories of residence and traditional economic activity of indigenous peoples of the North for purposes not related to traditional environmental management, local government bodies find out their opinion in a local referendum.

Moreover, these standards are consistent with international law, which encourages States to ensure the full and unhindered participation of indigenous peoples in all aspects of society, including in matters affecting them.

However, the implementation of this right seems problematic. Firstly, it is still possible to provide territories of traditional management for the implementation of non-traditional activities. Secondly, it is not clear how many public organizations take part in deciding the referendum issue, and what power their opinion has. Thirdly, a referendum is held only if the object for which the land is provided affects the interests of the indigenous peoples of the North. How it will be determined whether this or that object affects their interests or not remains unclear. Obviously, any provision of land in the territory of traditional farming for non-traditional activities affects their interests. Neither the Law of the Yamalo-Nenets Autonomous Okrug “On the regulation of land relations in the places of residence and traditional economic activities of indigenous peoples of the North on the territory of the Yamalo-Nenets Autonomous Okrug”, nor the Charter of the Yamalo-Nenets Autonomous Okrug establishes the legal force of the referendum or how its results influence decision-making local government body.

The key article protecting the rights of indigenous peoples is Art. 16 of the Law of the Yamal-Nenets Autonomous Okrug “On the regulation of land relations in the places of residence and traditional economic activities of indigenous peoples of the North in the territory of the Yamalo-Nenets Autonomous Okrug.” According to paragraph “b” of Part 1 of this article, the seizure of land plots for the development of valuable mineral resources is possible only with the free and conscious consent of indigenous peoples, determined by holding a referendum by the local government body among the population on the possibility and conditions of such seizure. Clause “c” of the article in question provides for the preservation of the right of indigenous peoples to return to the lands of traditional farming after the cessation of development. This norm is also enshrined in Part 3 of Art. 30 of the Charter of the Yamal-Nenets Autonomous Okrug, however, in our opinion, in practice these territories may turn out to be hopelessly lost for traditional environmental management after their return.

If in Art. 16 of the Law of the Yamal-Nenets Autonomous Okrug “On the regulation of land relations in the places of residence and traditional economic activities of indigenous peoples of the North on the territory of the Yamalo-Nenets Autonomous Okrug” refers to the consent of indigenous peoples to the allocation of land, then Art. 19 already speaks only of coordination with public organizations of indigenous peoples on the issue of confiscation of a land plot for state and municipal needs. And for plots of land owned by legal entities, even approval is not required. Apparently, in such cases it would be necessary to take into account what activities the legal entity carries out.

In addition, if in Art. 16 of this Law talks about territories of traditional management, then Art. 19 category of lands is not specified, however, judging by the title of the Law, we are talking about lands in places of residence and territories of traditional management of indigenous peoples. Thus, Art. 19 can also be applied to territories of traditional management.

In this case, it is advisable to refer to Art. 63 of the Law of the Yamal-Nenets Autonomous Okrug “On subsoil and subsoil use in the Yamalo-Nenets Autonomous Okrug”. At first glance, this article establishes the same conditions for the seizure of a land plot for the purposes of subsoil use as Part 1 of Art. 16 of the Law of the Yamal-Nenets Autonomous Okrug “On the regulation of land relations in the places of residence and traditional economic activities of indigenous peoples of the North on the territory of the Yamalo-Nenets Autonomous Okrug”, however, the first law does not indicate the category of land. Thus, within the meaning of Art. 63 of this Law, the seizure of land plots throughout the entire territory of the Yamalo-Nenets Autonomous Okrug, regardless of whether indigenous peoples of the North live there, must be carried out with the free and conscious consent of the indigenous peoples. However, here, in contrast to the law of the Yamal-Nenets Autonomous Okrug “On the regulation of land relations in the places of residence and traditional economic activities of indigenous peoples of the North on the territory of the Yamalo-Nenets Autonomous Okrug,” nothing is said about a referendum.

Art. 63 of the Law of the Yamal-Nenets Autonomous Okrug “On subsoil and subsoil use in the Yamalo-Nenets Autonomous Okrug” establishes that land plots occupied by national sanctuaries and burial sites of indigenous peoples of the North and ethnic communities cannot be withdrawn for the purposes of subsoil use. Please note that the Law of the Yamal-Nenets Autonomous Okrug “On the regulation of land relations in the places of residence and traditional economic activities of indigenous peoples of the North on the territory of the Yamalo-Nenets Autonomous Okrug” does not contain such a prohibition.

In Part 2 of Art. 5 of the Law of the Yamal-Nenets Autonomous Okrug “On state support for communities of indigenous peoples of the North and organizations carrying out traditional types of economic activities in the territory of the Yamalo-Nenets Autonomous Okrug” establishes that in cases where in the territories of residence and management of communities of indigenous peoples of the North and organizations carrying out traditional types of economic activities, economic activities are being carried out that are unusual for the indigenous peoples of the North, the government authorities of the Autonomous Okrug inform the communities of the indigenous peoples of the North and organizations engaged in traditional types of economic activities about the upcoming use of the territory of their residence and management for purposes related to those unusual for the indigenous peoples activities of the peoples of the North.

It is not entirely clear when exactly information should be provided - at the moment when work has already begun (“economic activity is underway”), or when work is just being planned (“about the upcoming use of the territory”). It is also necessary to establish exact deadlines for informing. From the provisions of the Law of the Yamal-Nenets Autonomous Okrug “On the regulation of land relations in the places of residence and traditional economic activities of indigenous peoples of the North on the territory of the Yamalo-Nenets Autonomous Okrug”, providing for in certain cases the holding of a referendum and the consent of the indigenous peoples of the North, it follows that there is a need for advance warning about the beginning of “ unusual” economic activity.

1) establish the priority of lands of traditional economic activity over lands of industry, transport, etc.;

2) establish a strictly targeted use of land for traditional economic activities (namely: for conducting traditional farming);

3) establish the binding nature of decisions made as a result of a referendum on issues of land provision;

4) clearly regulate the procedure for the participation of public organizations in resolving these issues;

5) establish clear deadlines for informing the indigenous population on issues affecting their interests.

1) make proposals to the executive authorities of the Autonomous Okrug to improve the system of state support provided in the Autonomous Okrug;

2) participate in decision-making on issues of providing state support;

3) participate in the development of regional target programs and monitoring their implementation.

Human development policies in the region should be based on partnerships between civil society actors, business and government.

A set of measures aimed at:

Strengthening the material and technical base of communities and personal nomadic households through technical equipment, acquisition of vehicles and small equipment;

Acquisition of a small refrigerated fleet and construction of mini-workshops for processing products of traditional economic sectors;

Creation of a material and technical base for the development of ethnological, environmental and hunting tourism.

In addition to the fact that the historical heritage remains important in the process of educating the younger generation, its importance in the socio-economic context is growing.

The development of cultural heritage monuments and the creation of museum-historical complexes of the history and practice of development of the North will allow:

Increase the tourist attractiveness of the Autonomous Okrug;

Expand opportunities for citizens to become familiar with historical and cultural values, increase interest in the history of the Autonomous Okrug;

Increase the level of civil responsibility of the population for the preservation of cultural heritage sites;

To ensure the safety of unique scientific information about objects of archaeological heritage and to replenish the museum fund with archaeological collections.

In order to familiarize children and youth with the history and culture of their native land, the organization of summer archaeological camps will continue.
The development of state and municipal media will contribute to increasing the level of awareness of residents of the Autonomous Okrug about the transformations being carried out in the region, about socio-economic and cultural development, and improving the political system. It is planned to ensure the creation of technical conditions for the operation of municipal television and radio companies in the operating mode of a single district broadcast channel, and to modernize the printing base.

In order to create a real possibility of exercising the rights granted to communities and organizations, it is necessary:

1) establish the procedure for the response of executive authorities to proposals to improve the system of state support provided in the autonomous region and responsibility for improper fulfillment of this duty;

2) assign to the executive authorities of the subject the obligation to inform indigenous peoples about the consideration of issues in which they can take part, or create commissions with the permanent participation of representatives of indigenous peoples of the North.

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Benefits for the indigenous peoples of the North in Russia - laws

The obligation of the state and individual corporations to ensure the protection of the small peoples of Russia is enshrined in the provisions of Federal Law No. 82 of April 30, 1999. This legislative act clearly establishes the principles of protecting indigenous peoples of the Russian Federation from damage caused to their traditional habitat and provides for broad benefits aimed at representatives of such peoples. Moreover, these benefits apply to a wide range of areas of life and may involve both direct cash payments and certain incentive or protective measures, for example, related to military service and other duties.

The full list of ethnic groups subject to such protection is considered by Decree of the Government of the Russian Federation No. 255 of March 24, 2000. Currently, this list includes 47 different nationalities living throughout Russia in various regions. Moreover, the number of representatives of such peoples ranges from 0 to approximately 45 thousand people.

note

In the above list of nationalities there are Alyutors, who as of 2010 were not identified during the population census, that is, this nationality can be considered extinct, but is still present in the above list. At the same time, the number of native speakers of the Alyutor language is, according to various estimates, from 0 to 40 people, however, in order to protect it and maintain interest in it, it is taught in several schools in the places where the Koryaks live, and materials in it are periodically published in the local newspaper “Aborigine of Kamchatka” .

Also, certain features of the protection of the indigenous population are revealed in the provisions of the Civil Code of the Russian Federation. In particular, Article 123.16 of the Civil Code of the Russian Federation provides for the possibility of legal formation of individual communities of small peoples as non-profit organizations. The activities of such communities may include overcoming the consequences of changes in their environment, protecting their identity, preserving and developing established traditional ways of life and culture.

Important fact

Legislation regulates all possible preferences for small nations, not denoting them with the word “benefits”, but enshrining them as their basic inalienable rights.

Indigenous peoples of the North and military service

In accordance with the provisions of the current Russian legislation, conscription is the responsibility of healthy adult men in the Russian Federation. However, given the special situation of small peoples, in order to protect them and provide them with benefits, they have the right to use alternative civil service. At the same time, alternative service for indigenous peoples primarily involves sending them to enterprises or organizations associated with their traditional crafts, without observing the principles of territorial division of service in various constituent entities of the Russian Federation.

To obtain the right to wear the AGS for indigenous peoples, they must contact the military registration and enlistment office at their place of residence with an application to send them to alternative service due to belonging to indigenous peoples. Such affiliation is determined directly by the citizen’s documents, which indicate his nationality. However, the law does not provide for mandatory completion of these columns. In case of controversial situations, if the military commissariat refuses to send a person belonging to indigenous peoples to alternative service in traditional households, it can achieve the implementation of such a right through the court.

Rights of indigenous peoples of the North in Russia

In general, the list of rights of indigenous peoples includes, as noted above, many preferences in various spheres of life. This allows them to continue to preserve their traditions and way of life and compensate for the damage done to them by the state, progress and the use of natural resources. In particular, such special rights, in addition to alternative service instead of military service, include:

As can be understood from the above range of rights, most of them are aimed directly at preserving the traditional way of life and the absence of crimes or administrative offenses caused by such a way of life. At the same time, similar actions in other circumstances could be considered as such if they were not performed by representatives of indigenous peoples or in other localities and territories of the Russian Federation.

Support for small peoples. Subprogram “Support for Indigenous Minorities of the North”

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