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Realization And Protection The Rights Of Ukraine's Indigenous Peoples In Modern Conditions


Work number - P 30 FILED

ubmitted by the Legislation Institute of the Verkhovna Rada of Ukraine.

Authors: Babin Boris, Grinenko Elena, Prihodko Anna.

The aim of the work is to determine the preconditions of the formation, the structure and content of the UN legal standards for indigenous peoples and their reflection in national legislation and practice.

On the basis of theoretical research, the authors determined the international standards of the United Nations on indigenous peoples as an interconnected set of norms of international law as reflected in the UN Declaration on the rights of indigenous peoples, developed by the resolutions of the UN General Assembly on indigenous peoples and embodied in the practice and doctrinal work of specialized bodies UN on indigenous issues; practical measures on Ukraine's implementation of these international standards are proposed.

It is established that despite the refusal of the international legal doctrine of the 18th century. the recognition of the rights and subjectivity of indigenous peoples, the mutual competition of European states, their desire to use indigenous peoples in colonial expansion, the need to regulate relations between indigenous peoples and colonists, the reluctance to transfer resources and land to indigenous peoples at the private disposal of colonists, have led to the recognition by the majority of colonial powers of the international legal personality of indigenous peoples. The work defined the specifics of the formation of special UN mechanisms for indigenous people at the end of the twentieth century. and it has been proved that the need to involve indigenous representatives in the work of the UN mechanisms has led to the practical need for identifying the UN communities as indigenous peoples, to formulate the criteria for such recognition and, ultimately, to form the UN position regarding the impossibility of creating an abstract, comprehensive definition of indigenous people in international law.

The researchers have proved that the agreement of the Government of Ukraine on the participation of the Mejlis of the Crimean Tatar people as an organization of indigenous people in the UN Working Group in 1995, and the admission of the UN Majlis to the work of this body, have become the actual recognition of Ukraine and the UN of the Crimean Tatar people as indigenous; inconsistent recognition of the Crimean Tatar people as indigenous in the acts of the UN structures, the Organization for Security and Cooperation in Europe (OSCE), the Council of Europe and the European Union (hereinafter - EU) in 2014-2017 on the aspects of the Ukrainian-Russian conflict.

The paper assesses the doctrinal position regarding the procedure for recognizing the United Nations Declaration on the Rights of Indigenous Peoples by the states that voted against or abstain during the vote in 2007, and regarding the special legal significance of the Declaration recognized in the decisions of the United Nations Convention on human rights, the Inter-American Court of Human Rights and the United Nations expert documents.

Number of publications: 69, incl. 6 monographs, 37 articles (13 in foreign publications). According to the Scopus database, the total number of references to authors' publications presented in the work is 15, h-index (at work) = 1; according to the Google Shcolar database, the total number of links is 150, the h-index (at work) = 1.

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