Keyword: «the language of presentation of legal material»

In this article the actual problem of the Russian multinational state connected with ensuring the rights of its indigenous small peoples in connection with granting subsoil plots on which they traditionally live and conduct economic activity to other subjects for the purpose of development of economy of regions and the country as a whole is considered. The need for legal assessment and development of the institution of taking into account the opinion of representatives of this category in the Russian Federation is especially important, since these peoples, by virtue of constitutional and legislative provisions, have rights to these lands, which are an important part of their material and spiritual life. The analysis of the modern legislation and practice of its implementation shows the inefficiency of the norms that determine the design of taking into account the interests of indigenous peoples of the Russian Federation when making decisions by public authorities on the provision of subsoil plots of traditional residence of the considered category of the population for the implementation of economic activities by subjects. One of the reasons for the failure to achieve the goals of the legislation, the authors call the legal uncertainty of the legal structure of the Institute of accounting for the interests of this group of the population. Based on the analysis of existing in domestic and foreign practice forms of taking into account the interests of indigenous minorities, the authors identify their shortcomings and advantages in order to find a possible solution to the existing problems. It seems to the authors that overcoming the legal uncertainty of the Institute of accounting for the opinion of indigenous peoples when presenting subsoil plots for use in the Russian Federation is possible only if their forms are clearly fixed in the text of the Federal legislation considered in the text. The solution of the above problem will lead to the level of guarantee of the rights of indigenous minorities in Russia to the global standards established by international law and humanistic values.