The state language of all subjects of the Russian Federation is Russian. The definition of statehood contributes to mutual understanding and spiritual growth of representatives of nationalities living on the territory of the Russian Federation. To protect and systematically develop the main means of communication, a clearly defined concept of the relevant regulatory act is necessary.

Federal Law "On the State Language" N 53-FZ was adopted by the State Duma on May 20 and approved by the Federal Council on May 25, 2005. The normative act in question came into force on June 1, 2005. The current law regulates the provision of the use of the Russian language throughout the territory of the Russian Federation, as well as the legal rights of citizens related to the protection and development of the state dialect.

The current text of Federal Law 53-FZ consists of seven articles:

• Article 1. Russian language as the state language of the Russian Federation;
• Article 2. Legislation of the Russian Federation on the state language of the Russian Federation;
• Article 3. Spheres of use of the state language of the Russian Federation;
• Article 4. Protection and support of the state language of the Russian Federation;
• Article 5. Ensuring the right of citizens of the Russian Federation to use the state language of the Russian Federation;
• Article 6. Responsibility for violation of the legislation of the Russian Federation on the state language of the Russian Federation;
• Article 7. Entry into force of this Federal Law.

According to paragraph 1 of article 1 the law in question Russian is established as the state language on the basis of the provisions of the Constitution of the Russian Federation. The regulation for determining modern literary and linguistic norms is established Government of the Russian Federation (article 1, paragraph 3). In the use of Russian literary and language norms, as state ones, swearing and obscene words are not allowed ( article 1, paragraph 6).

According to paragraph 7 of the article under consideration, the derogation of the right to communicate in the native dialect of citizens of the Russian Federation belonging to ethnic minorities is not permissible. Knowledge of the Russian language on the territory of Russia is mandatory, according to the law, communication between citizens can take place in any language. Any prohibition of communication in foreign dialects is considered unlawful.

Legislation on the norms of Russian speech is based on the provisions of the following regulations (Article 2):

• the Constitution of the Russian Federation;
• Federal Law "On the languages ​​of the peoples of the Russian Federation" N 1807-1, adopted on October 25, 1991;
• The considered law N 53-FZ;
• Other normative acts regulating language issues.

According to regulations article 3 Federal Law 53-FZ, and the use of Russian literary speech is mandatory:

• In the activities of all state authorities;
• In the names of state bodies;
• During the election campaign, the process of holding elections and referendums,
  in judicial proceedings on the territory of the Russian Federation, including the Magistrate's Court;
• With the official publication of documentation of international treaties of the Russian Federation;
• When carrying out inscriptions on signs regulating traffic;
• When drawing up state documents of the Russian Federation;
• In advertising and materials provided by the media;
• In literary works, provided they are performed in public.

As part of the protection of the linguistic diversity of Russian speech, state bodies take the following actions (Article 4):

• Ensuring the use of Russian speech throughout the Russian Federation;
• Develop a concept to improve the level of education in the field of Russian philology;
• Contribute to the study of the Russian language by foreigners - both within the Russian Federation and abroad;
• Contribute to the production of dictionaries and grammar books;
• They control the purity and absence of obscene language in Russian speech and compliance with this law.

Citizens of the Russian Federation have the right to education, receive any information and communicate in the state (Russian) language. Foreigners and citizens of the Russian Federation who speak a different dialect have the right to use the services of an interpreter.

Like other federal laws of the Russian Federation, FZ-53 regularly undergoes the necessary changes. The last amendments to the current law were introduced on May 5, 2014.

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“On the state language” N 53-FZ and the latest amendments made to it, you should familiarize yourself with the current provisions. You can download the current text of FZ-53 at

Recent changes in the Federal Law on the state language of the Russian Federation

The latest version of the considered Federal Law 53-FZ was made on May 5, 2014. The basis for the amendment was Federal Law N 101-FZ. AT article 3 of the current normative act, clarifications appeared regarding the choice of language dubbing or titles for public screening of films. The article in question has been updated point 9.2, stating that the use of Russian speech is mandatory for public reading of literary works, conducting concerts and staging performances.

Previously, significant amendments were made July 2, 2013. The basis for the amendments was the Federal Law “On Amending Certain Legislative Acts of the Russian Federation and Recognizing Legislative Acts (Certain Provisions of Legislative Acts) of the Russian Federation as invalid in connection with the adoption of the Federal Law “On Education in the Russian Federation” N 185-FZ.

Changes have been made articles 3 and 4 actual law. AT
according with the provisions of the Federal Law "On Education in the Russian Federation" sample "N, adopted on December 20, 2012, in point 8 of part 1 of article 3 it is indicated that the Russian language is necessarily used in the preparation and printing of documentation confirming the level of education or qualifications of a citizen.

Article 4, paragraph 4 The regulation in question states that as part of the protection and promotion of the foundations of Russian traditions in a foreign community, state educational institutions train relevant personnel. Teachers of Russian as a foreign language carry out their activities both within the Russian Federation and abroad, in the relevant educational institutions.

Amendment from 185-FZ in article 4, paragraph 4 word "institutions" changed to "organizations".

The state language is a language that has an appropriate legal status, which is used in a given country in the activities (including official office work) of public authorities and local governments, government agencies, enterprises and organizations, as well as in the publication of laws and other regulatory legal acts. .

As a rule, the state language enjoys special support and care from the state in order to spread and develop it. Often, the issues of studying, developing and using the state language are regulated by special legal acts. Sometimes languages ​​with a similar status and social functions are called official languages, but they do not have strict obligatory and universality.

In some countries, two or more languages ​​have been declared official languages. This is mainly due to the multinational multi-ethnic composition of the population of this state. So, in Finland there are two official languages ​​- Finnish and Swedish, in Malta there are also two official languages ​​- Maltese and English, in India - Hindi and English, and in Switzerland there are four official languages ​​- German, French, Italian and Romansh. In Canada, in order not to aggravate relations between English-speaking and French-speaking Canadians, instead of the status of the state language, two official languages ​​have been established - English and French.

In those multinational multi-ethnic states in which the status of the state language is given only to the language of the titular ethnic group, as a rule, this leads to the displacement of the languages ​​of national minorities, their discrimination and interethnic tension. This situation has developed in most countries of the near abroad, where the Russian and Russian-speaking population, being in the position of national minorities, is deprived of the conditions for the full implementation of a set of human rights and freedoms, primarily in the national language sphere. Only in Belarus there are two state languages ​​- Belarusian and Russian, in Kazakhstan and Kyrgyzstan the Russian language is declared (along with the state) the official language. In other countries of the near abroad, interethnic, interethnic conflicts arise on interlingual grounds.

All this confirms the conclusion that the problem of the state language has an important political, social, cultural, spiritual and psychological significance. Dissatisfaction with the ethno-linguistic policy may be one of the reasons for inter-ethnic tension and separatist aspirations of discriminated ethnic groups. In a democratic society, to eliminate this situation, the practice of giving the status of state languages ​​to several main languages ​​is used.

Russia is a multinational, multiethnic state. According to the 2002 census, people of 182 nationalities live on its territory, while Russians make up about 80% of the total population. Therefore, the regulation of the use of languages ​​in Russia is a problem of constitutional significance. In Art. 68 of the Constitution of the Russian Federation states that the state language of the Russian Federation throughout its territory is Russian. The republics within the Russian Federation have the right to establish their own state languages. The Russian Federation guarantees to all its peoples the right to preserve their native language, create conditions for its study and development.

Thus, on the scale of the entire Russian Federation, there is only one state language - Russian, i.e. the language of the state-forming and most numerous nation of Russia. The Federation creates conditions for the study of the state language by all citizens of Russia. In all educational institutions, except for preschool ones, the study of the Russian language is regulated by uniform state educational standards. At the same time, in the interests of citizens who do not speak this language, it is provided that they can use the language they know in state bodies, organizations, enterprises and institutions of Russia, and in cases provided for by law, they are provided with an appropriate translation.

At the same time, in Russia everyone has the right to use their native language, to freely choose the language of communication, education, training and creativity (Article 26 of the Constitution of the Russian Federation). The Law "On the Languages ​​of the Peoples of the RSFSR" dated October 25, 1991 states that propaganda of hostility and disdain for any language, the creation of obstacles, restrictions and privileges in the use of languages ​​that contradict the Constitution, and other violations of the legislation on the languages ​​of the peoples of Russia and the republics in its composition are unacceptable .

In the political and legal sense, the status of the official language is close to the state language, which differs from it only in a less strict status and regulation. Therefore, often these two names - state and official - are used as equivalent. The language of the state, international organization, congresses, conferences is proclaimed as the official one, in which office work, correspondence and public speeches are made in government bodies, at meetings, radio, television, etc.

Usually, the official language is proclaimed in those countries that are multinational and multi-ethnic and where there are ethno-linguistic problems. The introduction of an official language is typical for many countries in Asia, Africa, and America. So, in a number of former colonial states, the languages ​​of the former metropolises became such languages. Of the 55 countries in Africa, 21 countries have French as their official language (including 8 cases together with English or some local language), 19 countries have English (9 cases with some other language), 5 countries have Portuguese.

The status of an official language is given to the working languages ​​of certain international organizations. Thus, the Russian language is recognized as official in the International Astronautical Federation (IAF), the International Sports Medicine Federation (FIMS), etc. Six languages ​​- English, French, Russian, Spanish, Arabic and Chinese - are the official and working languages ​​of the UN.

On the right of the republics within the Russian Federation to establish their state languages

The importance of language in the life of society is very great. It can be said without exaggeration that the language stands next to such components of the life of society as economics, politics, and law. The importance of language lies not only in the fact that it acts as a means of human communication, inextricably linked with thinking, a social means of storing and transmitting information, managing human behavior, as a criterion for ethnic self-identification of a person, but also in the fact that very often it goes beyond of one state and becomes a means of interstate, interethnic communication, acquiring a foreign policy coloring. Along with political, economic, social and cultural conditions, linguistic factors can cause interethnic, interethnic disputes and conflicts.

The problem of language becomes especially acute in federal states. In this case, we are talking not only about those federations whose subjects are national-state and national-territorial formations, but also about those that are formed from political-territorial units. Often this problem also arises in the so-called semi-federal and unitary states.

During the "parade of sovereignties" claims against the USSR on questions of language were made not only by the union and autonomous republics, but also by autonomous regions and districts. These claims concerned not only getting an education in the language of the titular nations of the union republics and autonomous entities, but also establishing them as state languages ​​along with the federal state language - Russian. It was the problem of establishing official languages ​​that, along with other economic and political reasons, became the reason for armed conflicts.

It should be noted that in some autonomous formations within the union republics, along with the language of the titular nation of the union republic, the Russian language was proposed as the state language, and not the language of the people of the autonomy. Such demands were made, for example, by South Ossetia and Abkhazia to Georgia. At the same time, the political and economic elite of these autonomous formations demanded that this be fixed in the Constitution of Georgia. This demand was not satisfied, which served as the beginning of a confrontation between Georgia, on the one hand, and South Ossetia and Abkhazia, on the other.

What is the concept of "state language"? In the scientific literature, the state language is defined as the "native" language of the majority or a significant part of the population of the state and therefore designed to be the most used in it. This is the language in which the government communicates with the population, "talks to citizens."

The state language is also the language used in relations between states, as well as between states and international organizations and other subjects of international law.

In the legal literature, along with the concept of "state language" other terms are used: "official language", "working language", "language of interethnic communication". However, there are no generally accepted definitions of these concepts.

Practice shows that the term "state language" is used, as a rule, in domestic relations. The concept of "official language" is used mainly in international relations, in particular, in the activities of international organizations and bodies (conferences). For example, the UN Charter proclaims English, French, Russian, Chinese, Spanish as official languages. Within the meaning of the UN Charter, this means that the texts of the Charter in these languages ​​are equally authentic (Article III of the Charter). At the same time, English and French are considered the working languages ​​of the UN, that is, the work of the UN is carried out in these two languages. The term "official language" is sometimes also used in domestic relations along with the state language. For example, Art. 8 of the Constitution of Ireland defines the state and first official language as Irish, and English is recognized as a second official language. This article, apparently, makes a distinction between the state and the official language. Irish is both the state and official language, and English is only the official (second) language.

As regards the term "working language", it is generally not used in domestic legislation.

In unitary states, even if some of their parts enjoy wide autonomy, as a rule, the language of the titular nation is recognized as the state language, with whose name the name of this state is associated (Italy, Spain, etc.). However, as practice shows, autonomous formations in such states often demand that they be granted the right to establish their state languages. But in practice there has not yet been a case when two or more languages ​​were recognized as the state language in a unitary state.

One state language is established as the state language in many federal states (Germany, Austria, Mexico, Brazil, etc.). At the same time, in those federal states whose subjects are national-state formations, the problem of multilingualism, as a rule, arises. Moreover, there are cases in history when in some federations, in particular in the USSR, the subjects of the federation established the language of the titular nation as the only state language. As for the Russian language, it qualified as the language of interethnic communication. So, in the last constitution of Georgia of the Soviet period, the Georgian language was recognized as the only state language. "In the Georgian SSR, free use in these bodies (meaning state and public bodies, institutions of culture, education, etc.) and institutions of Russian and other languages ​​used by the population is ensured." This suggests that the Russian language in Georgia was not recognized as the state language. Similar provisions were contained in the constitutions of Armenia, Azerbaijan and other republics.

In some federal states, two or more languages ​​are proclaimed as state languages. Other options are also possible. For example, the Belgian Constitution proclaims the freedom to use the languages ​​accepted in Belgium, without recognizing any of them as a state language. Regulation of this issue is allowed only in the field of public administration and administration of justice and only on the basis of the law: the use of laws adopted in Belgium is optional.

A special procedure, different from the world practice of establishing state languages, exists in the Russian Federation. According to Art. 68 (part 1) of the Constitution of the Russian Federation, the state language throughout Russia is the Russian language. At the same time, part two of the same article grants the right to the republics within the Russian Federation to establish their own state languages. It says that in state authorities, local governments, state institutions of the republics they will be used along with the state language of the Russian Federation.

Attention is drawn to the fact that the Constitution of the Russian Federation gives the right to establish their state languages ​​only to the republics. The question arises: does the Constitution of the Russian Federation infringe on the rights of other subjects of the Russian Federation, giving the right to establish their state languages ​​only to the republics. Indeed, in accordance with Art. 5 (part 3) all subjects of the Federation are equal. As for the regions, territories, cities of federal significance, their deprivation of such a right is understandable. These are Russian-speaking subjects and the question of a second state language can hardly arise for them.

However, in addition to the republics, two other types of subjects belong to national entities. We are talking about one autonomous region (Jewish) and 4 autonomous districts, which, in their legal status, are equal to the republics within Russia. Is this not an infringement of their interests as full-fledged subjects of the Russian Federation, as well as the principle of equality of all peoples and nations on the territory of Russia?

It seems to us that the reason for granting the republics the right to establish their state languages ​​was that the Constitution of the Russian Federation recognizes them as states. However, as mentioned above, republics are not and, in principle, cannot be states in the classical sense of the term. For this reason, it seems to us that both the Autonomous Region and Autonomous Okrugs can claim to establish their own languages, at least as an official one.

Many republics took advantage of their constitutional right and adopted laws on state languages ​​(Republic of Mordovia, Republic of Komi, etc.). It should be emphasized that not all republics have adopted such laws (Republic of Adygea, Republic of Karelia, etc.). An opinion is expressed that in republics where the titular nation makes up a small percentage of the total population of the republic, it can hardly be considered expedient to give the status of the state language of this nation. In our opinion, it is hardly possible to agree with such an opinion. Firstly, the Constitution grants the right to establish their own state languages ​​to all the republics within the Russian Federation, regardless of whether or not the titular nation makes up the majority of the population. Secondly, to limit the constitutional right of the titular nation in any case will be discrimination against this or that people. Thirdly, whether or not to establish their own language as a state language is the right, not the obligation of each republic, and they can refuse this, but without outside influence. If we follow this principle, then the titular nations make up the majority only in a few republics, and then the provision of the Constitution on state languages ​​may turn out to be redundant.

It seems to us that the question should be raised not in the sense that it is expedient for some republics to establish their own state languages, while for others it is not, but about whether the republics actually exercise their constitutional right in practice. This question is quite complex and requires a detailed study of the actual situation in the implementation of the right to establish state languages.

As already mentioned, not all republics have adopted their respective laws so far. But this is not about that. It is important to clarify the question of whether office work is conducted in a particular republic in the language of the titular nation, whether work is carried out in state authorities in this language. state language federal nation

In the scientific literature, little attention is paid to the problem of state languages. Issues such as the scope of the state languages, the functions of the state language have not been studied. For this reason, it would be necessary to analyze in detail the provisions of the Law of the Russian Federation "On the Languages ​​of the Peoples of the Russian Federation" and the corresponding provisions of similar laws of the subjects of the Federation.

Part 2 Art. 10 of the Law of the Russian Federation "On the languages ​​of the peoples of the Russian Federation" states that "Russian as the state language of the Russian Federation is studied in general educational institutions and educational institutions of vocational education." According to part 3 of the same article, the teaching of state and other languages ​​in the republics is carried out in accordance with their legislation.

According to Art. 2 (part 1) of the Law, work in federal government bodies, government bodies of the constituent entities of the Russian Federation and local governments is carried out in the state language of the Russian Federation. In state authorities, local self-government bodies, state institutions of the republics, along with the state language of the Russian Federation, the state languages ​​of the republics may be used.

The language of draft federal constitutional laws, draft federal laws, draft chambers of the Federal Assembly of the Russian Federation submitted for consideration by the State Duma and submitted for consideration by the Federation Council shall be the state language of the Russian Federation.

Federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly of the Russian Federation, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, in accordance with Art. 12 of the Law "On the languages ​​of the peoples of the Russian Federation", are published in the state language of the Russian Federation.

The state language of the Russian Federation is used in the preparation of elections and referendums in the Russian Federation. Ballots, ballots for voting in a referendum are printed in the state language of the Russian Federation. Minutes of voting results, election and referendum results are also printed in the state language of the Russian Federation (Article 14 of the Law).

The state language of the Russian Federation is used in the activities of bodies, organizations, enterprises and institutions of the Russian Federation (Article 15 Part 1).

In Russian, as the state language of the Russian Federation, official office work is conducted in state bodies, organizations, enterprises and institutions (part 1 of article 16).

The texts of documents (forms, seals, stamps, stamps) and signboards with the names of state bodies, organizations, institutions, enterprises are drawn up in the state language of the Russian Federation (part 2 of article 16).

Documents proving the identity of a citizen of the Russian Federation, civil status records, work books, as well as documents on education, military tickets and other documents are issued in the state language of the Russian Federation, taking into account national naming traditions (part 4 of article 16).

Official correspondence and other forms of official relations between state bodies, organizations, enterprises, institutions of the constituent entities of the Russian Federation with addressees in the Russian Federation are also conducted in Russian (Article 17).

In the state language of the Russian Federation, legal proceedings and office work are conducted in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, other federal courts, military courts, as well as office work in law enforcement agencies (part 1 of article 18).

The rules for determining the language of legal proceedings also apply to the language of notarial office work in state notary offices and other state bodies performing the functions of notary office work (Part 1, Article 19).

In Russian as the state language, all-Russian newspapers and magazines are published, all-Russian television and radio broadcasts are carried out (clause 1, article 20).

In the areas of industry, communications, transport and energy throughout the Russian Federation, the Russian language is used as the state language (part 1 of article 21).

Office work in the service sector and commercial activities is conducted in the state language of the Russian Federation (part 2 of article 22).

The writing of the names of geographical objects and the design of inscriptions, road and other signs is carried out in the state language of the Russian Federation.

The activities of foreign missions of the Russian Federation, foreign policy, foreign economic and other institutions of the Russian Federation are carried out in the state language of the Russian Federation and in the language of the corresponding country (part 1 of article 26).

Treaties, agreements and other international acts concluded on behalf of the Russian Federation are drawn up in the state language of the Russian Federation and in the language of the other contracting party, for in other languages ​​by mutual power of attorney of the parties (part 2 of article 26).

In negotiations on behalf of the Russian Federation with representatives of other countries, international organizations, the state language of the Russian Federation and other languages ​​are used by mutual agreement of the parties and in accordance with international agreements (part 3 of article 26).

In relation to the Russian Federation with the subjects of the Russian Federation, the state language of the Russian Federation is used (Article 27).

An analysis of the relevant provisions of the Law of the Russian Federation "On the languages ​​of the peoples of the Russian Federation" shows that the Law defines in some detail the functions and scope of the use of the state language of the Russian Federation. on the territory of other subjects of the Russian Federation.

The teaching of state and other languages ​​in the republics is carried out in accordance with their legislation (Part 3, Article 10).

The law grants the republics the right to use their state language along with the state language of the Russian Federation in government bodies, local self-government bodies, and state institutions.

At the same time, at meetings of the Federation Council and the State Duma, committees and commissions of the chambers, at parliamentary hearings, members of the Federation Council and deputies of the State Duma have the right to speak in the state languages ​​of the republics or other languages ​​of the peoples of the Russian Federation, provided that the speech is translated into the state language of the Russian Federation in accordance with with the regulations of the chambers of the Federal Assembly of the Russian Federation. This provision equates the state languages ​​of the republics with other languages ​​of the peoples of the Russian Federation.

In the republics, federal constitutional laws, federal laws and other federal normative legal acts, along with official publication, may be published in the state languages ​​of the republics (Article 12). This provision does not carry out equality between the state languages ​​of the Russian Federation and the state languages ​​of the republics when publishing federal regulatory legal acts. Apparently, the texts of laws and other legal acts in this case cannot be equally authentic. The publication of such legal acts in the state language provides an opportunity for persons who do not speak Russian to get acquainted with it in their native language, that is, it has a technical significance. With the same success, they could be published in the language of any nationalities living on the territory of the constituent entities of the Russian Federation (part 2 of article 13).

According to Part 1 of Art. 14 when preparing and holding elections and referendums in the Russian Federation, the republics, along with the state language of the Russian Federation, have the right to use the state languages ​​of the republics and the languages ​​of the peoples of the Russian Federation in the territories of their compact residence. Other subjects of the Russian Federation are vested with the same right. Along with the state language of the Russian Federation, they can also use the languages ​​of the peoples of the Russian Federation in the territories of their compact residence.

Referendum ballots may be printed in the state languages ​​of the Republics, and, if necessary, also in the languages ​​of other peoples of the Russian Federation in the territories of their compact residence (Part 2, Article 14).

In the activities of state bodies, organizations, enterprises and institutions of the Russian Federation, along with the state language of the Russian Federation, the state languages ​​of the Republics and other languages ​​of the peoples of the Russian Federation are also used (part 1 of article 15).

Official office work in the republics is carried out along with the state language of the Russian Federation also in the state languages ​​of the republics. The texts of documents (forms, seals, stamps) and signboards with the names of state bodies, organizations, enterprises, institutions are drawn up not only in the state language of the Russian Federation, but also in the state languages ​​of the republics and other languages ​​of the peoples of the Russian Federation, determined by the legislation of the republics. In principle, a similar right is granted to other subjects of the Russian Federation. According to part 3 of Art. 16 of the Law, if necessary, official records management in the constituent entities of the Russian Federation, along with the state language of the Russian Federation, the state languages ​​of the republics, may be conducted in the languages ​​of the peoples of the Russian Federation in the territories of their compact residence.

Documents proving the identity of a citizen of the Russian Federation, civil status records, work books, as well as documents on education, military tickets and other documents can be issued along with the state languages ​​of the Russian Federation in the state language of the republic (part 4 of article 16).

Legal proceedings and office work in courts of general jurisdiction located on the territory of the republics can be conducted both in the state language of the Russian Federation and in the state languages ​​of the republics. The same applies to legal proceedings and office work with justices of the peace and other courts of the constituent entities of the Federation, as well as office work in law enforcement agencies of the constituent entities of the Russian Federation (parts 1 and 2 of article 18). This rule also applies to the language of notarial office work.

The state languages ​​of the republics, along with the Russian language, are used in the media in the areas of industry, communications, transport and energy, in the service sector and commercial activities, etc.

As can be seen, the Law on the Languages ​​of the Peoples of the Russian Federation gives the languages ​​of the republics a special status. They are used by the population of the republics along with the Russian language in almost all spheres of life of the peoples of these constituent entities of the Russian Federation.

The law also did not disregard the languages ​​of other peoples who do not have their own national-state or national-territorial formations, but who live compactly in the territories of both republics and other subjects of the Russian Federation. In some cases, the Law gives them equal status with the state languages ​​of the republics.

Of course, one cannot completely equate the state languages ​​of the republics with the languages ​​of peoples living compactly in the territories of other subjects of the Russian Federation, because these are different forms of self-determination of peoples and nationalities. The fact that the languages ​​of peoples living compactly in the territories of other subjects are placed by the Law on a different level of the hierarchical ladder of the languages ​​of the Russian Federation does not mean that they are discriminated against. On the contrary, the Law contains a number of guarantees for the equality of languages ​​in the Russian Federation.

The equality of the languages ​​of the peoples of the Russian Federation is protected by law. No one has the right to establish restrictions or privileges in the use of a particular language, with the exception of cases provided for by the legislation of the Russian Federation. There are many situations when, along with the state languages, other languages ​​are used on an equal footing.

The law gives the republics the right to make their own laws, provided that they do not contradict federal law. Many republics took advantage of this and adopted their own laws, which secure the status of the state language. In principle, some of them are devoted specifically to the status of the state language. Such laws were adopted, for example, in Mordovia, the Komi Republic, the Kabardino-Balkarian Republic, the Republic of Bashkortostan, the Republic of Kalmykia, and others.

It should be noted that not all republics (the Republic of Adygea, the Republic of Karelia, North Ossetia-Alania, etc.) have adopted special laws on languages. It seems that there is no urgent need for this, since the Constitution of the Russian Federation, the Law of the Russian Federation on the languages ​​of the peoples of the Russian Federation and the constitutions of the republics regulate language problems in some detail. Nevertheless, there are some problems of legislative regulation of the use of the state language of the Russian Federation, as well as the state languages ​​of the republics. Among these problems, one of the most acute is the problem of legislative consolidation in the constitutions of some republics of the requirement of knowledge of the language when occupying the highest public positions in the republics. So, according to Art. 83 of the Constitution of the Republic of Bashkortostan The President of the Republic of Bashkortostan may be elected a citizen of the Republic of Bashkortostan not younger than 30 years old, who has the right to vote and speaks the state languages ​​of the Republic of Bashkortostan. The same provision is contained in the Constitutions of the Republic of Tatarstan, the Republic of North Ossetia-Alania and others.

The requirement to know the state languages ​​for presidential candidates in the republics of the Russian Federation is not a purely theoretical problem. In practice, during presidential elections in some republics, serious situations arose on this issue. For example, they did not register as a candidate for the post of President of the Republic of North Ossetia-Alania a person who did not speak fluent Ossetian, although he was Ossetian by nationality. Serious disagreements on this issue also arose in the Republic of Adygea during the elections of the President of the Republic in 1997. The Central Election Commission refused to register a candidate who lives in the city of Moscow and works there, due to ignorance of the second state language - the Adyghe language.

It should be noted that the requirement to know both state languages ​​for a candidate for the presidency of the republic is differently regarded by representatives of the federal center and the republics, as well as scientists of the republics and everyone else.

Representatives of the federal center recognize the provisions of the constitutions of the republics on the issue of knowledge of the state languages ​​by applicants for the post of president of the republic as contrary to the Constitution of the Russian Federation. In doing so, they usually refer to Art. 19, which guarantees the equality of human and civil rights and freedoms regardless of gender, race, nationality, language, and other circumstances. In their opinion, restrictions on the rights of citizens are prohibited, on the grounds, in particular, of linguistic affiliation.

Opponents of the requirement to know the state languages ​​also refer to Part 2 of Art. 32 of the Constitution of the Russian Federation, in accordance with which citizens of the Russian Federation have the right to elect and be elected to public authorities.

The provision on the knowledge of state languages ​​by presidential candidates, fixed in the constitutions of some republics, was also recognized as unconstitutional by the Constitutional Court of the Russian Federation.

So, should a candidate for the presidency of the republic be fluent in both Russian and the state language of the titular nation? Apparently, it is impossible to give an unambiguously negative answer to this question. Neither the constitution nor the federal laws prohibit additional requirements that must be presented to candidates applying for the highest positions in the republics, as well as in other subjects of the Russian Federation. Those articles of the Constitution of the Russian Federation referred to by critics of the requirement to know both state languages ​​do not in fact contain any specific provisions against these requirements. The fact that the state guarantees the equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, and other circumstances, does not yet mean that it is inadmissible for the republics to establish a requirement for presidential candidates to know both state languages. . If we think like this, then any restriction of passive suffrage can be recognized as a violation of the rights of citizens: for example, the period of residence, age, etc. The requirements for knowledge of state languages ​​are provided for by the constitutions of the republics, and they, as you know, are the basic laws of the republics. For example, no one in the United States disputes the constitutional provision that only a citizen by birth can be elected president of the United States, although it formally violates the principle of equal rights for citizens.

Opponents of the requirement of knowledge of state languages ​​also refer to Part 2 of Art. 38 of the Constitution of the Russian Federation, according to which the citizens of the Russian Federation have the right, in particular, to elect and be elected to public authorities. This right allegedly refers to the fundamental rights and freedoms of man and citizen, which, in accordance with the Constitution of Russia, are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.

The Constitutional Court twice discussed this issue and came to the conclusion that the Constitutions and the electoral law of the republics (the Republic of Khakassia, the Republic of Bashkortostan) cannot establish additional conditions for candidates for the highest state positions. However, not all members of the Constitutional Court shared this opinion. Thus, in the Resolution of the Constitutional Court of the Russian Federation of June 24, 1997 No. 9-P, there is a dissenting opinion of the judge of the Constitutional Court of the Russian Federation N.V. Vitruk in the case of checking the constitutionality of the provisions of Articles 74 (Part One) and 90 of the Constitution of the Republic of Khakassia, which noted that passive suffrage (the right to be a candidate for deputies, a candidate for elected public office) differs from active suffrage, including that the constitution and electoral laws may establish additional conditions for candidates: knowledge of the state language, etc.

Based on the foregoing, the following conclusions can be drawn:

• - the use of the term "state language" in relation to the languages ​​of the titular nations of the republics within the Russian Federation is conditional, since the republics are not states in the classical sense of this concept; most likely, other terms should have been used, for example, "official language", "language of office work", "working language", etc.;
• - since all subjects of the Russian Federation, according to the Constitution of the Russian Federation, are equal, it would be necessary to draw equality between the languages ​​of the titular nations of all autonomous formations;
• - the presence of provisions on the state languages ​​of the republics in the Constitution of the Russian Federation does not indicate a special status of the republics in the system of subjects of the Russian Federation;
• - The Law of the Russian Federation "On the Languages ​​of the Russian Federation" does not contain provisions on the difference between the languages ​​of the titular nation of the republics and the languages ​​of the titular nations of other national-state entities.

Notes

• 1. Commentary on the law on the languages ​​of the peoples of the Russian Federation / ed. A.S. Pigolkin. - M., 1993. S. 8.
• 2. Vasilyeva L.N. On the issue of legal regulation of the use of state law // Journal of Russian law. 2002. - S. 10, 29.

RF Constitution, Article 68

Article 68
The official language of the Russian Federation throughout its territory is Russian.
Republics have the right to establish their own state languages. In public authorities, local governments, state institutions of the republics, they are used along with the state language of the Russian Federation.
The Russian Federation guarantees to all its peoples the right to preserve their native language, to create conditions for its study and development.

Comm. Pigolkin A.S.

The languages ​​of the peoples of the Russian Federation are our national treasure. They are historical and cultural heritage and are under state protection. October 25, 1991 the Law of the RSFSR on the languages ​​of the peoples of the RSFSR was adopted, according to which the Russian state is obliged to take care of the languages ​​of all the peoples of Russia - large and small, to create conditions for their preservation and equal and original development. The main provisions of this law formed the basis of Article 68 of the Constitution. The law determined, in particular, the foundations of the legal status of the languages ​​of the peoples living in Russia, guarantees for their protection, regulated the use of languages ​​in various areas of state activity (issuing laws and other legal acts, elections, justice, etc.), in training and education , in toponymy, relations of the Russian Federation with foreign countries.
The Russian language is recognized in accordance with the state language throughout the Russian Federation. What is meant by the state language? Usually it is the native language of the majority or a significant part of the population of the state and therefore the most used in it. This is the language (or languages) in which the government communicates with the population. It publishes laws and other legal acts, writes official documents, minutes and transcripts of meetings, conducts office work in state bodies and official correspondence. This is the language of official signs and announcements, seals and stamps, marking of domestic goods, road signs and names of streets and squares. It is also the main language of education and training in schools and other educational institutions. The state language is mainly used on television and radio, in the publication of newspapers and magazines. The state power guarantees care for its all-round development, ensures its active use in the political, cultural and scientific spheres.
The Russian language is the native language of the majority of the population of the Russian Federation - the Russian people. The overwhelming majority of Russian citizens, regardless of their nationality, know and actively use the Russian language. This is an effective means of consolidating society and strengthening its unity. It is important to emphasize the constitutional provision that the Russian language is the state language throughout the Russian Federation, i.e. and in those areas where the predominantly Russian population lives, and where the bulk of the inhabitants are representatives of other nationalities, compactly living small peoples.
At the same time, it is essential that the proclamation of the Russian language as the state language is in no way opposed to the democratic principle of equality of all languages ​​of the peoples of Russia, does not infringe on the linguistic rights of peoples and individual citizens, does not prevent the development of bilingualism and multilingualism in the subjects of the Federation. Article 26 of the Constitution clearly defines that everyone has the right to use their native language, to freely choose the language of communication, education, training and creativity.
The Russian language is the main means of interethnic communication between the peoples of Russia in accordance with the established historical and cultural traditions. In any multinational state, no people can be in spiritual isolation. The language of interethnic communication is an effective tool for consolidating society, solving common political and economic problems, familiarizing peoples with the achievements of world and domestic science, technology and culture. Bilingualism and multilingualism, established in our country, was not imposed "from above". This is an objective need for the joint existence of the peoples of a federal state. The Russian language has become a means of interethnic communication historically, due to the actual recognition of it as such by all the numerous peoples of our vast state.
In accordance with the republics within the Russian Federation, they independently establish their own state languages. To centrally regulate these issues means to interfere, to interfere in their internal national affairs.
The proclamation of national languages ​​as state languages ​​in the republics is proceeding very intensively. The languages ​​of the peoples that gave the name to the republic were mainly proclaimed state languages. However, the process of adopting laws on languages ​​in the republics has not yet been completed, and a list of all the state languages ​​of the republics cannot yet be given.
In a number of republics several languages ​​are proclaimed state. So, in the Kabardino-Balkarian Republic, in addition to Russian, Kabardian and Balkar are state languages, and in the Republic of Mari El - Mari meadow and Mari mountain languages. In those republics where laws on languages ​​have been adopted, along with the national (national) language, the Russian language is also defined as the state language - in Buryatia, Khakassia, Sakha (Yakutia), etc. It is hardly legitimate to use only one's own national language in the official activities of the republics. After all, many Russian-speaking people live in the republics. In addition, the state-legal activities of the republics presuppose their relations with the central bodies of the Federation and its other subjects.
The republican laws on languages, as well as the federal law, provide for a provision that granting the status of state languages ​​to one or another language should not infringe on the rights of other nations and nationalities living on the territory of the republic in the use of their languages.
In some republics, the status of local official languages ​​is established. Thus, in the Law of the Republic of Sakha (Yakutia) on languages, it is determined that the Evenk, Even, Yukaghir, Chukchi languages ​​in places where the respective nationalities are densely populated are recognized as local official languages ​​and are used on an equal basis with the state ones.
The Russian state recognizes the equal rights of all languages ​​to their preservation and development, guarantees each of them state support and protection, regardless of its status and the population that speaks it. These provisions are fixed, in particular, in the Law "On the Languages ​​of the Peoples of the RSFSR" (Articles 2-4) and in the relevant republican laws. For example, the Law on the languages ​​of the peoples of the Republic of Khakassia in Article 3 establishes: “The state recognizes the equal rights of all languages ​​of the peoples of the Republic of Khakassia to their preservation and development. All languages ​​of the peoples of the Republic of Khakassia are supported by the state.”
The current legislation of the Russian Federation provides for the right of Russian citizens to receive basic general education in their native language (See Part 2 of Article 6 of the Law of the Russian Federation “On Education”), the right of ethnic groups to create national clubs, studios and art groups, organize libraries, circles and studios for the study of the national language (See Article 21 of the Fundamentals of the Legislation of the Russian Federation on Culture).
Federal bodies of legislative, executive and judicial power guarantee and provide social, economic and legal protection of all languages ​​of the Russian Federation. Targeted budgetary and other financial support for state and scientific programs for the preservation and development of languages ​​is established, and a preferential tax policy is pursued for this purpose.
In accordance with the Constitution, serious attention should be paid to ensuring the free development of languages ​​in areas densely populated by national minorities. Here, along with the Russian language and the state languages ​​of the republics, the language of the population of a given area can be used in official areas of communication. Thus, in Article 4 of the Law on the Languages ​​of the Peoples of the Republic of Khakassia, it is determined that the Republic creates conditions for the preservation and development of the languages ​​of small peoples who do not have their own national-state and national-territorial formations.
The Declaration on the State Sovereignty of the RSFSR and the Declaration on the Languages ​​of the Peoples of Russia proclaimed the principles of ensuring the representatives of nations and nationalities living outside their national-state formations or not having them on the territory of Russia, their legitimate ethnic and cultural rights, special care and attention of the state to languages small peoples. If measures are not taken to preserve such languages, they may soon disappear without a trace.
The Russian Federation provides moral, material and organizational support to compatriots living outside of Russia. Yes, May 15, 1992. an Agreement on Cooperation in the Field of Education of the CIS Member States was concluded, which provides for assistance in meeting the educational needs of the population belonging to national minorities and distinctive ethnic groups, including in their native language, the provision of mutual assistance in the provision and development of original textbooks and other educational methodological literature, in the training and retraining of teachers for national minorities and ethnic groups (see also

1. The Russian language has the status of the state language in Russia in accordance with the Constitution of the Russian Federation and the Law of the Russian Federation of October 25, 1991 N 1807-1 “On the Languages ​​of the Peoples of the Russian Federation”. This means that it is used in all spheres of state and public life. It publishes laws and other legal acts, writes official documents, minutes and transcripts of meetings, conducts office work in state bodies and official correspondence. It is the main language of upbringing and teaching in schools and other educational institutions. The state language is mainly used on television and radio, in the publication of newspapers and magazines.

2. Part 2 of Article 68 of the Constitution also enshrines the right of the republics to establish their own state languages. Each republic can determine which language or languages ​​are its state language, what measures are provided for the protection of the national language, in what areas of life it can be used. In a number of republics, in connection with giving the status of the state titular language, it is declared the object of special concern of the state. For example, Article 18 of the Steppe Code (Basic Law) of the Republic of Kalmykia-Khalmg Tangch states: “The Kalmyk language is the basis of the national identity of the Kalmyk people. Its revival, preservation, development and expansion of the environment of use are the priority tasks of the authorities of the Republic of Kalmykia.” Similar provisions on special attention to state titular languages ​​can be found in the laws of the republics of Komi, Sakha (Yakutia), Chuvashia, Ingushetia, Mari El and the Kabardino-Balkarian Republic. The law of the Republic of Tuva declares that giving the Tuvan language the status of a state language, along with other positions, will be a legal guarantor for solving personnel prerequisites for encouraging and helping representatives of other nationalities to learn the Tuvan language. Such an approach, in our opinion, does not fully comply with the norm of the same law on ensuring the free development and equality of all languages ​​in Tyva. Undoubtedly, based on the principles of equal rights of peoples to preserve and develop their languages, the laws of the republics of Adygea, Altai, Buryatia, Tatarstan, Khakassia and the Karachay-Cherkess Republic enshrine the right to state support for all the languages ​​of the peoples of these republics.

3. It should be recognized that it is often the giving of special priority to the state titular languages ​​of the republics that serves as the basis for the escalation of tension in interethnic issues. First of all, this should include the requirements for the mandatory knowledge of both state languages ​​for a candidate for the position of the highest official of the republic, as well as an expanded interpretation of the list of positions, the occupation of which requires knowledge of both state languages. At present, the requirement for the president of the republic to speak both state languages ​​is enshrined in the constitutions of the republics of Adygea, Bashkortostan (although the title language is not declared the state language), Buryatia, Ingushetia, Sakha (Yakutia), North Ossetia-Alania, Tatarstan, Tyva.

4. In the Concept of the State National Policy of the Russian Federation, approved by Decree of the President of the Russian Federation of June 15, 1996 N 909, among the basic principles of the state national policy, a significant place is given to the protection of the linguistic rights of individuals and peoples. Citizens of the Russian Federation have the right to receive basic general education in their native language, which is ensured by the creation of the required number of relevant educational institutions.