Evgen Gudyma
Legal Basis and Features of State Policy in the Sphere of National Minorities (Communities) in Ukraine, Bulgaria and China
Číslo: 6/2023
Periodikum: Path of Science
DOI: 10.22178/pos.93-21
Klíčová slova: national minorities (communities); legal basis; ethnopolitics; state national policy; rights and freedoms; legal protection
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The author's methodological analysis included several philosophical, general scientific and specifically scientific methods. In particular, comparative jurisprudence was used to analyse the experience of the People's Republic of China and Bulgaria regarding restrictions on the rights of national minorities (communities). The comparative method contributed to generalising knowledge in state policy in the field of national minorities (communities).
The positions of scientists and institutional international bodies regarding state policy in the field of national minorities (communities) are represented. The work is motivated by a casual dimension. The authors reveal the critical points of state policy in the field of national minorities (communities). Special attention is focused on the problem of positive discrimination (special protection) of national minorities. Difficulties in implementing state policy in the field of national minorities (communities) in China and Bulgaria are pointed out, and the issue of the legal position of the Bulgarian minority (community) in Ukraine is also raised.
The article reflects the main directions of state policy in the field of national minorities (communities) and the main tasks of the State Service of Ukraine on ethnopolitics and freedom of conscience. Examples of discrimination against the Macedonian national minority in Bulgaria, on the one hand, and the free, equal development of all nations and peoples living on the territory of Ukraine, on the other hand, neither the imperfection of international legislation nor the weakness of international legal institutions for the protection of human rights is the main obstacle for the free national development of nations and individuals. State national policy is the most critical condition and objective factor for such action, which can either promote national development or hinder it.
It was established that the constitutional principles of the modern state national policy of Ukraine from the provisions of the Constitution of Ukraine, which enshrine the most important values of the constitutional system of Ukraine. Attention is drawn to the fact that the national policy of Ukraine is primarily aimed at achieving balance and parity of interests of each individual and all peoples (communities) living on the territory of Ukraine in the field of national relations.
The conclusion states that the national policy of Ukraine is the state's legal policy in regulating the legal status of national minorities and forming a regulatory framework that ensures the implementation of national policy at the level of state authorities and local self-government in Ukraine.