REFORMING AND EFFECTIVE IMPLEMENTATION OF LEGISLATIVE FRAMEWORK REGARDING ETHNIC MINORITIES AS ONE OF THE “SEVEN STEPS” OF EUROPEAN PERSPECTIVE FOR UKRAINE

Abstract

The article attempts to present some problematic aspects of the legal status of ethnic communities within the framework of implementation of the Law of Ukraine «On National Minorities (Communities) of Ukraine» as one of the seven demands for the European integration of Ukraine. The author stated, that changes to this Law were «provoked» by critical remarks of the Venice Commission (June 2023). At the same time, comments from the representatives of ethnic minorities of Ukraine, in particular the Hungarians of Transcarpathia, were not taken into account. The analysis shows, that the most important changes and additions have been made to provisions related to the protection of language rights of ethnic communities in Ukraine. New version of the legislation provides for the possibility of using the languages of national minorities (communities) in advertising, providing assistance and protection to victims of violence, care for elderly citizens etc. Specialized bookstores, formed for realization of the rights of national minorities, provision of support/conferance during cultural and artistic, entertainment or entertainment events are envisaged. The author of this article draws his attention to the fact, that in conditions of the Russian-Ukrainian war, the prohibition of propaganda and popularization of the terrorist state became logically justified. At the same time, the legislation regarding the (non)use of the Russian language is fixed too rigidly. In such conditions, representatives of the Russian ethnic community in Ukraine became hostages of the situation created by Russian armed aggression, therefore Russian ethno-cultural assosiations are temporarily limited in the exercise of the rights and freedoms enjoyed by all other ethnic communities during the period of martial law and six months after its termination or cancellation Ukraine on the basis of the Law of Ukraine «On National Minorities (Communities) of Ukraine». It was noted that there was a lapsus calami of the definition in amended and updated Law of Ukraine “On National Minorities (Communities) of Ukraine» due to the deletion of term «traditionally” in Art. 1 with the aim of inclusive approach to all ethnic communities of Ukraine and further ignoring this term in Art. 10 and 19. A similar lapsus calami is the use of wording «a significant part of the population» in Art. 10 (provisions 7 to 12) are invalid. They need to be replaced by legislative fixing of minimum quota for the number of representatives of ethnic minorities who live compactly in territorial communities (for example, in Slovakia – 15%). The author recommends taking into account the ethno-political experience of the countries of Central and Eastern Europe in developing the Concept of State Ethnic Policy and the subsequent revision of the Law of Ukraine «On National Minorities (Communities) of Ukraine» in the context of coordination with the language, education, party and election legislation of Ukraine.