22 (1)
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2022
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Filippova, Natalya

Abstract: The article considers the process of establishment of human-rights ombudsman institution (the Ombudsman for Indigenous Peoples’ rights) in federal subjects of the RF. The author defines its chronological period and political geography. New tendencies in the development of the federal subjects’ constitutional law are compared with those of federal institutions of representation and human rights, alongside with the practices of nationalities representation under socialism. The author underlines the fact that federal subjects in trying to solve the problem of indigenous peoples’ rights are face by two institutional options. Firstly, it is the choice between state and public status of the Ombudsman for Indigenous peoples’ rights. Secondly, if the choice is made in favor of the state Ombudsman, it results in the choice between the establishment of a special ombudsman (along with an ombudsman for general competence rights), and in the renunciation of a new post. Instead, an ombudsman for general competence rights is entitled with a new list of functions and powers in indigenous peoples’ rights protection. The author conducts comparative analysis of regional legislation and offers her own classification of Ombudsmen for Indigenous Peoples’ rights in Russia’s federal subjects. The classification based on the state authority formation procedure criterion includes the following models of empowering an ombudsman as an independent official: parliamentary (Krasnoyarsk Krai), mixed (Kamchatka Krai) and administrative (Altai Republic). Ugra model of indigenous peoples’ rights protection is also singled out. It presupposes a wider list of powers for the ombudsman of the general competence, the ombudsman for human rights in Khanty-Mansyisk autonomous okrug-Ugra. The author indicates the main characteristics of the legal status of the Ombudsman for Indigenous Peoples’ rights established in some Russian regions, and includes a list of this official’s powers. 

Keywords: commissioner for the protection of the rights and freedoms of citizen in Member of Russian Federation; Commissioner for the rights of peoples; indigenous peoples; defender of indigenous peoples.

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