THE RIGHTS OF NATIONAL MINORITIES UNDER THE CONSTITUTIONS OF UKRAINE AND EUROPEAN STATES

Abstract

The contents of the provisions of the relevant norms of the constitutions of Ukraine and European states, in which the rights of national minorities have been established, have been studied. It is proposed, taking into account the positive experience of European states regarding the constitutional and legal regulation of the rights of national minorities, to bring the provisions of the Constitution of Ukraine in accordance with international standards. It is noted that one of the most complex problems of modern times, affecting the organization of state and social life both within each state and at the international level, is national interethnic relations. The stable, peaceful existence of the peoples of the respective states depends on how the rights of ethnic communities are ensured and protected at the constitutional level. It is emphasized that the issue of the rights of ethnic and religious minorities is relevant for many European states, in which a multinational composition of the population has been formed due to political and historical circumstances. A comparative legal analysis of the provisions of the relevant norms of the constitutions of European states showed that the rights of national minorities were enshrined at the constitutional level by: Austria, Azerbaijan, Albania, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Italy, Latvia, Lithuania, North Macedonia, Moldova, Norway, Poland, Romania, Serbia, Slovakia, Slovenia, Turkey, Hungary, Finland, Croatia, Czech Republic, Montenegro, Switzerland and Sweden. However, the results of the study of the content of their provisions indicate that the legal regulation of the studied rights is carried out in them in different ways. It was concluded that there is no unity regarding the use of different terminology to denote “national minority”. Thus, in the constitutions of Austria and Italy, the term “linguistic minorities” is used, in the Constitution of Switzerland – “linguistic communities”, in the constitutions of Montenegro and Sweden – “minorities”, in the Constitution of Poland – “national and ethnic minorities”, in the constitutions of Bulgaria, Lithuania, In Slovenia and Hungary – “national communities”, in the constitutions of Slovakia and the Czech Republic – “national minorities” and “ethnic groups”. At the same time, the vast majority of European states use the term “national minorities” in their constitutions. Attention is drawn to the fact that international documents on human rights and national constitutional legislation of European states regulate the specific rights of national minorities, which are tied to a certain territory of their compact or traditional residence. In particular, this is the right to education and learning in the native language or learning the native language, as well as the right to choose the language of communication; the right to join organizations and associations to exercise and protect their specific rights; the right to preserve and develop one's national, ethnic and cultural identity. It is proposed to bring the provisions of the Constitution of Ukraine in accordance with international standards.