Journal of Siberian Federal University. Humanities & Social Sciences: The Territory of Traditional Nature Use as a Specific Territorial Unit in the System of Territorial Division of the North, Siberia and the Russian Far East

Journal of Siberian Federal University. Humanities & Social Sciences / The Territory of Traditional Nature Use as a Specific Territorial Unit in the System of Territorial Division of the North, Siberia and the Russian Far East

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Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2018 11 (10)
Authors: Kondrashev, Andrey A.; Ronzhina, Olga V.; Zenkina, Alexandra B.
Contact information: Kondrashev, Andrey A.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; Ronzhina, Olga V.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; Zenkina, Alexandra B.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;
Keywords: indigenous peoples; territories with traditional nature use; Arctic Region; North; territorial division; form of ownership
Abstract: New proposals of the Government of the Russian Federation on reorganisation of the territories with traditional nature use by indigenous peoples require analysis and discussion among the scientific community. The legislative model of federal, regional and municipal territory with traditional nature use are developed and described by applying comparative law tools. Through the methods of statistical analysis, emerging tendencies on actual implementation of the rights of indigenous peoples to use the land and other natural resources within the borders of these areas and within the territories of their native residence, which are not considered to be territories of traditional nature use legally, are illustrated. For the new economic environment in Russia, which is oriented on increasing exploration of the North resources, it is necessary to back up exercising of the rights of indigenous minorities guaranteed by the Article 69 of the Constitution of the Russian Federation. In particular, on the federal level there should be established general principle characteristics of the legal regime on the territory with traditional nature use similar to a subject in the territorial division of the Russian Federation. The integral legal regime of the territories with traditional nature use should include obligatory formation of such territorial units in the settlements of indigenous peoples, taking into account the current land and other natural resources management within the traditional economy as well as creation of a set of constraints in the others’ economic activity, primarily, subsoil users and timber producers, within the territories with traditional nature use. The use of natural resources based on payment, authorization and licensing should be abolished for the indigenous peoples living in the territories with traditional nature use. It follows from the declaration of specific property right – an ethno-communal, non-marketed form of ownership of indigenous peoples of the land and other natural resources (another form of ownership provided by the Article 9(2) of the Constitution of the Russian Federation)
Pages: 1572-1592
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/90262

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